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Agenda 11/14/2023 Item #16B 9 (Work Order for Contract #7800 for Underground Contractor Services w/ Coastal Concrete Products, LLC)11/14/2023 EXECUTIVE SUMMARY Recommendation to award a Work Order for a Request for Quotation (“RFQ”) under Agreement No. 20- 7800, “Underground Contractor Services” to Coastal Concrete Products, LLC. (dba Coastal Site Development), in the amount of $524,824 and authorize the Chairman to sign the attached Work Order (Project Number 60143). OBJECTIVE: To award an RFQ for the “Sanitation Road Culvert Replacement” project to Coastal Concrete Products, LLC. (dba Coastal Site Development) to complete stormwater capacity upgrades and improvements in the Immokalee Slough, part of the Immokalee Stormwater Master Improvement Plan within the Collier County Stormwater Management System. CONSIDERATIONS: The proposed scope of work under Project No. 60143 - Sanitation Road Culvert Replacement, is consistent with the FY2023 Budget approved by the Board on September 22, 2022. This project consists of replacing the existing stormwater culverts under Sanitation Road that allow stormwater flow conveyance through the Immokalee Slough that eventually discharges into Lake Trafford. On May 5, 2023, County Staff issued an RFQ for “Sanitation Road Culvert Replacement,” to all nine contractors under Agreement No. 20-7800, Underground Contractor Services. Four of the nine contractors submitted quotations to the County by the May 26, 2023, deadline. Out of the 4 submitted quotes PWC Joint Venture was responsive but not responsible; the responses are summarized below: Respondents Quote Coastal Site Development, LLC $524,824 Quality Enterprises USA, Inc. $539,680 PWC Joint Venture, LLC $553,956 Douglas N Higgins, Inc. $672,660 Cougar Contracting, LLC No Quote Haskins, Inc. No Quote Kyle Construction, Inc. No Quote Mitchell & Stark Construction, Co., Inc. No Quote Southwest Utility Systems, Inc. No Quote Staff concluded that Coastal Concrete Products, LLC. (dba Coastal Site Development) is the lowest responsive and responsible bidder for the “Sanitation Road Culvert Replacement” project. The quotation is competitive, and representative of the current market conditions. The Engineering consultant, HighSpans Engineering, Inc. evaluated the quotations and recommends awarding this project to Coastal Concrete Products, LLC. (dba Coastal Site Development) with a bid amount of $524,824.00. The low bid is approximately 5% less than the May 2023 engineer’s estimate of $550,592.20. As required under Section 22 of the Agreement, the Contractor is providing Payment and Performance Bonds for the full amount of the work prior to commencing the performance of the project. Staff recommends that the Board award the RFQ to Coastal Concrete Products, LLC. (dba Coastal Site Development) and authorize the Chairman to sign off on the attached Work Order. FISCAL IMPACT: The source of funding is the Immokalee Stormwater Improvements Project No. 60143, Stormwater Capital Fund 3050 and Stormwater Debt Fund 3052. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards. 16.B.9 Packet Pg. 629 11/14/2023 LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: Recommendation to award a Work Order for a Request for Quotation (“RFQ”) for Project No. 60143 under Agreement No. 20-7800, “Underground Contractor Services” to Coastal Concrete Products, LLC. (dba Coastal Site Development), in the total amount of $524,824 and authorize the Chairman to sign the attached Work Order for Project No. 60143. Requested by: Eric Ovares, Project Manager II, Capital Project Planning, Impact Fees, and Program Management Division ATTACHMENT(S) 1. Coastal- Work Order Sanitation (PDF) 2. 20-7800_CoastalSiteDevelopment_Contract (PDF) 3. Sanitation Rd Combined bidtab (XLSX) 4. HEI DELORA Sanitation Road Culvert Replacement (PDF) 16.B.9 Packet Pg. 630 11/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.9 Doc ID: 26868 Item Summary: Recommendation to Award a Work Order for a Request for Quotation (“RFQ”) for Project No. 60143 - Sanitation Road Culvert Replacement, Under Agreement No. 20-7800, “Underground Contractor Services” to Coastal Concrete Products, LLC. (dba Coastal Site Development), in the Amount of $524,824 and Authorize the Chairman to Sign the Attached Work Order Meeting Date: 11/14/2023 Prepared by: Title: – Capital Project Planning, Impact Fees, and Program Management Name: Eric Ovares 10/06/2023 2:04 PM Submitted by: Title: Division Director - Capital Proj Plan, Impact Fees – Capital Project Planning, Impact Fees, and Program Management Name: Beth Johnssen 10/06/2023 2:04 PM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Daniel Roman Additional Reviewer Completed 10/06/2023 10:13 PM Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 10/09/2023 10:31 AM Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed 10/09/2023 4:28 PM Road Maintenance Eric Ovares Additional Reviewer Skipped 10/10/2023 8:34 AM Procurement Services Eric Ovares Additional Reviewer Skipped 10/11/2023 9:18 AM Growth Management Community Development Department Lisa Taylor Additional Reviewer Completed 10/12/2023 7:30 AM Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 10/12/2023 10:45 AM Capital Project Planning, Impact Fees, and Program Management Leeann Charles Additional Reviewer Completed 10/16/2023 8:20 AM Transportation Management Operations Support Tara Castillo Additional Reviewer Completed 10/16/2023 1:39 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 10/17/2023 5:45 PM Procurement Services Sandra Herrera Procurement Director Review Completed 10/23/2023 8:39 AM Transportation Management Services Department Trinity Scott Transportation Completed 10/25/2023 3:37 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/25/2023 3:40 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/26/2023 1:08 PM 16.B.9 Packet Pg. 631 11/14/2023 Community & Human Services Maggie Lopez Additional Reviewer Completed 10/30/2023 9:27 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/02/2023 3:55 PM Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM 16.B.9 Packet Pg. 632 16.B.9.aPacket Pg. 633Attachment: Coastal- Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) 16.B.9.aPacket Pg. 634Attachment: Coastal- Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) 16.B.9.aPacket Pg. 635Attachment: Coastal- Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) 16.B.9.aPacket Pg. 636Attachment: Coastal- Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) 16.B.9.aPacket Pg. 637Attachment: Coastal- Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) 16.B.9.aPacket Pg. 638Attachment: Coastal- 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Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) 16.B.9.aPacket Pg. 666Attachment: Coastal- Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) 16.B.9.aPacket Pg. 667Attachment: Coastal- Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) 16.B.9.aPacket Pg. 668Attachment: Coastal- Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) 16.B.9.aPacket Pg. 669Attachment: Coastal- Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) 16.B.9.aPacket Pg. 670Attachment: Coastal- Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) 16.B.9.aPacket Pg. 671Attachment: Coastal- Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) 16.B.9.aPacket Pg. 672Attachment: Coastal- Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) 16.B.9.aPacket Pg. 673Attachment: Coastal- Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) 16.B.9.aPacket Pg. 674Attachment: Coastal- Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) 16.B.9.aPacket Pg. 675Attachment: Coastal- Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) 16.B.9.aPacket Pg. 676Attachment: Coastal- Work Order Sanitation (26868 : Sanitation Road Culvert Replacement) MULTI-CONTRACTOR AWARD AGREEMENT 20-7800 for Underground Contractor Services THIS AGREEMENT, made and entered into on this ,^ day of 20 21 , by and between Coastal Concrete Products, LLC dba Coastal Site Development authorized to do business in the State of Florida, whose business address is 7742 Alico Road, Fort Myers, FL 33912 the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a five 5 ) year period, commencing upon the date of Board approval; or on and terminating five 5 year(s) from that date or until all outstanding 11 Purchase Order(s) Work Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two 2 ) additional one 1 year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a *Purchase Order *Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal (RFP) n Other: Invitation for Qualification IFQ ) # 20-7800 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. • The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 677 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 III The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. n The procedure for obtaining Work under this Agreement is outlined in n Other Exhibit/Attachment: 3.4 ICI The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. Contractor's quoted prices, when providing Time & Material quotes, shall be based on Exhibit B- Fee Schedule. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". n The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of pursuant to the quoted price offered by the in Section 4.1. Contractor's quoted prices shall be based on Exhibit B Fee Schedule. otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ICI Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 2 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 678 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4,5 Mileage 0 44-5-per-rye 8-reakfaet 6-00 Ltihsh 4-1--99 Dinner 19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car vehicle tedging cap of no more than $150.00 per night Fkihg Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine AgceeReet 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 679 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Coastal Concrete Products, LLC dba Coastal Site Development Address: 7742 Alico Road Fort Myers, FL 33912 Authorized Agent: Attention Name & Title: David E. Torres, Manager Telephone: 239) 208-4079 E-Mail(s): David.Torrescompanies.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Steve Messner Division Name: Water Division Address: 4370 Mercantile Avenue Naples, Florida Administrative Agent/PM: Pamela Libby Telephone: 239) 252-6239 E-Mail(s): Pamela.Libby@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 33 Multi-Contractor Award Agreement[2021_ver.1] S 16.B.9.b Packet Pg. 680 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. C Commercial General Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. • Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. (U1 Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. D. Jul Watercraft: $ 1,000,000 Per Occurrence. E. n Maritime Coverage (Jones Act): Shall be maintained where applicable to the completion of the work $ 1,000,000 per Occurrence. The Division requesting the quoted work will obtain the appropriate endorsement for Maritime coverage on an as needed project basis. F. rit Pollution: $ 1,000,000 per Occurrence. Page 5 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 681 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) G. • United States Longshoreman's and Hardworker's Act Coverage shall have minimum limits of$ 1,000,000 per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Departement Water Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the Page 6 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 682 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A Scope of Services, n Exhibit B Fee Schedule, RFP/ I I / Other Invitation of Qualification (IFQ)20-7780 including Exhibits, Attachments and Addenda/Addendum, 'MI subsequent quotes and corresponding contract documents, n Exhibit C-1 Public Payment Bond, Exhibit C-2 Public Performance Bond, Exhibit D - Release and Affidavit Form, Exhibit E — Form of Contract Application for Payment, Exhibit F - Change Order, III Exhibit G - Certificate of Substantial Completion, [1l Exhibit H -Certificate of Final Completion, Exhibit I Warranty, and I I Othcr Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box (U) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Page 7 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 683 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequestPcolliercountvfLgov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) Page 8 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 684 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 23. [ LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation/Scope of Work. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 24. n PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit"D" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between Owner and Contractor, Page 9 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 685 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 28. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, Page 10 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 686 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 29. n CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 31. •TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 32. 0 PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. Page 11 of 33 Multi-Contractor Award Agreement[2021_ver.1] CAS' 16.B.9.b Packet Pg. 687 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) 33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 34. n COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "I". Page 12 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 688 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 35.WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 39. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 13 of 33 Multi-Contractor Award Agreement[2021_ver.1] CAO 16.B.9.b Packet Pg. 689 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) 40. I4E PERSONNEL. The Contractor's per owl-el and management to be utilized for this project complete the services on a timely basis, and each person assigned shall be available for an amount of time adequat replacement personnel. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. ImI ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance Page 14 of 33 Multi-Contractor Award Agreement[2021_ver.1] CAO 16.B.9.b Packet Pg. 690 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 44. n SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. Intentionally left blank-signature page to follow) Page 15 of 33 Multi-Contractor Award Agreement[2021_ver.1] 0 16.B.9.b Packet Pg. 691 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA Crystal K. Kinzel, Clerk of Court& Comptroller; By: sc By: PE N TAYL hair Dated: . ,`'' O ,'.. Coastal Concrete Products, LLC dba Coastal Site DevelopmentContra ''s stnesses: Contract actitlot- 4 By: Contractor's First Witness Sign a,,;dQ E. ijtit 16 ge Ittia( 1-y TType/print signature and titleT TType/print witness name Contractor's second Witness tType/print witness name o d as t r an Legality: Co my Attorney Print Name Page 16 of 33 Multi-Contractor Award Agreement[202 ver.1] 16.B.9.b Packet Pg. 692 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) Exhibit A Scope of Services following this page (pages through 2 this exhibit is not applicable Page 17 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 693 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) IFQ#20-7800"Underground Contractor Services" EXHIBIT A SCOPE OF SERVICES Contractors shall provide complete general utility and stormwater management system contracting services and on-call urgent repair services.The Contractors will be responsible for providing complete utility contracting services regardless of location for a wide range of projects as may be requested by Collier County. Services shall include,but not be limited to,the following: 1. Supervision/administration of work. 2. New construction of water/sewer lines, lift stations,manholes,storm drains,and appurtenances. 3. Renovations/retrofits of water/sewer lines, lateral lines, lift stations, manholes, storm drains, and appurtenances. 4. Demolition associated with renovations/retrofits. 5. Scheduling work and subcontractors in harmony with the County's operations. 6. Estimating cost of future projects. 7. Repairs (urgent and non-urgent) of all types of underground infrastructure, including but not limited to water mains, force mains, water services, backflows, lateral lines, gravity water mains, valves, and hydrants. 8. Installation/repair/replacement/restoration/maintenance/excavation of stormwater management systems, including but not limited to pipe and pipe fittings, manholes, junction boxes, structures, box culverts, frames & grates, backflow preventers, pump stations, weirs, head walls, end walls, sea walls, boat ramps, swales, ditches, canals, outfalls, dredging, pipe and structure cleaning and viewing, pipe lining, and all associated miscellaneous work. 9. Repairs to service lines for various County departments, serving facilities such as parks, libraries and other office buildings. 10. On-Call Urgent Services. I. Required Licenses and Standards Contractor must possess and maintain during the duration of the Agreement a State of Florida Underground Utility and Excavation Contractor license or a General Contractors license. All work performed will meet or exceed County Utility Technical Standards, see link below. hops://www.colliercountvfl.gov/your-govemment/divis ions-f-r/public-utilities-planning-and-prof ect- management/utilities-standards-manual II. Payment and Performance Bonds Projects over$200,000 shall have a payment and performance bond and shall be provided within ten (10)business days after notification of award. The payment and performance bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the County. 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. 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., 75 Fulton Street, New York, NY 10038. Should the contract amount be less than $500,000 the requirements of Section 287.0935, Florida Statutes shall govern the rating and classification of the surety.All performance security under the subsequent contract shall be continued for a six(6)month period beyond the final completion of the project. If the surety for any bond furnished by the 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 another bond and surety,both of which shall be subject to County's approval. Page 1 of 2 Exhibit A—Scope of Services 16.B.9.b Packet Pg. 694 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) III. On-Call Urgent Services Urgent work shall be defined as any work that is not scheduled. 24-hour availability is needed to complete on-call urgent work.Urgent work will be completed on a rotating schedule with one(1)Contractor designated for a one(1) week period. Each awarded Contractor shall supply all County departments utilizing this contract with a minimum of two(2)twenty-four(24)hour urgent contact phone numbers. All Contractors must participate in the urgent work rotation, which will be equally divided. The County Project Manager or designee will manage and maintain rotation schedules such that a minimum of six (6) months of future equitable assignments are accessible to all Contractors awarded. Urgent calls for assistance must be responded to with a Supervisor on site within 1 hour to evaluate the job and crews, equipment, and if needed Maintenance of Traffic set up within 2.5 hours of the request for assistance. Should a Contractor fail to respond to an urgent call the next Contractor in rotation shall be contacted. Any failure to provide coverage by a Contractor,may be subject to termination. Rates for On-Call urgent services are outlined in Exhibit B-Fee Schedule. IV. Price Methodology and Subcontractor Work The County shall pay the Contractor for the performance of the work pursuant to the quoted price offered by the Contractor in their response to a specific request for quotation. The Contractor will be compensated for time and material work or lump sum as applicable, including material and specialty equipment markup, either for urgent or non-urgent work. Markup for subcontractors shall be 15%. Markup for material shall be 10% V. Distribution of Work Quotes will be requested for each project. The procedure to be followed will be determined by the value of the project. A. The procedure for projects with a value of$50,000 or less is outlined below: 1. A quote will be requested from one(1)of the awarded Contractors on a basis that ensures a relatively even distribution of the work. 2. Contractor shall respond with the information and/or proposal sought within seven(7)calendar days. 3. Issuance of a Work Order by County. B. Procedures for projects with a value of$50,000 to$1,000,000 are as follows: 1. Quotations shall be solicited from all the awarded Contractors. Completion time and the collection of liquidated damages may be specified in the request for quotation. 2. Contractor shall respond with the quote within ten (10) business days. The County's Project Manager or designee will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote. 3. Bonds are applicable for projects over$200,000. 4. Issuance of a Work Order by County. 5. Any project over$500,000 must be presented to the BCC for approval. The Division requesting quoted work will obtain the appropriate endorsement for Maritime coverage on an as needed project basis. The County reserves the right to waive any or all of these requirements if in the best interest of the County and to separately solicit any job.The County reserves the right to supply all necessary parts for selected projects and repairs. Page 2 of 2 Exhibit A—Scope of Services 16.B.9.b Packet Pg. 695 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) Exhibit B Fee Schedule following this page (pages 1 through n this exhibit is not applicable Page 18 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 696 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) IFQ#20-7800 "Underground Contractor Services" EXHIBIT B FEE SCHEDULE I. On-Call Urgent Services Rates for On-Call urgent services are outlined in the attached. II. Quotes for projects with a value of$50,000 or less shall utilize Time and Material Price Methodology based off the attached rates. III. Price Methodology and Subcontractor Work Markup for subcontractors shall be 15%. Markup for material shall be 10% 16.B.9.b Packet Pg. 697 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) eap Coastal Coastal Concrebe rf siteDevelopment Products A Division of Coastal Concrete Products, LLC Regular hours shall be Monday through Friday 7AM-4 PM,overtime hours shall be Friday through Monday 4PM-7AM as well as all day on holidays. Subcontractor work shall be strictly 15%markup and 10%for material.Any equipment rate shall be the same regardless of time and shall be charged for hours utilized.Any rentals shall be considered the same as subcontractor markup at 15%.A copy of the rental receipt must be included with each invoice. Labor Charges—Hourly Rate Regular Hours(7am-4pm) Overtime Hours(4pm-7am) Project Manager 120.00 156.00 Superintendent 95.00 123.50 Foreman (Concrete,Grading or Underground) $75.00 97.50 Equipment Operator 65.00 84.50 Underground Crew 60.00 78.00 Concrete Crew 60.00 78.00 Grading Crew 55.00 71.50 MOT 55.00 71.50 Laborer 55.00 71.50 Equipment Charges(excluding Operator)—Hourly Rate Excavator- Large (50,0001bs+) 140 Hand Concrete Saw $15 Excavator-Medium(20,000-50,0001bs) 100 Pipe Laser 30 Excavator-Mini(0-20,0001bs) 80 Volumetric Mixer $170 Loader-Skid Steer(Bobcat) 75 Walk Behind Asphalt/ Loader—Medium(Kubota R520/Komatsu 95) $95 Concrete Cutter 35 Loader—Full Size(Komatsu 250 or larger)110 Walk Behind Milling $35 Dump Truck—18cyd 75 Curb Machine 55 Telescopic Forklift(80001b+capacity) 80 Road Plates 25 Flat Bed Truck Dump Truck 70 Hammer Mounted Off Road Dump Truck(25cyd+capacity) 150 on Miniexcavator $65 Bulldozer 105 Hammer Mounted Motor Grader 130 on Med/Lg Excavator $95 Dewatering Pump—2 &3"45 Low-Boy Trailer/Truck $85 Dewatering Pump—4" 55 Dewatering Pump—6" 75 Dewatering Pump—8" 85 Trench Box 70 Light Tower 60 Plate Compactor 50 Small Roller 65 Full Size Roller 80 MOT Device(cone,sign, drum, etc) 0.50 0 16.B.9.b Packet Pg. 698 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) Exhibit C-1 this exhibit is not applicable PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at Business Address) are held and firmly bound to as Oblige in the sum of for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _day of 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under-signed representative, pursuant to authority of its governing body. Page 19 of 33 Multi-Contractor Award Agreement[2021_ver.1 16.B.9.b Packet Pg. 699 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) 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 by means of physical presence or online notarization, this of 20 , by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: Signature of Notary Public-State of Florida) Name: Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST:SURETY: Printed Name) Business Address) Authorized Signature) Witness as to Surety Printed Name) OR Page 20 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 700 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) As Attorney in Fact Attach Power of Attorney) Witnesses Business Address) Printed Name) Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or D online notarization, this of 20 , by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: Signature of Notary Public-State of Florida) Name: Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 21 of 33 Multi-Contractor Award Agreement[2021_ver.1] 6t.CN-\. 16.B.9.b Packet Pg. 701 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at Business Address) are held and firmly bound to as Oblige in the sum of for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the_day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 22 of 33 Multi-Contractor Award Agreement[2021_ver.1] CAC 16.B.9.b Packet Pg. 702 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of 0 physical presence or online notarization, this of 20 , by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: Signature of Notary Public-State of Florida) Name: Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 23 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 703 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) ATTEST:SURETY: Printed Name) Business Address) Authorized Signature) Witness as to Surety Printed Name) OR As Attorney in Fact Attach Power of Attorney) Witnesses Business Address) Printed Name) Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this of 20 , by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: Signature of Notary Public-State of Florida) Name: Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 24 of 33 Multi-Contractor Award Agreement[2021_ver.1] till ' 16.B.9.b Packet Pg. 704 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( STATE OF ( Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: 1) In accordance with the Contract Documents and in consideration of $ to be received, Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. 2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. 3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. 4) This Release and Affidavit is given in connection with Contractor's [monthly/final]Application for Payment No. CONTRACTOR BY: Witness ITS: DATE: Witness Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this of 20 , by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: Signature of Notary Public-State of Florida) NAME: Legibly Printed) Notary Public, State of AFFIX OFFICIAL SEAL) Commissioner No.: Page 25 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 705 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT County Project Manager)Bid No. County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District(the OWNER) Application Date FROM: Contractor's Representative) Payment Application No. Contractor's Name)for Work accomplished through the Date: Contractor's Address) RE: Project Name) Original Contract Time: Original Contract Amount: Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount Total value of Work Completed Retainage @ 10% thru [insert date] and stored to Date Retainage @ _% after [insert date] Less previous payment(s) $ Percent Work completed to Date: AMOUNT DUE THIS Percent Contract Time completed to Date APPLICATION: Liquidated Damages to be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: Contractor's Name) Signature) DATE: Type Name &Title) shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DP's Name) Signature) DATE: Type Name&Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Signature) DATE: Type Name and Title) Page 26 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 706 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) this exhibit is not applicable EXHIBIT F CHANGE ORDER Contract Modification Work Order Modification Contract#: Change#: Purchase Order#: Project#: Contractor/Firm Name:Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change DIV/O! Total Change from Original Amount Revised Contract/Work Order Total 0.00 DIV/0! Change from Current BCC Approved Amount Cumulative Changes 0.00 DIV/0! Change from Current Amount Completion Date, Description of the Task(s)Change,and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date Includes this change) of Days Added Select Tasks Add new task(s) Delete task(s) Change task(s) Other(see below) Provide a response to the following: 1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and or the additional days added(if requested);2.)why this change was not included in the original contract;and,3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor /Vendor / Consultant/Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: Contractor/Vendor/Consultant/Design Professional and Name of Firm, if project applicable) Approved by: Date: Design Professional and Name of Firm, if project applicable) Approved by: Date: Procurement Professional Page 27 of 33 Multi-Contractor Award Agreement[2021_ver.1] iry 16.B.9.b Packet Pg. 707 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) n this exhibit is not applicable EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 28 of 33 Multi-Contractor Award Agreement[2021_ver.1] OCAO 16.B.9.b Packet Pg. 708 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER By: Type Name and Title Page 29 of 33 Multi-Contractor Award Agreement[2021_ver.1] CAO 16.B.9.b Packet Pg. 709 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) this exhibit is not applicable EXHIBIT H CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 710 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) Executed by Design Professional on 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page 31 of 33 Multi-Contractor Award Agreement[2021_ver.1] 16.B.9.b Packet Pg. 711 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi-Award Agreement 2017 006 Ver.l 16.B.9.b Packet Pg. 712 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 01 06 A Ed. 4-92) LONGSHORE AND HARBOR WORKERS'COMPENSATION ACT COVERAGE ENDORSEMENT This endorsement applies only to work subject to the Longshore and Harbor Workers' Compensation Act in a state shown in the Schedule. The policy applies to that work as though that state were listed in Item 3.A. of the Information Page. General Section C. Workers'Compensation Law is replaced by the following: C. Workers'Compensation Law Workers' Compensation Law means the workers or workmen's compensation law and occupational disease law of each state or territory named in Item 3.A. of the Information Page and the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901-950). It includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers or workmen's compensation law, other federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part Two (Employers Liability Insurance), C. Exclusions., exclusion 8, does not apply to work subject to the Longshore and Harbor Workers' Compensation Act. This endorsement does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act. Schedule Longshore and Harbor Workers' State Compensation Act Coverage Percentage FL 58 The rates for classifications with code numbers not followed by the letter "F" are rates for work not ordinarily subject to the Longshore and Harbor Workers' Compensation Act. If this policy covers work under such classifications, and if the work is subject to the Longshore and Harbor Workers' Compensation Act, those non-F classification rates will be increased by the Longshore and Harbor Workers' Compensation Act Coverage Percentage shown in the Schedule. WC000106A Ed. 4-92) Copyright 1983, 1991 National Council on Compensation Insurance. 16.B.9.b Packet Pg. 713 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) Client#: 67237 COAC06 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/26/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stephanie Roberts Acrisure dba Gulfshore Ins SWF PHONE 239 261-3646 FAX 239 213-2803A/C,No,Ext): A/C,No): 4100 Goodlette Road N E-MAIL SS: sroberts@gulfshoreinsurance.com Naples, FL 34103 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 American Zurich Insurance Com an 40142INSURERA: Company INSURED INSURER B:American Guarantee&Liability Ins Co 26247 Coastal Concrete Products LLC Markel American Insurance Company 28932INSURERC:P Y 7742 Alico Rd Evanston Insurance CompanyINSURERD: P Y Fort Myers,FL 33912-6021 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INLTRR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMILDDY/YYYYY) (MM/DDY/YYYY) LIMITS A COMMERCIAL GENERAL LIABILITY X X GL0743477702 11/17/2020 11/17/2021 EEACCMH OCCURRENCE $2,000,000 PREMSEM(EaCLAIMS-MADE X OCCUR occurrence) $300,000 X PD Ded:2,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 PRO POLICY JECT LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: B AUTOMOBILE LIABILITY X X BAP743477802 11/17/2020 11/17/2021 EaMaccident) COBINED SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ AWNED SCHEDULED AUTOS ONLY AUTOS BODILY tNJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGEXAUTOSONLYXAUTOSONLYPeraccident) B X UMBRELLA LIAB X OCCUR AUC757740402 11/17/2020 11/17/2021 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE 4,000,000 DED X RETENTION$0 B WORKERS COMPENSATION X WC675866500 11/17/2020 11/17/2021 X STATUTE ERHANDEMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? y N/A Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Leased/Rented MKLM3IM0052797 11/17/2020 11/17/2021 $400,000 Lim$2,500 Ded D Pollution ECPENV03021 05/26/2021 05/26/2022 $1,000,000 Limit Liablity DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) For any and all work performed on behalf of Collier County" Collier County Board of County Commissioners,OR,Board of County Commissioners in Collier County,OR, Collier County Government,OR Collier County are included as Additional Insured on a primary and noncontributory basis with regards to General Liability only as required by written contract per form UGL1175FCW 0413,includes ongoing and completed operations,Waiver of Subrogation in favor of Additional See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier Countyof County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Boardoun y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E Naples, FL 34112 AUTHORIZED REPRESENTATIVE r N •1-4..11n..t."-At 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD S1696012/M1696008 SAR20 16.B.9.b Packet Pg. 714 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) DESCRIPTIONS (Continued from Page 1) Insured(s)per form UGL925BCW 1201.Additional Insured in regards to Auto Liability only as required by written contract per form CA2001 1013.Waiver of Subrogation regards to Auto Liability per form CA0444 1013.Waiver of Subrogation in regards to Workers Compensation only as required by written contract per form WC000313 0484.Workers Compensation includes USL&H. Umbrella Follows Form. SAGITTA 25.3(2016/03) 2 of 2 S1696012/M1696008 16.B.9.b Packet Pg. 715 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) Other Exhibit/Attachment Description: following this page (pages through ) this exhibit is not applicable Page 33 of 33 Multi-Award Agreement 2017.006 Ver.1 3 16.B.9.b Packet Pg. 716 Attachment: 20-7800_CoastalSiteDevelopment_Contract (26868 : Sanitation Road Culvert Replacement) Project: Project No.: 60143.9.1 Agreement: 20-7800 "Underground Utility Contractors" Agreement Expires: 06/21/2026 Email Notifications Sent: 1. Coastal Concrete Products, LLC.; 2. Cougar Contracting, LLC.; 3. Douglas N Higgins, Inc.; 4. Haskins, Inc.; 5. Kyle Construction, Inc.; 6. Mitchell & Stark Construction Company, Inc.; 7. PWC Joint Venture, LLC.; 8. Southwest Utility Systems, Inc.; 9. Quality Enterprises USA, Inc. Item Number Unit Estimated Quantities Unit Price Total Price 1 LS 1 83,423.50$ 83,423.50$ 2 LS 1 16,684.70$ 16,684.70$ 3 LF 1 28,000.00$ 28,000.00$ 4 LF 1 12,500.00$ 12,500.00$ 5 LS 1 2,000.00$ 2,000.00$ 6 LS 1 5,760.00$ 5,760.00$ 7 LS 100 65.00$ 6,500.00$ 8 CY 398 20.00$ 7,960.00$ 9 SY 321 46.00$ 14,766.00$ 10 SY 26 550.00$ 14,300.00$ 11 TN 108 790.00$ 85,320.00$ 12 LF 2 55,000.00$ 110,000.00$ 13 EA 136 180.00$ 24,480.00$ 14 TN 658 16.00$ 10,528.00$ 15 SY 84 120.00$ 10,080.00$ 16 CY 1 1,500.00$ 1,500.00$ 17 LS 358 65.00$ 23,270.00$ 18 CY 160 30.00$ 4,800.00$ 19 CY 224 45.00$ 10,080.00$ 20 TMCY 358 80.00$ 28,640.00$ 21 CY 1 -$ 50,000.00$ 550,592.20$ Sanitation Road Culvert Replacement SUBSOIL EXCAVATION EMBANKMENT RIPRAP, RUBBLE, F&I, DITCH LINING PERFORMANCE TURF, SOD SELECT BEDDING MATERIAL - #57 STONE (2'MINIMUM DEPTH) PROTECTION AND SUPPORT OF EXISTING UTILITIES MUCK EXCAVATION AND DISPOSAL Item Description MOBILIZATION BID TABULATION EOR OPC MAINTENANCE OF TRAFFIC CLEARING & GRUBBING LICENSED SURVEYOR PERFORM 2 TEST HOLE FOR MUCK INVESTIGATION TYPE III TURBIDITY BARRIERS/ SILT FENCE EMBANKMENT TYPE B STABILIZATION OPTIONAL BASE, BASE GROUP 04 SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC B PIPE CULVERT,OPT MATERIAL, ROUND, 48"S/RCP (TO INCLUDE FLOWABLE FILL QUADRUPLE CONCRETE END SECTION, 48"RCP Total Bid (Bid Subtotal & Bid Allowance) SELECT BEDDING MATERIAL - #57 STONE (REPLACEMENT OF MUCK) PROJECT ALLOWANCE 16.B.9.c Packet Pg. 717 Attachment: Sanitation Rd Combined bidtab (26868 : Sanitation Road Culvert Replacement) 16.B.9.dPacket Pg. 718Attachment: HEI DELORA Sanitation Road Culvert Replacement (26868 : Sanitation Road Culvert Replacement)