The URL can be used to link to this page

Agenda 12/12/2023 Item #11B (Award invitation to Bid No.23-8096 to Heatherwood Construction Company)12/12/2023 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (“ITB”) No. 23-8096, “Pelican Bay New Maintenance Facility” to Heatherwood Construction Company in the amount of $5,340,571, authorize the Chairman to sign the attached Construction Services Agreement, and approve the necessary budget amendment. OBJECTIVE: Improve working conditions and efficiencies by replacing end-of-useful service life maintenance facilities. CONSIDERATIONS: The Pelican Bay Services Division Municipal Services Taxing & Benefits Unit (the “MSTBU”) was formed to provide street lighting, water management, beach renourishment, ambient noise management, extraordinary law enforcement service, beautification, and the maintenance of conservation and preserve areas within Pelican Bay. The MSTBU is also solely responsible for advising the County on dredging and maintaining Clam Pass to enhance the health of the affected mangrove forest and manages such activities for the County. Since 1974, the MSTBU (and its predecessor the Pelican Bay Independent District), has performed its maintenance operations out of the building located on Watergate Way inside the Pelican Bay community. As the maintenance responsibilities of the MSTBU expanded over the past 40 years, the building reached the end of its service life, and the MSTBU planned to replace the existing building and facilities to maintain operational efficiency. In addition to replacing the existing office and maintenance garage, the project will include the construction of a new chemical and soil storage building and a fueling facility. On April 26, 2023, the Procurement Services Division issued ITB No. 23-8096, Pelican Bay New Maintenance Facility. The County received the following five bids by the July 10, 2023, deadline. Respondents: Company Name City County St Base Bid Alternates (4) Total Bid = Base Bid + Alternates 1-3 Respon- sive/ Respon- sible Heatherwood Construction Company Bonita Spring s Lee FL $4,724,615.00 #1 $8,783.00 #2 $349,273.00 #3 $257,900.00 #4 $60,106.00 $5,340,571.00 Y/Y Waypoint Contracting, Inc. Doral Miami- Dade FL $5,040,000.00 #1 $5,500.00 #2 $380,000.00 #3 $245,000.00 #4 $58,000.00 $5,670,500.00 Y/Y DEC Contracting Group, Inc. Ft. Myers Lee FL $5,999,548.92 #1 $8,888.89 #2 $462,484.67 #3 $391,107.56 #4 $48,950.33 $6,862,030.04 Y/Y DMR Construction Services, Inc. Delra y Beach Palm Beach FL $7,114,797.72 #1 $5,244.00 #2 $251,249.06 #3 $148,256.11 #4 $10,000.00 $7,519,546.89 Y/Y Rycon Construction, Inc. Ft. Myers Lee FL $6,193,309.90 #1 $5,067 #2 Nonresponsive #3 Nonresponsive #4 $60,252.05 $6,193,309.90 N/Y 11.B Packet Pg. 631 12/12/2023 Of the five bids received, staff found four bidders responsive and responsible. Staff deemed Rycon Construction, Inc., non-responsive for not providing prices for bid alternate items. Staff is recommending awarding the attached agreement to Heatherwood Construction Company (“HCC”), the lowest responsive and responsible bidder. The quote received from HCC is approximately 37.4% higher than Davidson Engineering, Inc.’s (“Davidson”) Opinion of Probable Construction Cost of $3,885,654.52. Davidson asserts that the quote came in higher than the estimated Opinion of Probable Construction cost due to the considerable rise in the cost of construction materials. References provided by HCC show sufficient relevant experience with similar projects to suggest it has the necessary experience to complete the project. Further, Davidson opined that it has successfully worked with HCC on projects located in Collier and Lee County. Heatherwood Construction Company was incorporated in Florida in 2004, and is registered as active to conduct business on the Florida Division of Corporations website. Staff recommends that the Board award ITB No. 23- 8096, Pelican Bay New Maintenance Facility, to Heatherwood Construction Company, the lowest, responsive and responsible bidder. FISCAL IMPACT: Funding in the amount of $4,886,282.00 is available in Pelican Bay Hardscape and Landscape Capital Fund (3041), Project 50211 (Pelican Bay-OPS BLDG). Public Utilities Division will fund a portion of the site work in the amount of $454,289.00 from Wastewater Capital Fund (4014), Project 70117.3.1.4 (Site Improvement - Shared Exp with Pelican Bay). A budget amendment in the amount of $454,289.00 is r equired to reallocate funding from 73922 (Collection SCADA Improvements) to Project 70117. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: To approve the award of ITB No. 23-8096, “Pelican Bay New Maintenance Facility” to Heatherwood Construction Company in the amount of $5,340,571, authorize the Chairman to sign the attached Agreement, and approve the necessary budget amendment. Prepared By: Ayoub R. Al-Bahou, PE, LEED ® GA, ADAC Principal Project Manager, Facilities Management ATTACHMENT(S) 1. 23-8096 DELORA (PDF) 2. 23-8096 - NORA pdf (PDF) 3. [Linked] 23-8096 VendorSigned_Heatherwood (PDF) 4. 23-8096 Insurance_Heatherwood (PDF) 5. 23-8096 Bid Tabulation (PDF) 11.B Packet Pg. 632 12/12/2023 COLLIER COUNTY Board of County Commissioners Item Number: 11.B Doc ID: 27211 Item Summary: Recommendation to award Invitation to Bid (“ITB”) No. 23-8096, “Pelican Bay New Maintenance Facility” to Heatherwood Construction Company in the amount of $5,340,571, authorize the Chairman to sign the attached Construction Services Agreement, and approve the necessary budget amendment. (Ed Finn, Deputy County Manager) Meeting Date: 12/12/2023 Prepared by: Title: Principal Project Manager – Facilities Management Name: Ayoub Al-bahou 11/08/2023 11:35 AM Submitted by: Title: – Facilities Management Name: John McCormick 11/08/2023 11:35 AM Approved By: Review: Facilities Management Ayoub Al-bahou Additional Reviewer Completed 11/08/2023 11:35 AM Pelican Bay Services Chad Coleman Additional Reviewer Completed 11/08/2023 11:39 AM Engineering and Project Management Matthew McLean Additional Reviewer Completed 11/08/2023 1:09 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 11/15/2023 8:35 AM Facilities Management John McCormick Director - Facilities Completed 11/15/2023 8:36 AM Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 11/16/2023 11:15 AM Community & Human Services Lisa Oien Additional Reviewer Completed 11/16/2023 2:07 PM Procurement Services Sandra Herrera Procurement Director Review Completed 11/17/2023 11:17 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/17/2023 2:29 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/17/2023 2:56 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/17/2023 3:33 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/30/2023 8:48 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/05/2023 2:30 PM Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM 11.B Packet Pg. 633 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D esigningE xcellence Civil Engineering • Planning • Permitting October 2, 2023 Lisa Oien, FCCM, PPA - Procurement Strategist Collier County Procurement Services Division 3295 Tamiami Trail East Bldg. C2 Naples, FL 34112-5361 Re: Design Entity Letter of Recommended Award Solicitation # 23-8096 Pelican Bay New Maintenance Facility Collier County, Florida Dear Lisa: Davidson Engineering, Inc. (EOR) has completed our review of the quotes submitted for the above referenced project and we are pleased to provide the following award recommendation. The scope of the Pelican Bay New Maintenance Facility project includes the demolition and disposal of the existing maintenance facility, construction of approximately 10,000 square feet of a new maintenance building, including a chemical storage accessory building, an equipment storage accessory building, and improvements to the utility/stormwater drainage infrastructure, roadway, and parking lot area Bids were received on July 10, 2023, from the following contractors: • Heatherwood Construction Company • Waypoint Contracting, Inc. • DEC Contracting Group, Inc. • DMR Construction Services, Inc. • Rycon Construction, Inc. Collier County Procurement’s review of the bid tabulations determined that the apparent low bidder is Heatherwood Construction Company with a total base bid + alternates 1-3 of, $5,340,571.00. Davidson Engineering was provided with the bid schedule and the Heatherwood Construction Company bid is approximately 37.4% higher than the Engineer’s Opinion of Probable Construction (OPC) Cost of $3,885,654.52. We believe this is related to a considerable rise in construction materials and limited availability due to the COVID pandemic. Four (4) out of the five (5) references provided by Heatherwood Construction Company completed reference forms attached hereto. The project references provided by Heatherwood Construction Company contain sufficient relevant experience with similar projects to demonstrate the required successful experience to complete the project. Heatherwood Construction Company formed in 2004, active with the State of Florida Division of Corporations and registered with the Florida Department of Business and Professional Regulations as a Construction Business with Walter Mitchell Crawford, IV, as the qualifier of the Certified General Contractor license, both of which registrations are current and active. 11.B.1 Packet Pg. 634 Attachment: 23-8096 DELORA (27211 : Pelican Bay New Maintenance Facility) DELORA Solicitation # 23-8096 Pelican Bay New Maintenance Facility Page 2 of 2 Davidson Engineering has worked successfully with Heatherwood Construction Company on projects located in Collier and Lee County. Based on that experience, the favorable performance reviews provided on the Vendor Reference Logs and its current licensing, it appears that it is a qualified firm to conduct the requested work. We, as the design entity, therefore, recommend that Heatherwood Construction Company be awarded the contract for the Pelican Bay New Maintenance Facility Construction in the amount of $5,340,571.00. Should there be any questions, please feel free to contact our office. Sincerely, Lee Davidson, P.E. Project Manager 11.B.1 Packet Pg. 635 Attachment: 23-8096 DELORA (27211 : Pelican Bay New Maintenance Facility) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8096 Reference Check by: Davidson Engineering, Inc. Solicitation Title: Pelican Bay New Maintenance Facility Date: 9/13/2023: Made Initial Contact 9/18/2023: Contact Made & Reference provided Bidder’s Name: Heatherwood Construction Company Phone: 239-434-6060 Design Entity: REFERENCED PROJECT: Project Name: Estero Country Club Project Location: 19501 Vintage Trace Circle Estero, FL 33967 Project Description: Complete renovation of clubhouse Completion Date: 11/2022 Contract Value: $4,392,530 Project Owner/Title: Estero Country Club, Inc. Owner’s Address: 19501 Vintage Trace Circle Estero, FL 33967 Phone: 239-267-7000 Owner’s Contact Person: Dan Newman, General Manager E-Mail:dnewman@esterocc.com 1.Was project completed timely and within budget? (If not, provide detail) Yes. See additional information provided in #7 below. 2.Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3.Was the construction process performed satisfactorily? (If not, provide detail) Yes 4.Did the process run smoothly? Were there any changes? Describe below. Yes-the process ran smoothly and there were no changes 5.Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6.Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7.Additional comments: They were great to work with and things moved smoothly - we did have delays at the end as items were hard to get due to the pandemic. But I would recommend them. Tocia Hamlin-Rosa, Sr Proj Coord 11.B.1 Packet Pg. 636 Attachment: 23-8096 DELORA (27211 : Pelican Bay New Maintenance Facility) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8096 Reference Check by: Davidson Engineering, Inc. Solicitation Title: Pelican Bay New Maintenance Facility Date: 9/13/2023: Made Initial Contact 9/18/2023: Contact made & reference provided Bidder’s Name: Heatherwood Construction Company Phone: 239-434-6060 Design Entity: REFERENCED PROJECT: Project Name: Hulett Environmental Corporate Office Project Location: 3828 White Lake Blvd. Naples, FL 34117 Project Description: Corporate Headquarters & Warehouse Completion Date: 12/2019 Contract Value: $1,500,000 Project Owner/Title: Hulett Environmental Services Owner’s Address: 3828 White Lake Blvd. Naples, FL 34117 Phone: 239-302-4140 Owner’s Contact Person: Timothy Hulett, President E-Mail:tim@bugs.com 1.Was project completed timely and within budget? (If not, provide detail) Yes 2.Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3.Was the construction process performed satisfactorily? (If not, provide detail) Yes 4.Did the process run smoothly? Were there any changes? Describe below. Yes; No 5.Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6.Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7.Additional comments: They were excellent – 5 Star! Tocia Hamlin-Rosa, Sr Proj Coord 11.B.1 Packet Pg. 637 Attachment: 23-8096 DELORA (27211 : Pelican Bay New Maintenance Facility) REFERENCED PROJECT: VENDOR REFERENCE CHECK LOG Solicita9on No.:23-8096 Reference Check by: Davidson Engineering, Inc. Solicita9on Title:Pelican Bay New Maintenance Facility Date: 9/13/2023: Made Ini:al Contact9/18/2023: Made contact & reference provided Bidder’s Name:Heatherwood Construc9on Company Phone:239-434-6060 Design En9ty: Project Name:Mason Classical Academy Project Loca9on: 2647 Professional Circle Naples, FL 34119 Project Descrip9on:School – Second Floor Renova9on Comple9on Date:12/2022 Contract Value: $2,007,817 Project Owner/Title:Mason Classical Academy, Inc. Owner’s Address: 2647 Professional Circle Naples, FL 34119 Phone:239-880-7584 Owner’s Contact Person:David Hull E-Mail: dhull@masonacademy.co m 1.Was project completed 9mely and within budget? (If not, provide detail) Yes, this project was completed 9mely and within budget. 2.Was the submifal/review process performed sa9sfactorily? (If not, provide detail) Yes, the submi fal/review process was performed sa9sfactorily. 3.Was the construc 9on process performed sa9sfactorily? (If not, provide detail) Yes, the construc 9on process was performed sa9sfactorily. Heatherwood was very professional, efficient, and posi9ve. 4.Did the process run smoothly? Were there any changes? Describe below. The process ran very smoothly. We felt very comfortable working with Heatherwood. Any changes were necessary, and Heatherwood handled all situa9ons well. Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 Tocia Hamlin-Rosa, Sr Proj Coord 11.B.1 Packet Pg. 638 Attachment: 23-8096 DELORA (27211 : Pelican Bay New Maintenance Facility) 5.Was the contract closeout process performed sa9sfactorily? (If not, provide detail) Yes, the contract closeout process was performed sa 9sfactorily. 6.Any warranty issues since closeout? Were they responded to and performed sa9sfactorily? We’ve had no warranty issues since closeout to my knowledge. 7.Addi9onal comments: We were very happy with Heatherwood’s performance and have no complaints! Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 11.B.1 Packet Pg. 639 Attachment: 23-8096 DELORA (27211 : Pelican Bay New Maintenance Facility) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8096 Reference Check by: Davidson Engineering, Inc. Solicitation Title: Pelican Bay New Maintenance Facility Date: 9/13/2023: Made Initial Contact 9/18/2023: Made Contact & Received Reference Bidder’s Name: Heatherwood Construction Company Phone: 239-434-6060 Design Entity: REFERENCED PROJECT: Project Name: Van Otterloo Center for Family Learning Project Location: 3655 Westclox St. Immokalee, FL 34142 Project Description: New 40,000 sf school Completion Date: 12/26/2022 Contract Value: $11,496,565 Project Owner/Title: Guadalupe Center Owner’s Address: 2640 Golden Gate Parkway Suite 205, Naples, FL 34105 Phone: 239-657-7154 Owner’s Contact Person: Dawn Montecalvo, President E-Mail:dmontecalvo@guadalupecenter.org 1.Was project completed timely and within budget? (If not, provide detail) Project was completed within budget with a few delays due to Covid related supply issues. 2.Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3.Was the construction process performed satisfactorily? (If not, provide detail) Yes. They were very attentive to every aspect of the process. 4.Did the process run smoothly? Were there any changes? Describe below. They were very proactive and supportive with a few architectural design challenges and made it work. 5.Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. 6.Any warranty issues since closeout? Were they responded to and performed satisfactorily? No. 7.Additional comments: Tocia Hamlin-Rosa, Sr Proj Coord 11.B.1 Packet Pg. 640 Attachment: 23-8096 DELORA (27211 : Pelican Bay New Maintenance Facility) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8096 Reference Check by: Davidson Engineering, Inc. Solicitation Title: Pelican Bay New Maintenance Facility Date: 9/13/2023: Made Initial Contact – No Response 9/18/2023: 2nd Attempt to Contact – No Resposne 9/20/2023: 3rd Attempt to Contact – No Response Bidder’s Name: Heatherwood Construction Company Phone: 239-434-6060 Design Entity: REFERENCED PROJECT: Project Name: Heritage Landing including Maintenance Facility Project Location: 14500 Heritage Landing Blvd. Punta Gorda, FL 33955 Project Description: Construction of Amenities and Maintenance Facility Completion Date: 9/2022 Contract Value: $4,100,000 Project Owner/Title: Lennar Homes Owner’s Address: 10481 Ben C Pratt Six Mile Cypress Parkway Fort Myers, FL 33966 Phone: 239-278-1177 Owner’s Contact Person: Darin McMurray, Regional Vice President E-Mail:Darin.McMurray@Lennar.com 1.Was project completed timely and within budget? (If not, provide detail) 2.Was the submittal/review process performed satisfactorily? (If not, provide detail) 3.Was the construction process performed satisfactorily? (If not, provide detail) 4.Did the process run smoothly? Were there any changes? Describe below. 5.Was the contract closeout process performed satisfactorily? (If not, provide detail) 6.Any warranty issues since closeout? Were they responded to and performed satisfactorily? Tocia Hamlin-Rosa, Sr Proj Coord 11.B.1 Packet Pg. 641 Attachment: 23-8096 DELORA (27211 : Pelican Bay New Maintenance Facility) Notice of Recommended Award Solicitation: 23-8096 Title: Pelican Bay New Maintenance Facility Due Date and Time: July 10, 2023, at 3:00 PM Respondents: Company Name City County State Base Bid Alternates (4) Total Bid = Base Bid + Alternates 1-3 Responsive/ Responsible Heatherwood Construction Company Bonita Springs Lee FL $4,724,615.00 #1 $8,783.00 #2 $349,273.00 #3 $257,900.00 #4 $60,106.00 $5,340,571.00 Y/Y Waypoint Contracting, Inc. Doral Miami- Dade FL $5,040,000.00 #1 $5,500.00 #2 $380,000.00 #3 $245,000.00 #4 $58,000.00 $5,670,500.00 Y/Y DEC Contracting Group, Inc. Ft. Myers Lee FL $5,999,548.92 #1 $8,888.89 #2 $462,484.67 #3 $391,107.56 #4 $48,950.33 $6,862,030.04 Y/Y DMR Construction Services, Inc. Delray Beach Palm Beach FL $7,114,797.72 #1 $5,244.00 #2 $251,249.06 #3 $148,256.11 #4 $10,000.00 $7,519,546.89 Y/Y Rycon Construction, Inc. Ft. Myers Lee FL $6,193,309.90 #1 $5,067 #2 Nonresponsive #3 Nonresponsive #4 $60,252.05 $6,193,309.90 N/Y Utilized Local Vendor Preference: Yes No N/A Recommended Vendor(s) For Award: On April 26, 2023, the Procurement Services Division issued Construction Invitation to Bid (ITB) No. 23-8096, Pelican Bay New Maintenance Facility, to twenty-four thousand three hundred fifty-three (24,353) vendors. The bid was advertised for a total of seventy-five (75) days to promote competition. One hundred thirteen (113) vendors viewed the bid package and the County received five (5) bids by the July 10, 2023, deadline. The bid incorporates the following: Base Bid for the Pelican Bay New Maintenance Facility Alternate #1 is for Maintenance Facility Alternate HVAC System Alternate #2 is for Accessory Chemical Storage Building Alternate #3 is for Accessory Equipment Storage Building Alternate #4 is for Gravel Yard 11.B.2 Packet Pg. 642 Attachment: 23-8096 - NORA pdf (27211 : Pelican Bay New Maintenance Facility) The award will be made on the Total Base Bid plus selected Alternates (1-3). Staff reviewed the five bids received, and four bidders were deemed responsive and responsible with minor irregularities. Rycon Construction, Inc., was deemed non-responsive for not providing prices for bid alternate line items. Staff determined Heatherwood Construction Company to be the lowest responsive and responsible bidder. Per staff, the basis of award is Total Base Bid plus Alternates #1, #2 and #3. Staff recommends the contract be awarded to Heatherwood Construction Company, the lowest responsive and responsible bidder, for a total bid amount of $5,340,571.00. Contract Driven Purchase Order Driven Required Signatures Project Manager: Procurement Strategist: Procurement Services Director: __________________________________ _________________ Sandra Herrera Date 11.B.2 Packet Pg. 643 Attachment: 23-8096 - NORA pdf (27211 : Pelican Bay New Maintenance Facility) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 10/19/2023 Marsh &McLennan 101 N Starcrest Dr Clearwater FL 33765 727-447-6481 727-449-1267 certificates@bouchardinsurance.com Charter Oak Fire Insurance Co 25615 HEATHERW2 Travelers Property Casualty Co.of Amer 25674HeatherwoodConstructionCompany 8880 Terrene Ct Bonita Springs FL 34135 American Builders Insurance Company 11240 St.Paul Surplus Lines Insurance Compan 30481 421378932 A X 1,000,000 X 300,000 X 5,000 5,000 1,000,000 2,000,000 X Y Y DTCO9S183933COF23 2/1/2023 2/1/2024 2,000,000 A 1,000,000 X X X Y Y BA9S1850602326G 2/1/2023 2/1/2024 B X X 10,000,000YCUP9S18519A23262/1/2023Y 2/1/2024 10,000,000 X 0 C X N Y WCV016560509 2/1/2023 2/1/2024 1,000,000 1,000,000 1,000,000 B D Leased/Rented Equipment Pollution+Professional Liability QT6301T250952TIL23 ZCE41N47304 2/1/2023 2/1/2023 2/1/2024 2/1/2024 $50,000 $1,000,000 Each Occ $2,000,000 Agg NOTICE: If required by written contract,Certificate Holder is an additional insured with respect to General Liability,Umbrella Liability and Auto Liability,subject to the terms,conditions and exclusions of the policies. Coverage with respect to General Liability and Auto Liability is primary and noncontributory. When required by written contract,waiver of subrogation applies in favor of Certificate Holder with respect to General Liability,Auto Liability,Umbrella Liability and Workers Compensation,subject to the terms,conditions and exclusions of the policy. See Attached... COLLIER COUNTY BOARD OF COMMISSIONERS 3295 TAMIAMI TRAIL E NAPLES FL 34112-0000 11.B.4 Packet Pg. 644 Attachment: 23-8096 Insurance_Heatherwood (27211 : Pelican Bay New Maintenance Facility) ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: HEATHERW2 1 1 Marsh &McLennan Heatherwood Construction Company 8880 Terrene Ct Bonita Springs FL 34135 25 CERTIFICATE OF LIABILITY INSURANCE 30 Day Notice of Cancellation applies with respect to General Liability. Umbrella Liability is Follow Form over General Liability,Auto Liability &Employers Liability,subjects to the terms and conditions. Pelican Bay New Maintenance Facility COLLIER COUNTY BOARD OF COMMISSIONERS is listed as an Additional Insured. 11.B.4 Packet Pg. 645 Attachment: 23-8096 Insurance_Heatherwood (27211 : Pelican Bay New Maintenance Facility) POLICY NUMBER: DTCO9S183933COF23 11.B.4 Packet Pg. 646 Attachment: 23-8096 Insurance_Heatherwood (27211 : Pelican Bay New Maintenance Facility) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED – AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II – WHO IS AN (a)The Additional Insured – Owners, Les- INSURED:sees or Contractors – Scheduled Person or Organization endorsement CG 20 10Any person or organization that:07 04 or CG 20 10 04 13, the Additionala.You agree in a written contract or agreement to Insured – Owners, Lessees or Contrac-include as an additional insured on this Coverage tors – Completed Operations endorse-Part; and ment CG 20 37 07 04 or CG 20 37 04 13, b.Has not been added as an additional insured for or both of such endorsements with either the same project by attachment of an endorse-of those edition dates; orment under this Coverage Part which includes (b)Either or both of the following: the Addi-such person or organization in the endorsement's tional Insured – Owners, Lessees or Con-schedule;tractors – Scheduled Person Or Organi-is an insured, but:zation endorsement CG 20 10, or the Ad- ditional Insured – Owners, Lessees ora.Only with respect to liability for "bodily injury" or Contractors – Completed Operations en-"property damage" that occurs, or for "personal dorsement CG 20 37, without an editioninjury" caused by an offense that is committed, date of such endorsement specified;subsequent to the signing of that contract or agreement and while that part of the contract or the person or organization is an additional in-agreement is in effect; and sured only if the injury or damage is caused, in whole or in part, by acts or omissions ofb.Only as described in Paragraph (1),(2)or (3)be- you or your subcontractor in the performancelow, whichever applies: of "your work" to which the written contract or(1)If the written contract or agreement specifical-agreement applies; orly requires you to provide additional insured (3)If neither Paragraph (1)nor (2)above applies:coverage to that person or organization by the use of:(a)The person or organization is an addi- tional insured only if, and to the extent(a)The Additional Insured – Owners, Les- that, the injury or damage is caused bysees or Contractors – (Form B) endorse- acts or omissions of you or your subcon-ment CG 20 10 11 85; or tractor in the performance of "your work"(b)Either or both of the following: the Addi-to which the written contract or agree-tional Insured – Owners, Lessees or Con-ment applies; andtractors – Scheduled Person Or Organi- (b)Such person or organization does notzation endorsement CG 20 10 10 01, or qualify as an additional insured with re-the Additional Insured – Owners, Lessees spect to the independent acts or omis-or Contractors – Completed Operations sions of such person or organization.endorsement CG 20 37 10 01; The insurance provided to such additional insured isthe person or organization is an additional in- subject to the following provisions:sured only if the injury or damage arises out of "your work" to which the written contract or a.If the Limits of Insurance of this Coverage Partagreement applies;shown in the Declarations exceed the minimum (2)If the written contract or agreement specifical-limits required by the written contract or agree- ly requires you to provide additional insured ment, the insurance provided to the additional in- coverage to that person or organization by sured will be limited to such minimum required the use of:limits. For the purposes of determining whether CG D6 04 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 1 of 2 NAMED INSURED: POLICY NUMBER: DTCO9S183933COF23 Heatherwood Construction Co. 11.B.4 Packet Pg. 647 Attachment: 23-8096 Insurance_Heatherwood (27211 : Pelican Bay New Maintenance Facility) COMMERCIAL GENERAL LIABILITY this limitation applies, the minimum limits required result in a claim. To the extent possible, such by the written contract or agreement will be con- notice should include: sidered to include the minimum limits of any Um-(a)How, when and where the "occurrence"brella or Excess liability coverage required for the or offense took place; additional insured by that written contract or (b)The names and addresses of any injuredagreement. This provision will not increase the persons and witnesses; andlimits of insurance described in Section III – Limits (c)The nature and location of any injury orOf Insurance.damage arising out of the "occurrence" orb.The insurance provided to such additional insured offense.does not apply to: (2)If a claim is made or "suit" is brought against(1)Any "bodily injury", "property damage" or the additional insured:"personal injury" arising out of the providing, (a)Immediately record the specifics of theor failure to provide, any professional archi- claim or "suit" and the date received; andtectural, engineering or surveying services, including:(b)Notify us as soon as practicable and see to it that we receive written notice of the(a)The preparing, approving, or failing to claim or "suit" as soon as practicable.prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or-(3)Immediately send us copies of all legal pa- ders or change orders, or the preparing, pers received in connection with the claim or approving, or failing to prepare or ap- "suit", cooperate with us in the investigation prove, drawings and specifications; and or settlement of the claim or defense against the "suit", and otherwise comply with all policy(b)Supervisory, inspection, architectural or conditions.engineering activities. (4)Tender the defense and indemnity of any(2)Any "bodily injury" or "property damage" claim or "suit" to any provider of other insur-caused by "your work" and included in the ance which would cover such additional in-"products-completed operations hazard" un- sured for a loss we cover. However, this con-less the written contract or agreement specifi- cally requires you to provide such coverage dition does not affect whether the insurance for that additional insured during the policy provided to such additional insured is primary period.to other insurance available to such additional insured which covers that person or organiza-c.The additional insured must comply with the fol- tion as a named insured as described in Par-lowing duties: agraph 4., Other Insurance, of Section IV –(1)Give us written notice as soon as practicable Commercial General Liability Conditions.of an "occurrence" or an offense which may Page 2 of 2 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D6 04 02 19 11.B.4 Packet Pg. 648 Attachment: 23-8096 Insurance_Heatherwood (27211 : Pelican Bay New Maintenance Facility) COMM RCI L G NERAL IAB LI YE A E L I T T IS ENDORSEMENT CHANGES T E POLICY. PL ASE READ IT CAREFULLY.H H E XTEND ENDORSEMENT FOR CONTRACTORS Thi e dorseme t m dfie i surance prov ded under he f l o ing:s n n o i s n i t o l w COMM RCI L G NERAL IAB LI Y COVERAG PA TE A E L I T E R GE ERAL D SCRIP ION O CO ERAGE –N E T F V Thi endorsem nt broadens cov rage. Howev r cov rage fo anys e e e , e r i ju y, dama e o me i al ex ense descri ed in any o the provn r g r d c p s b f i ion o th s e dorseme t may bs s f i n n e ex luded orc l mted by anothe endorsem n to this Cov rage Pa t, and the e ci i r e t e r s ov rage broadening prov sions do no ap ly toe i t p the ex en tha cov rage is ex l ded or lim ted by such an ent t t e c u i dorsem n . The folo ing li ti g i a ge t l w s n s eneral cov rage de cript on only Read al the provsions o thi endorse s i . l i f s em nt and the re t o y ur pol cy ca e ulle s f o i r f y to de erm ne r gh s, dut es, and wha i and s not cov red.t i i t i t s i e A.Wh I An Insured – Unnam d Subsid arieo s e i s C.In i ental Medcal Mal racti ec d i p c B.Bla ket Addit onal Insured – Gov rnme taln i e n D.Bla ket Wa v r f Sub ogationn i e O r En it e – Pe mt Or Au ho iza ions Re ati g Tot i s r i s t r t l n E.Co tra tua Liab l ty – Rai roadn c l i i l sOpe atio sr n F.Da a e To Prem se Ren ed o Youm g i s t T P O ISION a.R V S An o ganizat on o he than a pa tnership, jo ntr i t r r i v nture or l m ted liab l ty company; ore i i i iA. WH IS AN INSU ED – UNNAMEDO R b.A rust;tSUBS DIARIESI The fol owing is ad ed tol d SE TION II – WHO ISC a indi a ed in i s nam o the docum n s thas c t t e r e t t AN INSU EDR :gov rn it stru ture.e s c Any o yo r sub idiar e , o her than a pa tnershi ,f u s i s t r p B B ANKET ADD TIONA INSURED –. L I L jo n v nture o lim ted liabil ty com any, that ii t e r i i p s GO E N ENT L EN IT ES – P RMIT OV R M A T I E S R no shown as a Nam d Insured in thet e AU H R ZA I N R L TI G T O E AT O ST O I T O S E A N O P R I N i a am d In ured f:s N e s i The fol owing is ad ed tol d SE TION II – WHO ISCa.Yo are the so e owner o , o ma ntai anu l f r i n AN INSU EDR :ownership intere t o mo e than 50% in, suchs f r Any gov r men al enti y tha ha issued a perm te n t t t s isubsidia y on the fi st day o the pol cy perio ;r r f i d or authoriza ion wit re pe t to ope ationst h s c rand pe fo med by yo or on your behal and that your r u fb.Su h subsidiary i not an in ured undec s s r are required by any o dinance, law, buil ing coder dsi ila o her n urance.m r t i s or written cont act or agreeme t to incl de a anr n u s No such subsidiary i a insured fo "bodily inju ys n r r "addi ional i sured on thi Cov rage Pa t is at n s e r n or "property dama e" tha o curred, o "perso al i sured, but only wi h re pg t c r n n t s e t to liabi i y fo "bodilyc l t r i ju y", "prope ty dam ge" or "perso al andn r r a nand a v rt sing i ju y" caused by an o fe sed e i n r f n adv rti ing inj ry" ari ing ou o uch operatio s.e s u s t f s ncom i ted:mt The in uran e prov ded to such gov r men als c i e n ta.Be o e you ma ntai ed an ownership intere tf r i n s en ity doe not apply o:t s to mo e than 50% i such ub idiary; orf r n s s a.Any "bodi y inju y , "property dama e ol r " g " rb.Af e the date, i any duri g the poli y periot r f , n c d "pe sonal and adv rti ing injury" a i ing o t or e s r s u fthat yo no longer ma ntain a ownershiu i n p operatio s perfo m d fo the gov r men aln r e r e n ti tere t o ore han 50% n such subsi ia y.n s f m t i d r en ity ort ;Fo purpose o Pa agraphr s f r 1.o Se tionf c II – Who b.Any "bodily inj ry or "property dam geu " a "Is An Insured, ea h such subsidiary wil bec l i clu ed in the "products-co ple edn d m tdeem d to e de ignated in the Declarat on a :e b s i s s operatio s hazard".n CG 3 16 02 9D 1 © 2017 The T avelers Indemnit Company. All rightsr y reserved.Pa e 1 o 3g f Includes copyrighted material of Insurance Services Of ice, Inc., with its permission.f Declarations Named Insured: Heatherwood Construction Co. Policy Number: DTCO9S183933COF23 11.B.4 Packet Pg. 649 Attachment: 23-8096 Insurance_Heatherwood (27211 : Pelican Bay New Maintenance Facility) COMM RCI L G NERAL IAB LI YE A E L I T C. IN IDEN AL ED CAL ALPRACTI EC T M I M C pharma eut cal co m t ed by o wi h thec i s m i t , r t k owledge o co sent o , the n uredn r n f i s .1.The fo lo i g repla e Pa agraphl w n c s r b.o thef de i i ion o "o cur en e in thef n t f c r c "5.The fol owing i a ded to thel s d D FIN TIONE I S D FIN TIONE I S Se tion:c Se tio :c n b.An a t o om ssio com i ted i prov dinc r i n mt n i g "In i ental m dcal se v ce " m a s:c d e i r i s e n or fa l ng to prov de "incidental me icai i i d l a.Medcal surgi al dental laborato y, x rayi , c , , r -se v ce ", fi st a d o "Good Sam rtanr i s r i r a i or nur ing se vce or treatm n , advce os r i e t i rse v ce " to a person, unle s yo are ir i s s u n i struction o the related fur i hi g on , r n s n fthe busine s or o cupat on o prov dins c i f i g fo d or bev rages; oro epro e sional hea th a e se vce .f s l c r r i s b.The furni hing o di pensing o dru s os r s f g r2.The fo lowi g rep a es the la t paragraph ol n l c s f m dcal dental o surgi al supplie oe i , , r c s rPa ag aphr r 2. .(1)a of SECTI N II – WHO ISO appl a ce .i n sAN INSU EDR : 6.The fol o ing i added to Parag aphl w s r 4.b.,Unle s yo a e in the business or o cupatios u r c n Ex ess In urancec s , of SE TION IV –Co prov di g pro e sional healt ca e se v ce ,f i n f s h r r i s Pa ag aphsr r (1) a)(,(b),(c)and (d)abov doe CO MERCIAL GENE AL LIABI ITM R L Y COND T ONI I Snot apply to :"bodily injury" arising out of prov din o ai ing o rov de:i g r f l t p i Thi i surance i ex e s ov r any v li ans n s c s e a d d (a)"In i ental me ica se v ce " by any oc d d l r i s f col e ti le othe in urance whether prim ry,l c b r s , a y ur "em loyee " who is a nu se, nurseo p s r ex e s, conti gent o on any other ba is, thatc s n r s a sistant, em rgen y me i al techni ias e c d c c n i av ilab e to any o your "em loy es" fos a l f p e r or arame ic; orp d "bo ily injury that ari e ou o prov ding od " s s t f i r fa l n to prov de "i cidental medi al servce "i i g i n c i s(b)F rst ai or "Good Sama itan se v ce " byi d r r i s a y o y u "em loyee " o " to any perso to the ex ent notn f o r p s r n t subje t tocv lunteero Pa ag aphr r 2.a. 1)(o Se t onf c i II – Who Is Anworkers", other than an employed or v lunteer do tor. Any such "em loyee "o c p s In ured.s or "v lu teer wo kers" prov ding o fa l ngo n r i r i i D B ANKET WAIVER O SUB O ATION. L F R Gto prov de fi st aid or "Good Sama i ani r r t The fo lowing is a ded to Paragraphl d 8.,Tra sfen rse v ce " during thei work hou s fo your i s r r r O Righ s O Reco ery Agai st O hers To Usf t f v n t ,wil be deem d to be a t ng wi hin thel e c i t of SE TION IV – CO MERCIAL GENERALC Msco e o thei em loym nt by yo op f r p e u r pe fo m n dutie rela ed to the co du tr r i g s t n c L ABI I Y CO D T ONI L T N I I S : o yo r busine s.f u s If the insured has a ree in a cont act og d r r 3.The fo lo i g repla e the la t se tence ol w n c s s n f ag ee ent to waiv that i sured' righ or m e n s t f Pa ag aphr r 5.of SE TION III – LIMITS OC F re ov ry against any person o o gan zat on, wec e r r i i INSU AN ER C :waiv our right o e ov ry again t uch pe son oe f r c e s s r r organi ation, but only fo pay ents we ma ez r m kFo the purpo e o dete m nin ther s s f r i g be ause o :c fappl cable Ea h Occurrence Lim t, al relatedi c i l a t or omssions com i ted i prov di g oc s i mt n i n r a."Bo ily i ju y" o "property dam ge" thatd n r r a fa l n to prov de "inci ental me icai i g i d d l o curs; oc rse v ce ", fi st a d o "Good Sam rtanr i s r i r a i b."Pe so al and adv rti ing inj ry" ca sed byr n e s u use v ce " to any one perso wil be deeme tor i s n l d an o fe se hat i com it edf n t s m t ;be one "o currence".c 4.The fo lowi g ex lu ion i added to subsequent to the ex cution o thel n c s s e f cont a t or c r Pa ag aphr r 2.,Exclus oni s , of SE TION I –C ag ee ent.r m CO ERAGES – CO ERAGE A – BODI YV V L E. CON RACTUAL IABILIT – RAIL OADT L Y R SINJU Y AND P OP RT DAMAGER R E Y L ABI I YI L T :1.The fol o ing repla e Pa agraphl w c s r c.o thef de i i ion o "insured cont act" i thef n t f r nSa e O Ph rmaceu icalsl f a t D FIN TIONE I S Se tion:c"Bo ily inju y or "property dama e" ari ingd r " g s ou o the v ola ion o a penal stat te ot f i t f u r c.Any ea em nt or l cense agreem nt;s e i e ordi ance rela i g to the sale on t n f Pa e 2 o 3g f © 2017 The T avelers Indemnit Company. All rightsr y reserved.CG 3 16 02 9D 1 Includes copyrighted material of nsurance Services Of iceI f , Inc., with its permission. 11.B.4 Packet Pg. 650 Attachment: 23-8096 Insurance_Heatherwood (27211 : Pelican Bay New Maintenance Facility) COMM RCI L G NERAL IAB LITYE A E L I 2.Pa ag aphr r f. 1)(o the de init o o "i suredf f i n f n a.Any prem se whi e rented to yo oi s l u r cont a t i ther c " n D FIN TIONE I S Se tion is tem ora i y o cupied by you wi h pe m ssionc p r l c t r i de eted.o he owne ; orlf t r F DAMAGE TO P EMISE EN ED TO YOU b. R S R T .The co tent o any premi e whi e suchn s f s s l prem se i rented to yo , i y u rent suchi s s u f oThe fol owing repla e the de i ition o "prem sel c s f n f i s prem se fo a period o sev n or fewei s r f e rdama e in heg " t DEF NIT ONSI I Se tionc :conse utiv day .c e s"Pre i e dama e m a s "property dama e" to:m s s g " e n g CG 3 16 02 9D 1 © 2017 The T avelers Indemnit Company. All righ sr y t reserved.Pa e 3 o 3g f Includes copyrighted material of nsurance Services Of iceI f , Inc., with its permission. 11.B.4 Packet Pg. 651 Attachment: 23-8096 Insurance_Heatherwood (27211 : Pelican Bay New Maintenance Facility) XNPPVLXRZQ ZIJN FQPG TKUJHGTLTKF VQXKRTG FQT IJMPVAb IMTXGT HTXU PF VXHTSEMMAb WEGPKTGG XEFJ TBFTKGPJK TKUJHGTLTKF SMJHPUX J>=2 A7B632A8A71 86B=@=A2 =7203E7CA 536/=BAB 07BA3 1>A @6996.=7?\ YIKROVKK ZIJN XNHVLZTV UNLP G=1> 3A25AC1 16 C6/A3E?A 536/=BAB D, 1>=2 A7B632A8A71h 1>A 536/=2=672 6@ 1>A X6/A3E?A U638 E559, 079A22 86B=@=AB D, 1>A A7B632A8A71f RT THXM UTG HPI PJK JS VJ THXRTK V F D J>=2 A7B632A8A71 D36EBA72 C6/A3E?Af S6.A/A3h C6/A3E?A @63 E7, =7<03,h BE8E?A 63 8AB=CE9 A-5A72A2 BA2C3=DAB =7 E7, 6@ 1>A 536/=2=672 6@ 1>=2 A7B632A8A71 8E, DA A-C90BAB 63 9=8=1AB D, E761>A3 A7B632A8A71 16 1>A X6/A3E?A ME31h E7B 1>A2A C6/A3E?A D36EBA7=7? 536/=2=672 B6 761 E559, 16 1>A A-1A71 1>E1 C6/A3E?A =2 A-C90BAB 63 9=8=1AB D, 20C> E7 A7B632A8A71f J>A @6996.=7? 9=21=7? =2 E ?A7A3E9 C6/A3E?A BA2C3=51=67 679,f Q=8=1E1=672 E7B A-C902=672 8E, E559, 16 1>A2A C6/A3E?A2f LAEB E99 1>A 536/=2=672 6@ 1>=2 A7B632A8A71 E7B 1>A 3A21 6@ ,603 569=C, CE3A@099, 16 BA1A38=7A 3=?>12h B01=A2h E7B .>E1 =2 E7B =2 761 C6/A3ABf Xb WHJ U J L KXLTU PKG HTU Q QP TU XE J IQ GP XM UXLXRTX S H E b H F A V MJGG JS E TG PKVHTXGTU MPLPF W WMXKNTF UUPFP KXM KGEHTU Pb IQ GP XM UXLXRTb X J P A V FHXKGIJHFXFPJK TBI KGTGT PKVHTXGTU MPLPF Vb TLIMJATT QPHTU XEFJ Ob ITHGJKXM TSSTVFG Uf TLIMJATTG XG PKGEHTU Nb XPHWXRG Tb GEIIM LTK XHA IXALTK GT F F PKVHTXGTU Mb KJFPVT XKU NKJCMTURT JS XVVPUTKF JH MPLPFG MJGG S Q HTU XE Jb P F MPLPFTU CJHMUCPUT Lb WMXKNTF CXPDTH JS GEWHJRXFPJK VJ THXRTD PKUTLKPFA WXGPG Rb CXPDTH J U UEVF W TS T P M RMXGG Kb EKPKFTKFPJKXM THHJHG JH JLPGGPJKG IHJDPGPJKG J>=2 =7C90BA2 E7, 5A3267 63 63?E7=+E1=67 .>6 ,60Xb WHJXU SJHL KXLTU PKGEHTU E3A 3A40=3AB 07BA3 E .3=11A7 C6713EC1 63 J>A @6996.=7? =2 EBBAB 16 ME3E?3E5>Xb‘bh C83 P0 E?3AA8A71 DA1.AA7 ,60 E7B 1>E1 5A3267 63 X4 P40.1<=h 6@ GT FP K PPV J MPXWPMPFA 63?E7=+E1=67h 1>E1 =2 2=?7AB D, ,60 DA@63A 1>A VJDTHXRT \nD6B=9, =7<03,n 63 n5365A31, BE8E?An 6CC032 E7B 1>E1 =2 =7 A@@AC1 B03=7? 1>A 569=C, 5A3=6Bh 16 7E8AZ7, 63?E7=+E1=67 ,60 7A.9, EC40=3A 63 @638 E2 E7 EBB=1=67E9 =7203AB @63 Q=ED=9=1, X6/A3E?AhB03=7? 1>A 569=C, 5A3=6B 6/A3 .>=C> ,60 8E=71E=7 D01 679, @63 BE8E?A2 16 .>=C> 1>=2 =7203E7CA‘el 63 863A 6.7A32>=5 =71A3A21 E7B 1>E1 =2 761 E559=A2 E7B 679, 16 1>A A-1A71 6@ 1>E1 5A3267k2 632A5E3E1A9, =7203AB @63 Y02=7A22 Z016 X6/A3E?Af 63?E7=+E1=67k2 9=ED=9=1, @63 1>A C67B0C1 6@ E761>A3X6/A3E?A 07BA3 1>=2 536/=2=67 =2 E@@63BAB 679,n=7203ABnf071=9 1>A d]e1> BE, E@1A3 ,60 EC40=3A 63 @638 1>A Vb TLIMJATT QPHTU XEFJ63?E7=+E1=67 63 1>A A7B 6@ 1>A 569=C, 5A3=6Bh .>=C>A/A3 =2 AE39=A3f ‘b J>A @6996.=7? =2 EBBAB 16 ME3E?3E5>Xb‘bh C83 P0 X4 P40.1<=h 6@ GTVFP K PPJWb WMXKNTF XUUPFPJKXM PKGEHTU MPXWPMPFA VJDTHXRT \ J>A @6996.=7? =2 EBBAB 16 ME3E?3E5>>b =7 Xb‘bh Z7 nA8596,AAn 6@ ,6032 =2 E7 n=7203ABn .>=9AC83 P0 X4 P40.1<=h 6@ GTVF JK PPP MPXWPMPFA 65A3E1=7? E7 nE016n >=3AB 63 3A71AB 07BA3 EVJDTHXRT\C6713EC1 63 E?3AA8A71 =7 1>E1 nA8596,AAk2n VX S_ ‘Y aZ ‘[# _a‘^ XQT XJWFTOTJI [MUTNMPHD \LNKWMDb ]OO JPRQHI JTITJFTUb ME?A d 6@ a [MVOGUTI VLKDJPRQHTU NWHTJPWO LS [MIGJWMVT YTJFPVTI ZSSPVTc [MVb EPHQ PHI KTJNPIIPLM NAMED INSURED: POLICY NUMBER: Heatherwood Construction Co. BA9S1850602326G 11.B.4 Packet Pg. 652 Attachment: 23-8096 Insurance_Heatherwood (27211 : Pelican Bay New Maintenance Facility) XNPPVLXRZQ ZIJN 7E8Ah .=1> ,603 5A38=22=67h .>=9A 5A3@638=7? I7=1AB K1E1A2 6@ Z8A3=CE E559=A2 16 E7B 536>=D=12 1>A 13E72EC1=67 6@ D02=7A22 .=1> 63B01=A2 3A9E1AB 16 1>A C67B0C1 6@ ,603 .=1>=7 20C> C60713, 63 <03=2B=C1=67h @63 Q=ED=9=1,D02=7A22f X6/A3E?A @63 E7, C6/A3AB nE016n 1>E1 ,60_b J>A @6996.=7? 3A59ECA2 ME3E?3E5>?b =7 Wb\bh 9AE2Ah >=3Ah 3A71 63 D6336. .=1>601 E B3=/A3 @63J/8<1 P40.1@4><h 6@ GTVF J PDP K E 5A3=6B 6@ be BE,2 63 9A22 E7B 1>E1 =2 761 E7WEGPKTGG XEFJ VJKUPFPJKG \nE016n ,60 9AE2Ah >=3Ah 3A71 63 D6336. @368 ?b U63 S=3AB Z016 M>,2=CE9 WE8E?A E7, 6@ ,603 nA8596,AA2nh 5E317A32 j=@ ,60 E3A X6/A3E?Ah 1>A @6996.=7? E3A BAA8AB 16 DA E 5E317A32>=5ih 8A8DA32 j=@ ,60 E3A E 9=8=1AB C6/A3AB nE0162n ,60 6.7\9=ED=9=1, C685E7,i 63 8A8DA32 6@ 1>A=3 >602A>69B2fe‘d Z7, C6/A3AB nE016n ,60 9AE2Ah >=3Ah 3A71 63 D6336.[ E7B e@d G=1> 3A25AC1 16 E7, C9E=8 8EBA 63 n20=1n e_d Z7, C6/A3AB nE016n >=3AB 63 3A71AB D,D360?>1 6012=BA 1>A I7=1AB K1E1A2 6@ ,603 nA8596,AAn 07BA3 E C6713EC1 =7 Z8A3=CEh 1>A 1A33=163=A2 E7B 5622A22=672 1>E1 =7B=/=B0E9 nA8596,AAk2n 7E8Ah 6@ 1>A I7=1AB K1E1A2 6@ Z8A3=CEh M0A316.=1> ,603 5A38=22=67h .>=9A L=C6 E7B XE7EBE\5A3@638=7? B01=A2 3A9E1AB 16 1>A e7d F60 8021 E33E7?A 16 BA@A7B 1>AC67B0C1 6@ ,603 D02=7A22f n=7203ABn E?E=721h E7B =7/A21=?E1A 63S6.A/A3h E7, nE016n 1>E1 =2 9AE2ABh >=3ABh 2A119A E7, 20C> C9E=8 63 n20=1n E7B3A71AB 63 D6336.AB .=1> E B3=/A3 =2 761 E ;AA5 02 EB/=2AB 6@ E99 536CAAB=7?2C6/A3AB nE016nf E7B EC1=672fUb TLIMJATTG XG PKGEHTU e77d OA=1>A3 ,60 763 E7, 61>A3 =7/69/ABJ>A @6996.=7? =2 EBBAB 16 ME3E?3E5>Xb‘bh C83 P0 n=7203ABn .=99 8E;A E7, 2A119A8A71X4 P40.1<=h 6@ GTVF J PPP K MPXWPMPFA .=1>601 603 C672A71fVJDTHXRT\ Z7, nA8596,AAn 6@ ,6032 =2 E7 n=7203ABn .>=9A e777d GA 8E,h E1 603 B=2C3A1=67h 5E31=C=5E1A 02=7? E C6/A3AB nE016n ,60 B67k1 6.7h >=3A 63 =7 BA@A7B=7? 1>A n=7203ABn E?E=721h 63 D6336. =7 ,603 D02=7A22 63 ,603 5A3267E9 E@@E=32f =7 1>A 2A119A8A71 6@h E7, C9E=8 63 n20=1nfTb GEII TLTK XHA IXALTK GM F F PKVHTXGTU MPLPFG e7-d GA .=99 3A=8D032A 1>A n=7203ABn @63 ‘b J>A @6996.=7? 3A59ECA2 ME3E?3E5>Xb_b@be_dh 2082 1>E1 1>A n=7203ABn 9A?E99, 8021 6@ GTVFP K PJ P MPXWPMPFA VJDTHXRT \5E, E2 BE8E?A2 DACE02A 6@ nD6B=9, =7<03,n 63 n5365A31, BE8E?An 16 .>=C>e_d I5 16 mbheee @63 C621 6@ DE=9 D67B2 j=7C90B=7? D67B2 @63 3A9E1AB 13E@@=C 9E. 1>=2 =7203E7CA E559=A2h 1>E1 1>A /=69E1=672i 3A40=3AB DACE02A 6@ E7 n=7203ABn 5E,2 .=1> 603 C672A71h D01 nECC=BA71n .A C6/A3f GA B6 761 >E/A 16 679, 05 16 1>A 9=8=1 BA2C3=DAB =7 @037=2> 1>A2A D67B2f ME3E?3E5>Vbh Q=8=1 N@ R7203E7CAh 6@ KVXJRNO PP QRZYRQRJF_b J>A @6996.=7? 3A59ECA2 ME3E?3E5>Xb_b@be]dh XNHVLZTV[6@ GTVFP K PJ P MPXWPMPFA VJDTHXRT \ e-d GA .=99 3A=8D032A 1>A n=7203ABn @63 1>Ae]d Z99 3AE267ED9A A-5A72A2 =7C033AB D, 1>A 3AE267ED9A A-5A72A2 =7C033AB .=1>n=7203ABn E1 603 3A40A21h =7C90B=7? EC10E9 603 C672A71 @63 ,603 =7/A21=?E1=67 6@9622 6@ AE37=7?2 05 16 m‘ee E BE,20C> C9E=82 E7B ,603 BA@A72A 6@ 1>ADACE02A 6@ 1=8A 6@@ @368 .63;f n=7203ABn E?E=721 E7, 20C> n20=1nh D01S Q HTU XE Jb P F MPLPFTU CJHMUCPUT 679, 05 16 E7B =7C90BAB .=1>=7 1>AVJ THXRTD PKUTLKPFA WXGPG 9=8=1 BA2C3=DAB =7 ME3E?3E5>Vb h Q=8=1 J>A @6996.=7? 3A59ECA2 K0D5E3E?3E5>e\d =7 N@ R7203E7CAh 6@ KVXJRNO PP ME3E?3E5>Wb[bh I367>+ I<173=c V3-<1@9<QRZYRQRJF XNHVLZTVh E7B 761 =7 F<117/31+h 6@ GTVF JK PDP WEGPKTGG XEFJ EBB=1=67 16 20C> 9=8=1f N03 B01, 16 VJKUPFPJKG \ 8E;A 20C> 5E,8A712 A7B2 .>A7 .A >E/A 02AB 05 1>A E559=CED9A 9=8=1 6@e\d Z7,.>A3A =7 1>A .639Bh A-CA51 E7, C60713, 63 =7203E7CA =7 5E,8A712 @63 BE8E?A2h<03=2B=C1=67 .>=9A E7, 13EBA 2E7C1=67h 2A119A8A712 63 BA@A72A A-5A72A2fA8DE3?6h 63 2=8=9E3 3A?09E1=67 =8562AB D, 1>A ME?A c 6@ a # _a‘^ XQT XJWFTOTJI [MUTNMPHD \LNKWMDb ]OO JPRQHI JTITJFTUb VX S_ ‘Y aZ ‘[ [MVOGUTI VLKDJPRQHTU NWHTJPWO LS [MIGJWMVT YTJFPVTI ZSSPVTc [MVb EPHQ PHI KTJNPIIPLM 11.B.4 Packet Pg. 653 Attachment: 23-8096 Insurance_Heatherwood (27211 : Pelican Bay New Maintenance Facility) XNPPVLXRZQ ZIJN e?d J>=2 =7203E7CA =2 A-CA22 6/A3 E7, /E9=B GA .=99 5E, 05 16 m‘e 5A3 BE, 16 E 8E-=808 6@ E7B C699AC1=D9A 61>A3 =7203E7CA E/E=9ED9A mdh‘ee @63 1A8563E3, 13E725631E1=67 A-5A72A 16 1>A n=7203ABn .>A1>A3 53=8E3,h A-CA22 =7C033AB D, ,60 DACE02A 6@ 1>A 161E9 1>A@1 6@ E C671=7?A71 63 67 E7, 61>A3 DE2=2f C6/A3AB nE016n 6@ 1>A 53=/E1A 5E22A7?A3 1,5Af e>d Ob ITHGJKXM TSSTVFG J>=2 =7203E7CA =2 761 E 20D21=101A @63 3A40=3AB 63 C68509263, =7203E7CA =7 E7,J>A @6996.=7? =2 EBBAB 16 ME3E?3E5>Xb]bh C60713, 6012=BA 1>A I7=1AB K1E1A2h =12 V3-<1@9< T,/<407340h 6@ GT F J PPPV P K 1A33=163=A2 E7B 5622A22=672h M0A316 L=C6 IQAGPVXM UXLXRT VJDTHXRT \ E7B XE7EBEf I<1034@6 T;;<>/0 F60 E?3AA 16 8E=71E=7 E99 3A40=3AB 63 GA .=99 5E, 05 16 maee @63 n9622n 16 .AE3=7?C68509263, =7203E7CA =7 E7, 20C>E55E3A9 E7B 61>A3 5A3267E9 A@@AC12 .>=C> E3A\C60713, 05 16 1>A 8=7=808 9=8=12 3A40=3AB e‘d N.7AB D, E7 n=7203ABn[ E7BD, 96CE9 9E.f F603 @E=903A 16 C6859, .=1> C68509263, =7203E7CA 3A40=3A8A712 .=99 e_d R7 63 67 ,603 C6/A3AB nE016nf 761 =7/E9=BE1A 1>A C6/A3E?A E@@63BAB D,J>=2 C6/A3E?A E559=A2 679, =7 1>A A/A71 6@ E 161E9 1>=2 569=C,h D01 .A .=99 679, DA 9=ED9A 16 1>A 1>A@1 6@ ,603 C6/A3AB nE016nf 2E8A A-1A71 .A .609B >E/A DAA7 9=ED9A O6 BAB0C1=D9A2 E559, 16 1>=2 MA3267E9 V@@AC12>EB ,60 C6859=AB .=1> 1>A C68509263,C6/A3E?Af=7203E7CA 3A40=3A8A712f Nb XPHWXRGe=d R1 =2 07BA32166B 1>E1 .A E3A 761 E7 J>A @6996.=7? =2 EBBAB 16 ME3E?3E5>Wb^bhEB8=11AB 63 E01>63=+AB =7203A3 6012=BA 1>A T,>6.07340h 6@ GT FP K PPPV J IQAGPVXMI7=1AB K1E1A2 6@ Z8A3=CEh =12 1A33=163=A2 UXLXRT VJDTHXRT \E7B 5622A22=672h M0A316 L=C6 E7B V-C902=67 ^b@b B6A2 761 E559, 16 n9622n 16 67A 63XE7EBEf GA E2208A 76 3A25672=D=9=1, @63 863A E=3DE?2 =7 E C6/A3AB nE016n ,60 6.7 1>E11>A @037=2>=7? 6@ CA31=@=CE1A2 6@ =7203E7CAh =7@9E1A B0A 16 E CE02A 61>A3 1>E7 E CE02A 6@ n9622n63 @63 C6859=E7CA =7 E7, .E, .=1> 1>A 2A1 @631> =7 ME3E?3E5>2 Xb‘b?b E7B Xb‘b>bh D019E.2 6@ 61>A3 C60713=A2 3A9E1=7? 16 679,\=7203E7CAf @b R@ 1>E1 nE016n =2 E C6/A3AB nE016n @63 Rb CXP T J UTUEVFP MD H S W T RMXGG X6853A>A72=/A X6/A3E?A 07BA3 1>=2 569=C,[ J>A @6996.=7? =2 EBBAB 16 ME3E?3E5>Ubh ?b J>A E=3DE?2 E3A 761 C6/A3AB 07BA3 E7, U<=.>/7?6<h 6@ GT FP K PPPV J IQAGPVXM .E33E71,[ E7B UXLXRT VJDTHXRT \>b J>A E=3DE?2 .A3A 761 =71A71=67E99, =7@9E1ABf O6 BAB0C1=D9A E559=A2 07BA3 K5AC=@=AB XE02A2 6@ GA .=99 5E, 05 16 E 8E-=808 6@ mdheee @63 E7,Q622 63 X6853A>A72=/A C6/A3E?A @63 n9622n 16 67A n9622nf?9E22 02AB =7 1>A .=7B2>=A9Bf Mb KJFPVT XKU NKJCMTURT JS XVVPUTKF JHQ Q HTU XEFJ IQ GPVXM UXLXRTb P A MJGG JS MJGGE TG PKVHTXGTU MPLPF J>A @6996.=7? =2 EBBAB 16 ME3E?3E5>Xb_b@bh 6@J>A @6996.=7? 3A59ECA2 1>A 9E21 2A71A7CA 6@ GT FP K PDV J WEGPKTGG XEFJ VJKUPFPJKG \ME3E?3E5>Xb]b?bh M300 J; E0< T,2<40<0 h 6@ F603 B01, 16 ?=/A 02 63 603 E01>63=+ABGT FP K PPPV J IQAGPVXM UXLXRT 3A53A2A71E1=/A 536851 761=CA 6@ 1>A nECC=BA71n 63VJDTHXRT\ n9622n E559=A2 679, .>A7 1>A nECC=BA71n 63 n9622n =2S6.A/A3h 1>A 8621 .A .=99 5E, @63 E7, A-5A72A2 ;76.7 16\@63 9622 6@ 02A =2 m_‘ 5A3 BE,h 16 E 8E-=808 6@ e@d F60 j=@ ,60 E3A E7 =7B=/=B0E9i[m^‘e @63 E7, 67A nECC=BA71nf e?d Z 5E317A3 j=@ ,60 E3A E 5E317A32>=5i[Pb IQ GP XM UXLXRTA V FHXKGIJHFXFPJK TBI K TGT G PKVHTXGTU MPLPF e>d Z 8A8DA3 j=@ ,60 E3A E 9=8=1AB 9=ED=9=1, C685E7,i[J>A @6996.=7? 3A59ECA2 1>A @=321 2A71A7CA =7 ME3E?3E5>Xb]b@bh F1@40231/@/734 T,2<40<0 h 6@ e=d Z7 A-AC01=/A 6@@=CA3h B=3AC163 63 =7203E7CA GT FP K PPPV J IQAGPVXM UXLXRT 8E7E?A3 j=@ ,60 E3A E C63563E1=67 63 61>A3 VJDTHXRT \63?E7=+E1=67i[ 63 VX S_ ‘Y aZ ‘[# _a‘^ XQT XJWFTOTJI [MUTNMPHD \LNKWMDb ]OO JPRQHI JTITJFTUb ME?A b 6@ a [MVOGUTI VLKDJPRQHTU NWHTJPWO LS [MIGJWMVT YTJFPVTI ZSSPVTc [MVb EPHQ PHI KTJNPIIPLM 11.B.4 Packet Pg. 654 Attachment: 23-8096 Insurance_Heatherwood (27211 : Pelican Bay New Maintenance Facility) XNPPVLXRZQ ZIJN e<d Z7, nA8596,AAn E01>63=+AB D, ,60 16 ?=/A 20C> C6713EC1f J>A .E=/A3 E559=A2 679, 16 1>A 761=CA 6@ 1>A nECC=BA71n 63 n9622nf 5A3267 63 63?E7=+E1=67 BA2=?7E1AB =7 20C> C6713EC1fLb WMXKNTF CXPDTH JS GEWHJRXFPJK Kb EKPKFTKFPJKXM THHJHG JH JLPGGPJKGJ>A @6996.=7? 3A59ECA2 ME3E?3E5>Xb\bh F1@40;<1 J; H798/0 J; H<>3-<1+ X9@740/ J/8<10 F3 E0 h 6@ J>A @6996.=7? =2 EBBAB 16 ME3E?3E5>Wb_bh GT FP K PDV J WEGPKTGG XEFJ VJKUPFPJKG \V34><@65<4/c L701<21<0<4/@/734c J1 S1@.=h 6@ GT FP K PV J D WEGPKTGG XEFJ VJKUPFPJKG \\b F1@40;<1 J; H798/0 J; H<>3-<1+ X9@740/ J/8<10 F3 E0 J>A 07=71A71=67E9 68=22=67 6@h 63 07=71A71=67E9 A3363 =7h E7, =7@638E1=67 ?=/A7 D, ,60 2>E99 761GA .E=/A E7, 3=?>1 6@ 3AC6/A3, .A 8E, >E/A 53A<0B=CA ,603 3=?>12 07BA3 1>=2 =7203E7CAfE?E=721 E7, 5A3267 63 63?E7=+E1=67 16 1>A S6.A/A3 1>=2 536/=2=67 B6A2 761 E@@AC1 603 3=?>1 16A-1A71 3A40=3AB 6@ ,60 D, E .3=11A7 C6713EC1 2=?7AB E7B A-AC01AB 53=63 16 E7, nECC=BA71n C699AC1 EBB=1=67E9 53A8=08 63 A-A3C=2A 603 3=?>1 6@ 63 n9622nh 536/=BAB 1>E1 1>A nECC=BA71n 63 n9622n CE7CA99E1=67 63 767g3A7A.E9f E3=2A2 601 6@ 65A3E1=672 C671A859E1AB D, ME?A a 6@ a # _a‘^ XQT XJWFTOTJI [MUTNMPHD \LNKWMDb ]OO JPRQHI JTITJFTUb VX S_ ‘Y aZ ‘[ [MVOGUTI VLKDJPRQHTU NWHTJPWO LS [MIGJWMVT YTJFPVTI ZSSPVTc [MVb EPHQ PHI KTJNPIIPLM 11.B.4 Packet Pg. 655 Attachment: 23-8096 Insurance_Heatherwood (27211 : Pelican Bay New Maintenance Facility) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION ON WHOSE BEHALF YOU ARE REQUIRED TO OBTAIN THIS WAIVER OF OUR RIGHT TO RECOVER FROM UNDER A WRITTEN CONTRACT OR AGREEMENT. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No Endorsement No. Insured Premium $ Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. NAMED INSURED: Heatherwood Construction POLICY NUMBER: WCV016560509 11.B.4 Packet Pg. 656 Attachment: 23-8096 Insurance_Heatherwood (27211 : Pelican Bay New Maintenance Facility) Notices Issued:24,353 Packages Viewed:113 Submittals:5 Line No.Description Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Mobilization/ General Conditions 1 LS $730,790.86 730,790.86$ $355,800.00 355,800.00$ $403,939.81 403,939.81$ $852,825.25 852,825.25$ $952,610.64 952,610.64$ $400,000.00 400,000.00$ 2 Geotechnical Testing 1 LS $4,910.00 4,910.00$ $23,150.00 23,150.00$ $27,004.33 27,004.33$ $37,217.40 37,217.40$ $12,500.00 12,500.00$ $44,217.30 44,217.30$ 3 NPDES Pollution Prevention and Monitoring 1 LS $13,275.00 13,275.00$ $20,385.00 20,385.00$ $3,938.13 3,938.13$ $25,733.38 25,733.38$ $15,600.00 15,600.00$ $10,680.00 10,680.00$ Total General Requirements 748,975.86$ Total General Requirements 399,335.00$ Total General Requirements 434,882.27$ Total General Requirements 915,776.03$ Total General Requirements 980,710.64$ Total General Requirements 454,897.30$ 4 Survey Stake-out/ Survey As-built 1 LS 38,920.00$ 38,920.00$ 29,700.00$ 29,700.00$ 41,001.58$ 41,001.58$ 15,431.00$ 15,431.00$ Included in Line # 7 Included in Line # 7 29,612.15$ 29,612.15$ 5 Private Utility Locates/ Potholing 1 LS included in line 7 included in line 7 3,500.00$ 3,500.00$ 11,251.81$ 11,251.81$ 32,722.00$ 32,722.00$ Included in Line # 7 Included in Line # 7 10,496.11$ 10,496.11$ 6 Demolition and Disposal 1 LS 116,591.19$ 116,591.19$ 98,500.00$ 98,500.00$ 80,530.64$ 80,530.64$ 105,739.56$ 105,739.56$ 82,473.24$ 82,473.24$ 65,250.90$ 65,250.90$ 7 Earthwork - Clearing, Grubbing & Grading 1 LS 194,767.00$ 194,767.00$ 442,275.00$ 442,275.00$ 673,909.12$ 673,909.12$ 1,450,398.69$ 1,450,398.69$ 469,044.42$ 469,044.42$ 94,702.77$ 94,702.77$ 8 Exterior Improvements - Utilities (Sewer, Water, Storm Drainage)1 LS 993,807.15$ 993,807.15$ 950,280.00$ 950,280.00$ 1,070,620.93$ 1,070,620.93$ 511,487.02$ 511,487.02$ 1,033,559.44$ 1,033,559.44$ 394,569.99$ 394,569.99$ 9 Pavement, Concrete, Striping, and Signage 1 LS 401,439.75$ 401,439.75$ 374,000.00$ 374,000.00$ 411,917.14$ 411,917.14$ 415,253.14$ 415,253.14$ 259,229.05$ 259,229.05$ 343,174.30$ 343,174.30$ 10 Landscaping & Irrigation 1 LS 45,484.42$ 45,484.42$ 62,000.00$ 62,000.00$ 80,090.91$ 80,090.91$ 113,701.32$ 113,701.32$ 49,903.80$ 49,903.80$ 83,462.00$ 83,462.00$ Total Site Work 1,791,009.51$ Total Site Work 1,960,255.00$ Total Site Work 2,369,322.13$ **Total Site Work 2,644,732.73$ Total Site Work 1,894,209.95$ Total Site Work 1,021,268.22$ 11 Concrete 1 LS 313,432.40$ 313,432.40$ 310,000.00$ 310,000.00$ 248,381.80$ 248,381.80$ 149,810.24$ 149,810.24$ 463,139.46$ 463,139.46$ 339,000.00$ 339,000.00$ 12 Masonry 1 LS Included with line 11 Included with line 11 82,000.00$ 82,000.00$ 131,818.72$ 131,818.72$ 82,536.84$ 82,536.84$ Included in Line # 11 Included in Line # 11 407,430.00$ 407,430.00$ 13 Miscellaneous Metal 1 LS 60,819.00$ 60,819.00$ 85,000.00$ 85,000.00$ 37,424.63$ 37,424.63$ 22,800.00$ 22,800.00$ 40,560.00$ 40,560.00$ 101,800.00$ 101,800.00$ 14 Wood & Plastic 1 LS 137,803.15$ 137,803.15$ 200,000.00$ 200,000.00$ 263,134.35$ 263,134.35$ 168,948.08$ 168,948.08$ 195,067.27$ 195,067.27$ 141,133.00$ 141,133.00$ 15 Thermal & Moisture Protection 1 LS 179,696.00$ 179,696.00$ 302,500.00$ 302,500.00$ 410,804.25$ 410,804.25$ 357,610.02$ 357,610.02$ 217,964.86$ 217,964.86$ 61,020.00$ 61,020.00$ 16 Doors & Windows 1 LS 213,675.36$ 213,675.36$ 215,000.00$ 215,000.00$ 248,743.66$ 248,743.66$ 504,077.16$ 504,077.16$ 296,252.94$ 296,252.94$ 76,918.00$ 76,918.00$ 17 Finishes 1 LS 335,182.72$ 335,182.72$ 350,002.00$ 350,002.00$ 598,369.68$ 598,369.68$ 267,195.86$ 267,195.86$ 878,124.49$ 878,124.49$ 98,713.00$ 98,713.00$ 18 Specialties 1 LS 35,115.00$ 35,115.00$ 94,000.00$ 94,000.00$ 51,392.62$ 51,392.62$ 84,285.40$ 84,285.40$ 54,868.57$ 54,868.57$ 38,667.00$ 38,667.00$ 19 Fire Protection 1 LS Included in line 22 Included in line 22 N/A N/A -$ -$ 57,000.00$ 57,000.00$ N/A N/A 26,890.00$ 26,890.00$ 20 Plumbing 1 LS 172,800.00$ 172,800.00$ 175,000.00$ 175,000.00$ 226,273.80$ 226,273.80$ 171,000.00$ 171,000.00$ 229,939.09$ 229,939.09$ 78,451.00$ 78,451.00$ 21 Mechanical - HVAC 1 LS 118,500.00$ 118,500.00$ 118,408.00$ 118,408.00$ 138,959.79$ 138,959.79$ 125,058.00$ 125,058.00$ 166,687.04$ 166,687.04$ 89,630.00$ 89,630.00$ 22 Electrical 1 LS 217,606.00$ 217,606.00$ 313,500.00$ 313,500.00$ 271,506.06$ 271,506.06$ 1,140,000.00$ 1,140,000.00$ 375,785.59$ 375,785.59$ 58,640.00$ 58,640.00$ 23 Fire Alarm/Safety/Security 1 LS Included in line 22 Included in line 22 35,000.00$ 35,000.00$ 168,535.16$ 168,535.16$ 23,967.36$ 23,967.36$ FA Included in Line # 22 FA Included in Line # 22 36,170.00$ 36,170.00$ Total Maintenance Facility 1,784,629.63$ Total Maintenance Facility 2,280,410.00$ Total Maintenance Facility 2,795,344.52$ **Total Maintenance Facility 3,154,288.96$ Total Maintenance Facility 2,918,389.31$ Total Maintenance Facility 1,554,462.00$ TRADE SUB-TOTAL 4,324,615.00$ TRADE SUB-TOTAL 4,640,000.00$ TRADE SUB-TOTAL 5,599,548.92$ **TRADE SUB-TOTAL 6,714,797.72$ TRADE SUB-TOTAL 5,793,309.90$ TRADE SUB-TOTAL 3,030,627.52$ 24 Owner's Allowance*T&M 400,000.00$ 400,000.00$ 400,000.00$ 400,000.00$ 400,000.00$ 400,000.00$ 400,000.00$ 400,000.00$ 400,000.00$ 400,000.00$ 400,000.00$ 400,000.00$ TOTAL BASE BID = Trade Sub- Total + Owner's Allowance 4,724,615.00$ TOTAL BASE BID = Trade Sub-Total + Owner's Allowance 5,040,000.00$ TOTAL BASE BID = Trade Sub-Total + Owner's Allowance 5,999,548.92$ ** TOTAL BASE BID = Trade Sub-Total + Owner's Allowance 7,114,797.72$ TOTAL BASE BID = Trade Sub-Total + Owner's Allowance 6,193,309.90$ TOTAL BASE BID = Trade Sub-Total + Owner's Allowance 3,430,627.52$ 25 Alternate # 1: Maintenance Facility Alternate HVAC System (Refer to Included Energy Calculations for Specifications)1 LS 8,783.00$ 8,783.00$ 5,500.00$ 5,500.00$ 8,888.89$ 8,888.89$ 5,244.00$ 5,244.00$ 5,067.00$ 5,067.00$ 91,300.00$ 91,300.00$ 26 Alternate # 2: Accessory Chemical Storage Building (Refer to Plan Sets for Specifications and Details)1 LS 349,273.00$ 349,273.00$ 380,000.00$ 380,000.00$ 462,484.67$ 462,484.67$ 251,249.06$ 251,249.06$ TBD TBD 195,011.00$ 195,011.00$ 27 Alternate # 3: Accessory Equipment Storage Building (Refer to Plan Sets for Specifications and Details)1 LS 257,900.00$ 257,900.00$ 245,000.00$ 245,000.00$ 391,107.56$ 391,107.56$ 148,256.11$ 148,256.11$ TBD TBD 168,716.00$ 168,716.00$ 28 Alternate # 4: Gravel Yard (Raise elevation of existing generator storage yard by 1' of #57 stone) 1 LS 60,106.00$ 60,106.00$ 58,000.00$ 58,000.00$ 48,950.33$ 48,950.33$ 10,000.00$ 10,000.00$ 60,252.05$ 60,252.05$ 46,900.00$ 46,900.00$ ** Corrected formula or rounding error Opened by: Lisa Oien Witnessed by: Barb Lance Rycon Construction, Inc. Bidders: Total Maintenance Facility Solicitation Number and Title: 23-8096 Pelican Bay Services Maintenance Facilities Project Manager: Zurima Luff *Owners Allowance - - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. Bid Alternates Heatherwood Construction Company Site Work General Requirements Total General Requirements Bid Tabulation TOTAL BASE BID = Trade Sub-Total + Owner's Allowance Maintenance Building Total Site Work Bid Alternates Maintenance Building DMR Construction Services, Inc. Bid Alternates License Procurement Strategist : Lisa Oien Waypoint Contracting, Inc. Bid Alternates Addendum #4 Addendum #2 Addendum #3 Yes Yes Yes Yes Form 5: Statement of Experience of Bidder Form 11: Immigration Affidavit Certification E-Verify Sunbiz Page - Proof of Status from Division of Coprorations - FL. Dept. of State Vendor W-9 REQUIRED FORMS AND DOCUMENTS Form 1: Bid Response Form Form 2: Contractor's Key Personnel Form 3:Material Manufacturers Form 4: List of Major Subcontractors Addendum #1 Yes Form 6: Trench Safety Act Form 10: Vendor Declaration Statement Form 9: Conflict of Interest Affidavit Form 8: Insurance and Bonding Requirements Form 7: Bid Bond YES/NO Yes Yes Yes Yes Yes Yes Yes Heatherwood Construction Company Waypoint Contracting, Inc.DEC Contracting Group, Inc.DMR Construction Services, Inc. DEC Contracting Group, Inc. Bid Alternates YES/NO Yes Yes Yes YES/NO Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes* Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No* Yes No* Yes YES/NO Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Engineer's Opinion of Probable Cost General Requirements Site Work Maintenance Building Bid Alternates Rycon Construction, Inc. General Requirements Site Work Maintenance Building Bid Alternates YES/NO Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes NON-RESPONSIVE * Minor Irregularity Yes Yes Yes Yes Yes Yes No* Yes Yes Yes General Requirements Site Work Maintenance Building General Requirements General Requirements General Requirements Site Work Site Work Site Work Maintenance Building Maintenance Building 11.B.5 Packet Pg. 657 Attachment: 23-8096 Bid Tabulation (27211 : Pelican Bay New Maintenance Facility) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Heatherwood Construction Company ("Contractor") of 8880 Terrene Court, Bonita Springs, FL 34135, a Florida Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "Pelican Bay New Maintenance Facility", Invitation to Bid No. 23-8096 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Davidson Engineering, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Five Million Three Hundred Forty Thousand Five Hundred Seventy -One Dollars ($5,340,571.00). The Contract Amount includes the total base bid and bid alternate line items 25, 26, and 27 as reflected on the Bid Schedule of the Agreement. Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner, provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at httr)saltiscal.treasury.gov/surety-bondsilist-certified-comi)anies.html. Should the 1 Construction Services Agreement: [2023_ver.2] t.At) Contract Amount be less than $500,000, the requirements of Section 287,0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date, Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within three hundred and sixty (360) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand Five Hundred Eighty -Three Dollars ($1,583.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday 2 Construction Services Agreement: [2023_ver.2] A0 or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #23-8096 "Pelican Bay New Maintenance Facility". Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's list of Key Personnel Exhibit B-1: Payment Bond Forms ❑ Not Applicable Exhibit B-2: Performance Bond Forms ❑ Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Construction Services Agreement: [2023_ver.2] CAO Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: Genera[ Terms and Conditions Exhibit L Supplemental Terms and Conditions ® Applicable ❑ Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 23-8096 "Pelican Bay New Maintenance Facility". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https:llwww.bidsync.com/bidsync-cast, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ®Exhibit K: Permits ®Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: Davidson Engineering, Inc. ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Facilities Management Division 3335 Tamiami Trail East Naples, Florida 34112 Attn: Ayoub AI-bahou, Supervisor -Project Management Phone: (239) 252-7704 Email: Ayoub.al-bahou aacolliercountyfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Heatherwood Construction Company 8880 Terrene Court Bonita Springs, FL 34135 Attw Walter M. Crawford, President Phone: (239) 949-6855 Email: wmc heatherwoodconstruction.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 4 construction Services Agreement: [2023_ver.2] [_ 0 Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severabitity. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement: 12023_ver.21 CAO Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Remainder of page intentionally left blank s construction Services Agreement: [2023_ver.2) C<. � IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. Jv Lid^ Vela n Print Name ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller BY: Date: Approved as to Form and Legality: County Attorney Print Name CONTRACTOR: Heatherwood Construction Company Et t_ By: Print Name and Title Date: lb. 3 1 - Z 6 Z3 INIFEMAS BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: RICK LOCASTRO , Chairman Construction Services Agreement: (2023 ver.2j EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) Construction Services Agreement: I2023_ver.21 CAO EXHIBIT A-2; CONTRACTOR'S BID SUBMITTAL. FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: [2023_ver.21 CAOI Solicitation Number and Title: 23-8096 Pelican Bay Services Maintenance Project Address-. 6200 Watergate Way, Naples FL 34108 BID SCHEDULE BIDDER: HEATHERWOOD CONSTRUCTION Line No. Description Quantity UnH Unit Price Total Price General Aeaufrements 1 MobiBtation/ General Conditions 1 [S $730,790.96 $ 730,790,85 2 GeolechnicalTesting 1 LS $4,910.00 $ 4,910.00 3 INPOES Pollution Prevention and Monitoring 1 LS $13,275.00 $ 13,275,00 Total General Requirements $ 748,975,86 Sire War 4 Survey Stake-out/Survey As -built 1 LS $ 38,920.00 $ 38,920.00 5 Private Utility Locates/ Potholing 1 LS Included In Line 7 Ind uded In Line 7 6 Demolition and Disposal 1 LS $ 116,591.19 $ 116,591,19 7 Earthwork - Clearing, Grubbing & Grading 1 LS $ 194,767.00 $ 194,767= 8 Exterior improvements- Utilities (Sewer, Water, Storm Drainage) 1 LS $ 993,607.15 $ 993,807.15 9 Pavement, Concrete, Siriplag, and Signage 1 IS $ 401,439.75 $ 401,439.75 10 Landscaping & irrigation 1 LS $ 45,484.42 $ 45,484.42 Total Site Work $ 1,791,009.51 Maintenance Building 11 Concrete 1 t5 $ 313,432A0 $ 313,432.40 12 Masonry 1 LS Included in Line 11 Included In Line 11 13 Miscellaneous Metal 1 LS $ 60,limoo $ 60,819.DO 14 Wood & Plastic 1 LS $ 137,803.15 $ 137,603.15 is Thermal & Moisture Protection 1 LS S 179,696.00 $ 179,696.00 16 Doors & Windows 1 LS $ 213,675.36 $ 211,675.36 17 rinlshes 1 IS $ 335,182.72 $ 335,182.72 18 Specialties 1 LS $ 35,115.00 $ 35,115.00 19 rire Protection 1 LS Included In Line 22 Included in Line 22 20 Plumbing 1 LS $ 172,900.00 $ 112,800.00 21 Mechanical -HVAC 1 LS $ 118,500.06 $ 118,500.00 22 Illectrical 1 LS 1 $ 217,606,00 $ 217,606.00 23 Fire Alarm/Safety/Security 1 t5 Included in Line 22 Included in Line 22 Total Maintenance Facility $ 1,784,629.63 TRADE SUB -TOTAL $ 4,324,615.00 24 Owner's Allowance* T&M $ 400,000.00 $ 4DO,000.00 TOTAL BASE BID = Trade Sub -Total + Owner's Allowance $ 4,724,615.00 Bld Afternares 25 Alternate k 1: Maintenance Faci rty Alternate HVAC System (Refer to Included Energy Calculations for Specifications] 1 LS $ 8,783.00 $ 8.783.00 26 Alternate itAccessory Chemical Storage Building (Refer to Plan Sets for Specifications and Details) 1 LS $ 349,213.00 $ 349,273.00 27 Alternate p 3: Accessary Equipment Storage Building (Refer to Plan Sets for Specifications and Deta{Is) 1 LS $ 257,9D0.00 $ 257,900,00 Alternate #4: Gravel Yard Raise elevation of existing generator storage yard by 28 1' of 957 stone) 1 LS $ 60,106,00 1 $ 60,306.0o -Owners Allowance - - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price Is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Ovmers Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. Collier County Procurement Services Division Date: 6/5/2023 Email: Lisa.Oien@colliercountyfl.gov Telephone: (239) 252-8935 Addendum #1 From: Lisa Olen, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation 23-8096 Pelican Bay New Maintenance Facility The following clarifications are issued as an addendum: Change l: Bid Due Date Extension Bid Due Tine 42 023 at 3 M PM June 26, 2023. at 3:00 PM Change 2: Question and Answer Deadline Extension Question and Answer Deadline 'une 24 at c,nn na June 19. 2023, at 5:00 PM If you require additional information, please post a question on our Bid Sync (Nvxvw.bid sy nc.coiu) bidding platform under the solicitation for this project.!. Please sign below and return a copy of this ddendum with your submittal for the above referenced soliOtIttion. 1 Date Heatherwood Construction Company (Name of Firm) - - CAO 0�rr,y Procurers m iemc as Divi".Ion Date; June 16, 2023 Email: Lisa.Oien@colliercountyfl.gov Telephone: (239) 252-8935 Addendum #2 From: Lisa Oien, Procurement Strategist To: Interested Bidders Subject: Addendum #2 Solicitation 23-8096 Pelican Bay New Maintenance Facility The following clarifications are issued as an addendum: Change 1: Extension to Question Deadline and Bid Due date Question Deadline me'o--242-3--at 5-00 Pl JuIN- 3, 2023, at 5;00 PM Bid Due Date june 26 2023 at 3!09 P14 Julv 10. 2023, at 3:00 PM Chanue 2- Maintenance Building Plan Uudates & Clarifications (addresses BidSyne Ottestions 8, M 21, 23. 24, 27, 28, 29) • Structural Sheet S-3: Connection wood frame wall/wood beam table, wood roof tie down schedule, and roof load table added, + Structural Sheet S-4: Section 6 updated to show slab thickness as 5". • Structural Sheet S-5: Simpson Heta20 (or equal) have been added to all applicable sections. • Structural Sheet S-6: Applicable details have been updated to show Simpson Hcta20 (or equal). Details A and B have been updated to provide more clarification. • Sheet C-22.00 through C-22.01 have been updated to clearly show the location of the irrigation meter. • Electric water heater diagram has been added to Sheet P-1. • HVAC plans have been revised to include updates to the exhaust louvers, the air handler data, condenser unit data, additional strobes, HVAC controls, and exhaust systems, • Sheet FA-2's sequence of operation and fire alarm system notes have been revised. • Electrical plans have been updated to provide information on the overhead door motors. • All references to VCT on the architectural finish schedule are to be replaced with LVT-1, • All acoustic ceiling tiles in bathroom area to be moisture resistant as included within the revised architectural plans. • Modular wall system manufacturer has been revised to Steelease, Inc. A county approved vendor. • Ceramic tile to conform with the revised architectural plans, specifically the specifications provided on Sheet T2.2 Final selection by Owner from samples provided by the general contractor. + On Sheet A7.1 counter and sink height not to exceed 34". All counters are to provide 27" knee clearance. • All references to roof hatch are to be omitted from the contractor's scope. CAO • All glass in doors to be 7/16" impact glass. Exterior glazing on glass to be tint glazing per Section 088000, • For any discrepancies found in the construction documents regarding foundation thickness, refer to structural plans. The foundation information contained within the structural plans supersedes all other documents. + Maintenance building to have dash trowel stucco finish. • Hardware specifications for the roll down doors for all buildings have been added to revised Sheet T2.2. Chance 3: Chemical and Euuinment Storage Plan Updates & Clarifications (addresses BidSync Onestions S, 17, 21, 24,26) • Maintenance Building Sheet S-3: Connection wood frame wall/wood beam table, wood roof tie down schedule, and roof load table added. • Maintenance Building Sheet S-4: Section 6 updated to show slab thickness as 5". • Maintenance Building Sheet S-5: Simpson Heta20 (or equal) have been added to all applicable sections. • Maintenance Building Sheet S-6: Applicable details have been updated to show Simpson Heta20 (or equal). Details A and B have been updated to provide more clarification. • Sheet C-22.00 through C-22,01 have been updated to match the sanitary lateral connections as shown in the latest plumbing plan sheet. + Soffit material has been revised to vented aluminum soffit. • Glass size in doors to be half glass = 27" x 36", full glass = 27" x 70", quarter glass = 13"x 36". All glass in doors to be 7116" impact glass. Exterior glazing on glass to be tint glazing per Section 088000. • Dens glass sheathing to be %z". + For any discrepancies found in the construction documents regarding foundation thickness, refer to structural plans. The foundation information contained within the structural plans supersedes all other documents. Cbanae 4: Exbibit Chanees (addresses BidSvne Ouestions 8, 17, 21, 23, 24, 27, 28) Strike throughs are removed and underlined added: REVISED MEP PLANS: Exhibit M-Electrical-ChemicalStora get Rey3-20230615 • df Exhibit M-Electrical-Equit)StorageRev3-20230G15 • Exhibit M-Electrical-MainteanceFacilityRey2-20230615 • nn Exhibit M-Fire Alarm-MaintenanceFacililyRey2-20230615 Exhibit M-HVAC-MaintenanceFacililyRev2-20230615 CAO • Exhibit M-Plumbinp--MaintenanceFacility Rev2-2023061.5 REVISED ARCHITECTURAL PLANS rExhihitAl AR Exhibit M-ArchP]ansChemicalBld0Rev2-20230613 • ajL t3kwage 13ci1} Exhibit M-ArchPlansEquinmentStoratleBldeRev2-20230613 •FAOhit M ARC44 PLA.1hig N4ajHhMaHGe4JWdiflg Exhibit M-ArchP]ansMaintenanceBldLRev2-20230613 REVISED STRUCTURAL PLANS + Exhibit M-Stru raHAmr Qemical-Buildi Exhibit M-StructuralPlansChemicalBidyltev2-20230615 Exhibit M-Structtu-alPlansMaintenanceBldaRev2-20230615 REVISED CIVIL PLAN • Exhibit M-Civil PlansRev3-20230614 If you require additional information, please post a question on our Bid Sync (www.bidm nc.com) bidding platform under the solicitation for this project. Please sip below and return a copy refereneW solicitation. (Si Y ature) 1. A-1Ir- q,-*,- L (Name of Firm) Addendum with your submittal for the above '-, "Y1 � ! Date CAO Al, Go iev Go""ty Prrx:urerm-mt SeMcm D;vision Date: June 29, 2023 Email: Lisa.Oien@colliercountyfl.gov Telephone: (239) 252-8935 Addendum #3 From: Lisa Oien, Procurement Strategist To: Interested Bidders Subject: Addendum 93 Solicitation 23-8096 Pelican Bay New Maintenance Facility The following clarifications are issued as an addendum: Change 1: Clarification for Metal Roof Panel (addresses BidSync Questions 34) • Lokseatn standing seam metal panels will be approved as an equal, Change 2: Clarification for Compressor (addresses BidSync Questions 39) • Air compressor lines to be±109 linear feet of %" RapidAir Fastpipe®or equivalent and run along the ceiling with it drop -down connection for each service bay. Change 3: Clarification for Compressor; (addresses BidSync Questions 46) • Air compressor will be supplied by the owner. Air compressor lines to he f109 linear feet of 3/4" RapidAir Fastpipe or equivalent and run along the ceiling with a drop -down connection for each service bay. Change 4; REVISED Exhibit M — Plumbing Maintenance Facility plans: Strike throughs are removed and underlined added • Exhibit M-Plumbini,-Maintenance FaciliiN, Rev3-20230627 o Note 17 on Sheet P-1 has been revised. If you require additional information, please post a question on our Bid Sync (ww%v.birlsV.nc.CO1r1) bidding platform under the solicitation for this project. Please sign below ac�id return a copy of this Add Alum with your submittal for the above referenced solicita'tnn. t< (Name f'I lot) - . " 1.2 Date CAo Email: Lisa.Oien@colliercountyfl.gov Telephone: (239) 252-8935 Prmimi'mmt SerOros Di stun Addendum #4 Date: July 5 , 2023 From: Lisa Oien, Procurement Strategist To: Interested Bidders Subject: Addendum #4 Solicitation 23-8096 Pelican Bay New Maintenance Facility The following clarifications are issued as an addendum; Questions and Answers tl45 for specification clarification: Question 45 Spec section 072100 building insulation section 3.5 and 3.6 call for sprayed foam insulation and foam filled Insulation, The building section details calls for R-5 In masonry wall and R-30 in ceilings. Can the city please clarify whether sprayed foam insulation and foam filled insulation is required for this project?_ Answer: Insulation to be batt insulation as specified In the architectural plans. The contractor is to install R5 Batt Insulation as shown in wall types Wt and W2 on Sheet AM and R38 Batt Insulation in the ceiling as shown on Section 3 on Sheet A4.2. • Batt insulation with foil backing Is not allowed for this project If you require additional information, please post a question oil our Bid Sync (www.bidm nc.cum ) bidding platform under the solicitation for this project. Please sign below and return a co his Addendum with your submittal for the above referenced solicitation. ff �S e of firm) 1[''2 Date CAo Collier County FORM I - BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pelican Bay New Maintenance Facility BID NO.23-8096 Full Name ofBidder Heatherwood Construction Comhan Main Business Address 8880 Terrene Court, Bonita Springs, FL 34135 Place of Business 8880 Terrene Court, Bonita Springs. FL 34135 Telephone No. (239)949-6855 Fax No. (239) 949-6856 State Contractor's License # CGC055863 State of Florida Certificate of Authority Document Number P04000167920 Federal Tax Identification Number 84-0838698 DUNS # 825670156 CCR# Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) 5olidalion 23.80OG The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required ofthe Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (1 D) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within (lie required time period, In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The 4/26t2023 2:41TOfttrivCtion Solicitatfon Doc rev 04152022 P. B CAO Collier County Solicitation 23-809ti Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manncr. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five(S) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within Three Hundred Sixty (360) consecutive calendar days, computed by excluding the commencement date acid including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize AgeijV Signature: Tithm President Date: - —7 - -Z 4/2612023 2:41TOMtruction Solicitation Doc rev 04152022 p. 7 CAO Collier County FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Pelican Bay New Maintenance Facility Name Erik Squibb Rick Mercer Construction Solicitation Doc rev 04152022 4/26/2023 2:41 PM Bid No. 23-8096 Personnel Categon- Construction Superintendent Project Manager Solicitation 23-8096 P. a CAO Collier County FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE Solidtalion 23-8096 All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: -_Heather.' pd Coristruet_ion Corn Signature: Date: Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL I. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Heatherwood onstruciion Com an Signature: Construction Solicitation Doc rev 04152022 4126/2023 2:41 PM EXCEPTION MANUFACTURER IFACTURER Date _7 - -1, / P. 9 CA^ Collier County FORM 4 , LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE Solicitation 23-8096 The undersigned states that the following is a 1 ist of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non -compliant or non -qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical Palm River Electric, 28380 Old 41 Rd # 9, Bonita Shrinks, FL 34135 2. Mechanical Crowther Mechanical, 2543 Rockfill Rd. Fort Myers, FL 33916 3. Plumbing B&I Contractors Inc. 2701 Prince St, Fort Myers, FL 33916 4. Site Work Pavement Maintenance, LLC., 1640 Benchmark Avenue, Tort Myers, PL 33905 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company. Signature: Hea h o on. tr 'tau—Cptiipany_. Date: [� Construction Solicitation Doc rev 04152022 4126/2023 2:41 PM P. 10 CAO Cotller County FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER Solicitation 23-8006 THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVEINON- RESPONSIBLE. The Bidder is required provide five (5) project references, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. FRI 3. van Otterloo Center for Family Learning Guadalupe Center w (project name) (project owner) 3655 Westclox Street Immokalee, Florida 34142 2640 Golden Gate Parkwav, Suite 205. Naples, FL 34105 (project location) (Owner's address) New 40.000 sq fi school Dawn Montecalvo P_ resident (project description) (Owner's contact person) (title) 10/2021 - 12/26/2022 $ 11,496,565 (239) 657-7154 dmontecalvo)guadalupecenter.org (project start/completion dates) (contract value) (phone) (email) Hulett Environmental Corporate Office Hulett Environmental Services__ (project name) _ (project owner) 3 828 White Lake Blvd N ples, FL 34117 3828 White Lake Blvd, Naples, FL 34117 (project location) (Owner's address) Corporate Headquarters &3Varehsattse _ Timothy Hulett President (project description) (Owner's contact person) (title) 01/20I8 - 1212019 $ 1 500 01?0 J2 91302-4140 fhn d1bugs.cam (project start/completion dates) (contract value) (phone) (email) Heritage Landino includingMaintenance Facility Lennar Homes (project name) (project owner) 14500 Heritage Landing Blvd., Punta Gorda, FL 33955 10481 Ben C Pratt, Six Mile Cypress Pk-%vy, Fort Myers, FL 33966 (project location) (Owner's address) Construction of amenities and maintence facility Darin McMurray Rebional Vice President (project description) (Owner's contact person) (title) 912021— 912022 $ 4,100,000 (project start/completion dates) (contract value) Construction Solicitation Doc rev 04152022 4/26/2023 2:41 PM [239) 278-1177 Darin.McMunav rl-Lennar.com (phone) (cmail) Cho 4. 5. Ccilier County Solicitation 23-8096 FORMS - STATEMENT OF EXPERIENCE OF BIDDER I Mason Classical Academy (project name) 2647 Professional Cir, Naples, FL 34111� — (project location) School — second floor renovation (project description) Mason Classical Academy, Inc.__ _ (project owner) 2647.Professional Cir, Naplcs, FL 34119 (Owner's address) David Hull Executive utive Director (Owner's contact person) (title) 4/2022-1212022 $ 2,007,817 1239) 890-7584 dliull'imnasonacademN.com (project completion date) (contract value) (phone) (email) Estero Country- Club Estero Country Club Inc. (project name) (project owner) 19501 Vintage Trace Circle, Estero, FL 33967 (project location) Complete renovation ofclubhouse (project description) _ 19501_Vintage Trace Circle. Estero FL 33967 (Owner's address) Dan Newman General Manager (Owner's contact person) (title) 712021 - 1112022 $ 4,392530 _ 341267-7000 dnowmanfa:esteroce.com (project completion date) (contract value) (phone) (email) Company: Heatherwood onstruction Com any Signature: Date: Construction Solicitation Doc rev 04/52022 4/26/2023 2:41 PM p.12 CAO Collier County Solicitation 23-8096 FORM 6 - TRENCH SAFETY ACT THIS DORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE, Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1,1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure uantiCost (Description) F Y 1 SIMPLE SLOPE LF 2. 3, 4. 5. qn')a 1.00 3024.00 TOTAL S 3024.00 Company: HuAhecsvciu rnsiruc:iiui>" :u , _ . Signature: Date: ' Construction Solicitation Doc rev 04152022 412012023 2:41 PM P. 13 CAO Collier County FORM 7 - BID BOND THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RE SPONSIVEINON- RESPONISBLE Solicitation 23-8096 KNOW ALL MEN BY THESE PRESENTS, that we (herein after called the Principal) and (herein called the Surety), a corporation chartered and existing under the laws of the State of with its principal offices in the city of _ and authorized to do business in the State of are held and firmly bound unto the (hereinafter called the Owner), in the full and just sum of _ dollars ($__ __ _. _ __ _ i goad and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment we]I and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 23-8096 Pelican Bay New Maintenance Facility. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ _, noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and scaled this day of , 20 BY Countersigned Appointed Producing Agent for 4/2612023 2:41 PM Principal (Seal) Surety (Seal) p. 14 CAA .r - A JLFA� Document A31 OTM - 2010 CONTRACTOR: (Name, legal slahrs and address) Heatherwood Construction Company 8880 Terrene Court Bonita Springs, FL 34135 OWNER: (Name, legal s(alrrs and address) Collier County, Procurement Services 3295 Tamlaml Trail East Naples, FL 34112 BOND AMOUNT.- *"FIVE PERCENT OF SURETY: (Marne, legal slahrs and principal place of business) Great Midwest Insurance Company 800 Caessner Road, Suite 600 Houston, TX 77024 AMOUNT BID""' PROJECT: (Mann, locarfon or address, and Project number, ifan)) Pelican Bay New Maintenance Facility - Collier County Solicitation #23-8096 This document has Important legal consequences, Consultation with an attorney Is encouraged with respect to its completion 0( modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid Of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the tenns of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted In the jurisdiction of the. Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prdmpt payment of labor and material furnished in the,proseeution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time In which the Owner may accept the bid. NVaiver of notice by the Surety shall not apply to any extension exceeding sNty (60) days in the aggregate beyond the time for -acceptance of bids specified in the bid docwnents, mud the Owtier and Contraotor shall obtain the Surety's consent for an extension beyond sixty (60) days, ifibis Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall ba deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been flimished to comply with a statutory or other legal requirement In the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefiom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated I efn. When so furnished, the intent Is that this Bond shall be construed as a statutory bond and not as a Comm ']mv bond. Signed and sealed this 26th day of June 2023 Heat t woad truction pony (Prirrci 30l — (Se21) r { Great Midwest Insprance Company sf o Mile)`- _. Thomas O. Chambers. Attorney-frr=Fact- AIA Document A31011r-2010. Copyrtght4l) 1983,1970 and 2010 by The American InstitNa orArchiteds. All rights reaerred. WARNING: This AIA` Init. Docunlerit is protected by tf.S. Copyright Law and Inlerhationat Treaties. unauthorized reproduction or dlstribuPon of this AIA° Document, or any portion of it, may result in severe dull and criminal penalties, and will be prosecuted to the maximum extent possiblo under the law. t Purchasers are permitted to reproduce tan (10) eoples of nits document when completed. To report copyright violation s or AIA CoMrect llocuments, e•mall The American Institute of Archiledd legal counsel, cgpyrighl@;flu.org, r61110. CAO POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal in Houston, TX, does hereby constitute and appoint: Thomas O. Chambers, Todd Schaap true and lawful Attorneys) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or tings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT URANCE COMPANY, on the 1 sr day of October, 2018 as follows; Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other )s obligatory in nature of a bond not to exceed Ten Million dollars ($10,000,000.00), which the Company might execute through its duly elected rs, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the zany as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attomey-In-Fact, so appointed, re removed in the Company's sole discretion and the authority so granted may be revoked as specified in the power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such pourer and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its to Seal to be affixed this 111h day of February, 2021. �Q{� 5E iksusa„��rp 91 COPPORATE6M 4y COAPof+t� ACKNOWLEDGEMENT GREAT MIDWEST INSURANCE COMPANY Mark W. Haushill President On this 11th day of February, 2021, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose a that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrume he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. pr','ia, CHnISTINA BISHOP & OS Notary Publfc, Stato of Texas BY VOUComm, Explies 04.14-202ti Christina Bishop wir Notary 10 131080488 Nata Public ry CERTIFICATE I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions set forth are now in force. and Sealed at Houston, TX this 26th �t��i hNSUr�c COf',POMTE WE o� 9G CORPO�*� Day of June , 2023 BY Leslie K. Shaunty Secretary �; Any person who knowingly and with Intent to defraud any Insurance company or other person, files and application for Insurance of claim any materially false Informatlon, or conceals for the purpose of misteading, Information concerning any fact material thereto, commits a Insurance act, which is a crime and subjects such person to eriminai and civil penalties. CA0 0 STATE OF WISCONSIN ) COUNTY OF Milwaukee ) ON THIS 26th day of dune 2023 , before me, a notary public, within and for said County and State, personally appeared Thomas D. Chambers to me personally known, who being duly sworn, upon oath did say that he is the Attorney -in -Fact of and for the Great Midwest Insurance Company , a corporation of Texas , created, organized and existing under and by virtue of the laws of the State of Texas ; that the corporate seal affixed to the foregoing within instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by authority of its Hoard of Directors; and the said Thomas 0. Chambers did acknowledge that he/she executed the said instrument as the free act and deed of said Company. Rosa Hernandez Notary Publio,MI[Waukee Wisconsin My Commission Expires 1/22/2027 \`XkJut11rr1/1" �-: oTAR r•. .N Nj;•. •yam CAO Collier County FORM 8 -INSURANCE AND )BONDING REQUIREMENTS -See Page 13 Solicitation 23.809E The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the N11 insurable value of the scope ofwork, The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shal I, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible forpurchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions, The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work perforated on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM S with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All selfdrisured retentions or deductibles will be Vendor's sole responsibility. Coverageo shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate litnit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s7 required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverageLsl purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverageo purchased or the insurance company or companies used, The decision of the County to purchase such insurance coveragejl shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certifrcale(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 412612023 2:41 PM p. 15 CAO� Collier County Collier County Florida Insurance and Bonding Requirements Solicitation 23.8096 Insurance / Bond Type R_ equired Limits I. CAWorker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprictorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at Inttys:l/a�s,t&Ifs.cor�r/tx7ccxemi 2. ® Employer's Liability $_1,000,000� single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury current ISO form Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000` , Each Occurrence; Bodily injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability S Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 412612023 2:41 PM P. 16 ( 7:%(1 Collier County Solicitallon 23-8096 7. 0 Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit insurance Corporation, 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the, most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet, The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. l0. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, Olt, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG — 3/1/2023 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. 4/26/2023 2:41 PM p. 17 AO TF- Roy CERTIFICATE OF LIABILITY INSURANCE DA 1/26023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER CONTACT NAME: Marsh & McLennan PHONE 727 447-6481 No 727449-1267 101 N Starcrest Dr TrIO_No_ €,11:_ LAIC, 1: E-MAIL Clearwater FL 33765 ADDRESS: ceritficates(obouchardinsurance,com_ INSURERtS1 AFFORDING COVERAGE _ _ _ NAIC 9 INSURER A: Charter Oak Fire Insurance Co __ + 25615 INSURED HEATNERW2 INSURER B, TfaVBI6TS PfOtIe11y Casually CO, of Amer _ _ _ 25674 Heatherwood Construction Company INSURERC: American Builders Insurance Company 11240 8880 Terrene Ct Bonita Springs FL 34135 IRSURERD: St. Paul Surplus Lines Insurance Compan 30481 INSURER E ; COVERAGES CERTIFICATE NUMBER:252859891 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW 14AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND_CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE AOOL-SUBR - POLICY EFF POLICY EXP LTR ! IN a! IUVI), POLICY NUMBER , €MM1130 YYI i MWOOIYYYY LIMITS A X ''. COMMERCIAL GENERALLIA801Y Y Y DTCO9S183933COF23 211112023 V112024 EACH OCCURRENCE S1,000,000 1XI ',. -DAMAGE TO RENTED 340,000_ _ ` CLAIMS -MADE OCCUR PREMISES {Ea acaurrencei 5 _ X 5,e00 MEO EXP (Any one person) S 5,000 _ PERSONAiSADVINJURY _$1,000,000_ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S2.000.000 _ POLICY [fl JECT F-1 LOC. PRODUCTS - COMPIOP AGG 52,000,6ee $ OTHER: + A AUTOMOBILE Y ' Y BA9S1850602326G 2N12023 211/2024 COMBINED SINGLE LIMIT s1,000,000 -1Ea accident) X '�, ANY AUTO BODILY INJURY (Per person) $ - OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS X HIRED X NON -OWNED PROPERTYDAMAGE $ { AUTOS ONLY :AUTOS ONLY _ €Per ac6dantl I� - S B X �i UMBRELLALIAa X : OCCUR �h Y ! Y CUP9S1S519A2326 21112023 2I112024 i EACHOCCLIRRENCE . $5,000,000 3 - EXCESS LIA9 CLAIMS -MADE' ! ? AGGREGATE i S 5,000,000 DED i X 1 RLTENTIONS ` S C WORKERS COMPENSATION Y WGV016660509 2/1/2023 i 2I12024 X STATUTE AND EMPLOYERS' LIAOILITY - YIN ANYPROPRIETORIPARTNERIEXECUTIVE l .STA_ERH_ E.L. EACH ACCIDENT { S 1,000,000 _ — —' OFFICEWMEMBER EXCLUDED? N 1A. (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 B Leased/Rented Equipment QT6301T250952TIL23 2/112023 V112024 $5D.OW O Pdl+Aion+Praressional Liability ZCE41 N47304 2JJ12023 2/112024 i - $1,000,0DO Each Osc $2.000.000 Agg DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) NOTICE: If required by written contract, Certificate Holder is an additional Insured with respect to General Liability, Umbrella Liability and Auto Liability, subject to the terms, conditions and exclusions of the policies. Coverage with respect to General Liability and Auto Liability is primary and noncontributory. When required by written contract, waiver of subrogation applies in favor of Certificate Holder with respect to General Liability, Auto Liability, Umbrella Liability and Workers Compensation, subject to the terms, conditions and exclusions of the policy. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, FOR INSURANCE PURPOSES ONLY AUTHORIZED REPRESENTATIVE rf ©1986-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD CAO Collier County Solicitation 23-8096 Coxer Comity Procurement Services Division DORM 9— CONFLICT OR INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules -- The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity —The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government, Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. h1 addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the pastor currently being worked on for the above - mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non- public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s), By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not nose an organizational conflict. 7Heather%od Construction Comtan:/' Company, am /, ignature WalterM. Crawford, _IV, _President Print Name and Title State of i—Urs__A County of - t4?,4 The foregoing instrume tt was acknowledged before me by means of�physieal jesence r ❑ online notarization, this -i"" day of u y (month), _ 7 2 (year), by P II _ (v Ord (name of person acknowledging). I L L � -- (Sjg ature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced SUSAN N. ME1NKET * :_= MY COMMISSION R HH 22 M EXPIRES: February 17, 2026 4/26/2023 2:41 PM P. 18 CAQ Collier County r CoMer County Pmcuvarmi nt Setvia.>s Div} K)n FORM 10 — VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: Sollcitatlon 23-8096 The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub - vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 26th day of Julie _ , 20_n in the County of Lee , in the State of Florida Firm's Legal Heatherwood Construction Company Name: Address: 8880 Terrene Court City, State, Zip Bonita SNrinbs, FL 34135 Code: - -- Florida P04000167920 Certificate of Authority Document Number Federal Tax 84-0938698 Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: (239) 949-6855 Email: wmcfr`rheatlremvoodconstruclion.coni Signature by: Walter M. Crawford. TV (Typed and written) Title; President 4/2612023 2:41 PM P. 19 CAO Collier County solicitation 23.8096 Collier Copmty Procurement Services Division FORM 11- IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(c) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes §448,095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposat[bid. Heatherwoo t Construction Company' - - f Comp �� Name Signature 1WM. Crawford, IV, President Print Name and Title State of Bov-i County of The foregoing instrument was acknowledged before me by means of�physical presence or, El online notarization, this q r� day of ,3u -�, (month), �Z3 (year), by WAJ � zt �d (name of person acknowledging). (11-, ` (.9ignatureofNotary Pub] ic-MEW of Florida) �- (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced N, MEMET WCOyl ION#HH2 2�2 EXPIRES: Fat>ruary 17, 2t?28 or rvR�� 4/2612023 2A1 PM p. 21 CAQ State qi,""'114'horida Department of State I certify from the records of this office that HEATHERWOOD CONSTRUCTION COMPANY is a corporation organized under the laws of the State of Florida, filed on December 15, 2004. The document number of this corporation is P04000167920. I further certify that said corporation has paid all fees due this office through December 31, 2023, that its most recent annual report/uniform business report was filed on January 18, 2023, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution, Given tinder ney hand and flee Great Seal of the State of Florida at Tallahassee, the Capital, this the Sixth day of June, 2023 SecrQt!ny of tale Tracking Number: 8866390934CU To authenticate this certificate,visit the following site,euter this number, and then follow the instructions displayed. https;I/services.sunbiz.org/Filings/CertificateOfstatus/CertificateAuthentication 0 :E LLI > 4-j LLI LU W AA vi 0 in F I Z. 4-J z Zo, 0 Lu 04 '�o Z 0 ()o in in C 4-4 0 In 0.. LL- r- 4� LL LL 4-1 ru "Co Lu U. D Ul 0 Wr 4k Z� LU CC0 oo r i r Lu A2 4-1 0 Z 0 L L Zi 0 LLI tn LL 0 < Z IA F z z LLJ (L) LLI 0 > 0 LLJ U CL LLI 4" .34 CAO Form .. Request for Taxpayer Give Form to the (Rev. October 2018) Identification Number and Certification requester. Do not pepartriterflufthis Treasury send to the IRS. internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return)- Name is required on this line; do not leave this line blank Heatherwood Construction Company 2 Business name/disregarded entity name, If different from above to 3 Check appropriate box for federal tax classification of the person whose name Is entered on tine 1. Check only one of the 4 Exemptions (codes apply only to rn following seven boxes. certain entities, not individuals; see a. instructions on page 3); o ❑ Indivldual/sole proprietor or ❑ C Corporation 0 S Corporation ❑ Partnership ❑ Trust/estate single -member LLC Exempt payee code (f any) ❑ Limited liability company. Enter the tax classification (C=G corporation, S=S corporation, P=Partnership) ► o y Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting C N LLC If the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is d uanother LLC that is not disregarded from the owner for U,S, federal tax purposes, Otherwise, a single -member LLC that code ( if any) _ is disregarded from the owner should check the appropriate box for the tax classification of its owner. ° ❑ Other Wp%sioswe srm`uxnedWW*L, US) m _ _ y 5 Address (number, street, and apt, or suite no.) See Instructions. Requester's name and address (optional) 8880 Terrene Court 6 City, State, and ZIP code Bonita Springs, FL 34135 7 List account pumber(s) here (optiortal) Tax aver Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this Is generally your sodal security number (SSN. However, fora — m resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, letter. For other entities, it is your employer identification number (EIN), If you do not have a number, see Mow to get a TIN, later. or Note; If the account Is In more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. F 8 4 �j� I [ I rMoe 3 8 B 9 L1 — L j Certification Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not bean notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form Of any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions for Part II, later. Sign Signature of Here I U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its Instructions, such as legislation enacted after they were published, go to www,irs.gov/F`ormW9. Purpose of Form An individual or entity (Form W-9 requester) who Is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer Identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid Date ► 04-25-2023 • Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-5 (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (ncluding a resident allen), to provide your correct TIN. Ifyou do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. Sea What is backup withholding, later. Cat. No.10231X Form W-9 (Rev.10-2018) AO Form W9 (Rev. 10-2018) By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA codes) entered on this form (if any) indicating that you are exempt from the FATCA reporting, Is correct. See What is FATCA reporting, later, for further Information. Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it Is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S, citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United States; • An estate (other then a foreign estate); or • A domestic trust (as defined In Regulations section 301.7701-7). Special rules for parinershlps. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner Is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner In a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on Its allocable share of net Income from the partnership conducting a trade or business in the United States. • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; o In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S, owner of the grantor trust and not the trust; and v In the case of a U.S, trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S, branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entitles). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U,S. tax on certain typos of income. However, most tax treaties contain a provision known as a "saving clause," Exceptions specified In the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items. 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax, 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article, Page 2 Example. Article 20 of the U.S.-China Income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay In the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-Chlna treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese stud alit becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding Include interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made In settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the instructions for Part II for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4, The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable Interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more Information. Also see Special rules far partnerships, earlier. What is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated Information to any person to whom you claimed to be an exempt payee If you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $60 for each such (allure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false Information with respect to withholding. if you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. l A(_) Form W-9 (Rev- 10-2018) Criminal penalty for falsifying Information. Willfully falsifying certifications or aH€mtations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINS. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 Is for a joint account (other than an account maintalned by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered In Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without Informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your now last name. Note: ITIN applicant: Enter your individual name as it was entered on your Farm W-7 application, line 1 a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 104011040AIl040EZ on line 1. You may enter your business, trade, or "doing business as" (DDA) name on line 2- c. Partnership, LLC that is not a single -member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. a. Disregarded entity. For U.S. federal tax purposes, an entity that Is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)0ii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the Income tax return on which the Income should be reported. For example, If a foreign LLC that Is treated as a disregarded entity for U.S. federal tax purposes has a single owner that Is a U.S. person, the U.S, owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on tine 2, "Business nameldisregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 Instead of a Form W-9. This Is the case even if the foreign person has a U.S. TIN, Line 2 It you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name Is entered on line 1. Check only one box on line 3, Page 3 IF the entity/person on line 1 is THEN check the box for... a(n) .. . • Corporation Corporation • Individual Individual/sole proprietor or single- • Sole proprietorship, or member LLC • Single -member limited liability company (LLC) owned by an individual and disregarded for U.S. federal tax purposes, • LLC treated as a partnership for Limited liability company and enter U.S. federal tax purposes, the appropriate tax classification, • LLC that has filed Form 8832 or (P= Partnarship; C= C corporation; 2553 to be taxed as a corporation, or S= S corporation) or • LLC that Is disregarded as an entity separate from Its owner but the owner is another LLC that Is not disregarded for U.S, federal tax purposes. Partnership • Partnership • Trust/estate Trust/estate Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you. Exempt payee code, • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes Identify payees that are exempt from backup withholding. Enter the appropriate code in the space In line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(1)(2) 2—The United States or any of its agencies or Instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of Its political subdivisions, agencies, or Instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possossion 7--A futures commission merchant registered with the Commodity Futures Trading Commission B—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described In section 4947 l 'A( Form W-9 (Rev. 10-2018) The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for... THEN the payment is exempt for.., Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over 1 through 52 $5,000' Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions See Form 1099-MISC, Miscellaneous Income, and its instructions. z However, the following payments mado to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes Identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold In the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may Indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code. A —An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a){37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i) E—A corporation that Is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)Q) F—A dealer in securities, commodities, or derivative financial Instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I —A common trust fund as defined in section 564(a) J—A bank as defined In section 581 K—A broker L—A trust exempt from tax under section 664 or described In section 4947(e)(1) Page 4 M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note; You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your [ntormation returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there Is still a chance the old address will be used until the payer changes your address in their records. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, Goo Now to get a 77N below - If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. If you are a single -member LLC that is disregarded as an entity separate from its owner, enter the owner's SSN (or EIN, it the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. Flow to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form onllne at vnvw.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN, You can apply for an EIN online by accessing the IRS website at www.irs.govlBusinasses and cticking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.govlOrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days. If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to got a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering "Applied For" means that you have already applied for a TIN or that you Intend to apply for one soon. Caution: A disregarded U,S, entity that has a foreign owner must use the appropriate Form W-8. Part 11. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below Indicates otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person Identified on line 1 must sign. Exempt payees, see Fxempt payee code, earlier. Signature requirements. Complete the certification as indicated in items i through 5 below. CAo Form W-9 (Rev. 10-2018) 1, Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2, Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply, If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form, 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made In the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (ncluding payments to corporations), payments to a nonomployee for services, payments made In settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations), S. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions, You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account., I Give name and SSN of: 1, Individual 2. Two or more Individuals Quint account) other than an account maintained by an FFI 3. Two or more U.S. persons (joint account maintained by an FFI) 4. Custodial account of a minor (Uniform Gift to Minors Act) 5. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that Is not a legal or valid trust under state law 6. Sale propAutor6hip or disregarded entity owned by an Individual 7. Grantor trust filing under Optional Form 1099 Filing Method t (see Regulations section 1.671.4(b)(2)Q) The Individual The actual owner o1 the account or, it combined funds, the first Individual on the account' Each holder of the account The minorz The grantor -trustee The actual owner' The owner" The grantor' For this type of account: I Clive name and EIN of: 8, Disregarded entity not owned by an The owner individual 9, A valid trust, estate, or pension trust Legal entity" 10. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 11. Association, club, religious, The organization charitable, educational, or other tax- exempt organization 12. Partnership or multl-member LLC The partnership 13. A broker or registered nominee The broker or nominee For this type of account: 1 Give name and EIN of: 14. Account with the Department of The public entity Agriculture In the name of a public entity (such as a state or local government, school district, or prison) that recalves agricultural program payments 15. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 {see Regulations section 1,671-4(b)(2)(i)p)) I List first and circle the name of the person whose number you furnish. 1f only one person on a joint account has an SSN, that person's number must be furnished. Circle the minor's name and furnish the minor's SSN. s You must show your Individual name and you may also enter your business or DBA name on the "Business name/disregarded entity" name fine. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. List first and circle the name of the trust, estate, or pension trust, (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules forpartnerships, earlier, *Note. The grantor also must provide a Form W-9 to trustee of trust. Note: If no name Is circled when more than one name Is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records From Identity Theft Identity theft uccurs when someone uses your personal information such as your name, SSN, or other Identifying Information, without your permission, to commit fraud or other crimes. An Identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. if your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or Iottor. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800.908-4490 or submit Form 14039, For more information, see Pub. 5027, Identify Theft Information for Tax payers. Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help In resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calting the TAS toll -free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious entails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emalls and websites. The most common act is sending an small to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft, C AO Form W-9 (Rev, 10-2018) The IRS does not Initiate contacts with taxpayers via emails. Also, the IRS does not request personal dotailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IFIS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration fTIGTA) at 1-800-366-44K You can forward suspicious emails to the Federal Trade Commission at spam@uce.gov or report them at w�"v.ttc.govlcompfainf. You can contact the FTC at wivw.fic.gov/ldlheff or B77-IDTHEFT (877-438-4338), If you have been the victim of Identity theft, see www.fdontilyTheft.gov and Pub. 5027. Visit www-lrs.govlldentllyTheft to learn more about identity theft and how to reduce your risk. Page 6 Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to Tile information returns with the IRS to report Interest, dividends, or certain other income paid to you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the Information on the form to file Information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to eities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism, You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. CAO 7l18/23, 1 UG AM My Company Profile I E-Verify An official website of the United States government Here's how you know E-Verify My Company Profile Company Information Company Name Heatherwood Construction Company Doing Business As (DBA) Name Heatherwood Construction Company Company ID 426248 Enrollment Date Jun 24, 2011 Employer Identification Number (EIN) 840838698 Unique Entity Identifier (UEI) DUNS Number Total Number of Employees 10 to 19 NAICS Code https:lleverify,uscis.govtar-counUcompanylprofile Menu S AO 113 7118/23, 10:35 AM 236 Sector Construction Subsector Construction of Buildings Edit Company Information Employer Category Employer Category None of these categories apply Edit Employer Category Company Addresses Physical Address 8880 Terrene Court Bonita Springs, FL 341359524 Mailing Address Same as Physical Address Edit Company Addresses My Company Profile I E-Verify https:/leverify.uscis.gov/account/Gompany/profile t tit_.` 2/3 7118/23, 10:35 AM My Company Prorrle I P-Verify Hiring Sites We have implemented a new policy and require more information for existing and future hiring sites. Number of Sites Edit Hiring Sites Company Access and MOU My Company is Configured to: Verify Its Own Employees Memorandum of Understanding View Current MOU U.S. Department of Homeland Security- U.S. Citizenship and Immigration Services Accessibility_ Plug -ins Site Map Ell https7i/everify.uscis.gov/accounLtcompany/profile 313 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Erik Squibb Rick Mercer Personnel Catego Construction Superintendent Project Manager 10 Construclion Services Agreement: [2023_ver.2] CAQ EXHIBIT B-1: PUBLIC PAYMENT BOND Bond No. 7so114sst2 Contract No, 2M096 KNOW ALL MEN BY THESE PRESENTS: Thal Heathenvood Construction Company as Principal, and Nationwide Mutual Insurance Company , as Surety, located at One West Nationwide Boulevard Columbus, OH 43215 (Business Address) are held and firmly bound to Board of County Commissioners of Collier county, Florida as Obligee in the SUM Of Five Million Three Hundred Forty Thousand Five Hundred Seventy One and 00/100- ($ 5,340,571.00 )for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered Into a contract dated as of the _ day of 2023 with Obligee for Pelican Bay New Maintenance Facility - Bid #23-809e In Naples. FLU accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or Indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains In full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of kicA #,� 2023 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of Its governing body. 11 Conslmcllon Services Agreement: (2023_ver.2j �:A� Signed, sealed and delivered in the presence of: _ as to Principal STATE OF lore da- COUNTY OF PRINCIPAL Heaiherwood Construction Company BY: NAME: t✓ The foregoing instrument was ackwledged before me by means of 1physical presence or ❑ online notarizatloq ``his 3 day of 20 c)f6 by 11Jp 1�tYi R F1 Jic0¢d as of _jjeAL%WwPA a sdw a corporation, on behalf of the corporation. He/she Is personally known to me OR has produced as identification and did (did not) an oath. My Commission Expires: :r^ a• ?c : SUSAN N. MEINKET MYCOMMISSION I1HH 229092 '' eP' EXPIRES: February 17, 2020 ••%f,°r h.•• (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety .Pl nature oMotary Public) NAME: SuSa.. �'YY4c nIcA� (Legibly Printed) Notary Public, State of —icn Commission No.: 43- I SURETY: Nationwide Mutual Insurance Company (Printed Name) (Business Address (Authorized Signature) (Printed Name) iz Consuucilon Services Agreement: I2023_ver.2J CAO OR Witnesses STATE OF Wisconsin COUNTY OF Kenosha As Attorney in Fact (Attach Power of Attorney) Totltl Schaap (Printed Name) One West Nationwide Boulevard Columbus. OH 43215 (Business Address) 614-249-7111 (Telephone Number) The foregoing Instrument was acknowledged before me by m�ans of Etl physical presence or ❑ oNine notarization, this day of 2023 by Todd Schaap , as Attorney-in•Fso O f Nationwide Mutual Insurance Company a corporation, on behalf of the corporation. He/she is personally known to me OR has produced himself as identification and did (did not) take an oath. My Commission Expires:1/22/2026 �ce� (Signsfure of Not ry Public) Name: Kimberly S. Reach (Legibly Printed) (AF�F3C i iCfJ '4 I$�AQ Notary Public, State of: Wisconsin , """ •9di Commission No,: n/a �;' taOTARy':�%y g, Ogg 0,P •. ;ri;;OPiWISGI11�t�� 73 Construction Services Agraemeni: J2023_vec2J CAO EXHIBIT B-2: PUBLIC PERFORMANCE BOND Bond No. �so114551z Contract No. 23-8096 KNOW ALL MEN BY THESE PRESENTS: That Heetherwood Construction Company as Principal, and Nationwide Mutual Insurance Company as Surety, located at One West Nationwide Boulevard Columbus, Off 43215 Business Address) are oerd of County Commissioners of Collier County, rive nunarea as Obligee One and 00/1 M bound to in the sum of (� 5,340,571.00 )for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, Jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20 23 , with Obligee accordance with drawings and specifications, which contract Is lncorporatec by made a part hereof, and Is referred to herein as the Contract. THE CONDITION OF THIS BOND is that If Principal: day of for n ce and Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and HI damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not lim(led lo, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this on 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 Surely, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed In all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surely be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WI NESS WHEREOF, the above parties have executed this instrument this 3 ! �day of rsOJ" , 20 23 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of Its governing body. 14 Conslrucllon Services Agreement: 12023_ver.21 CA() Signed, sealed and delivered In th"mgvnce ot�7 as to Principal NAME: STATE OF Flori �C COUNTY OF PRINCIPAL BY: Company Tha foregoing instrument was acknswledged before me by means of t�physical presence or O online, notaritZation, this �— day of ¢.4� 20 a 33 , by W 14412 t.Li 64u as aesc �r of udk7A `4%^ 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. M Col i ' Le "�;:; SUSMN.MEINKET MY COMMISSION N HH 229992 oEXPIRES: February17.2028 (AFFIX OFFICIAL SEAL) (Sign9bWoR N(Mary Public) Name: .7 dg5 N . W. A k. k (Legibly Printed) Notary Public, State f I Commission No.: as qW 2 16 Conslmclion Services Aflreement: I2023_ven2t CAO ATTEST: Witnesses as to Surely I �JC Witnesses STATE OF wisconsin COUNTY OF Kenosha SURETY: Nationwide Mutual Insurance Company (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR �/ As Attorney in Fact (Attach Power of Attorney) Todd Schaap Printed Name) ne West Nationwide 9oulevartl Columbus, OH 43215 (Business Address) 614249,7111 (Telephone Number) The foregoing instrument was acknowledged before me by Ipeans of �l physical presence or ❑ online notarization, this Z"D day of � �Iw-.6•^- 20 23 by Todd Schamp as Attorney-In•Fact Of Nationwide Mutual Insurance Company a Ohio corporation, on behalf of the corporation. He/she is personally known to me OR has produced himself as Identification and did (did not) take an oath. My Commission Expires: 1/22J2026 p (Signal Ire of Nota Public) Kimberly S. Rasch (Legibly Printed) (AFFIX 01�)L?0j; Notary Public, State of: Wisconsin ••' S Commission No.: We =� t\oTARy'�y . boa ,a '°Uj3L\C ,�_; Conslruclion Servloes Agreement: (2023_ver.21 `` .dAl1S Gp. intt�� CAO Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company and collectively as the Companies" does hereby make, constitute and appoint: DANIEL H GIBSON; DAVIDJ RUDNIK; THOMAS O CHAMBERS; TODD SCHAAP; each in their individual capacity, its true and lawrul attorney -in -fact, with full power and authority to sign, seal, and execute on Its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: °RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attomeys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of Indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to madly or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." 'RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents.' This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to at or attest all approved documents, Instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021. �1 Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT �.uN,l STATE OF NEW YORK COUNTY OF NEW YORK: as A, ., ,' On this 20th day of August, 2021, before me came the above -named officer for the Company il'/ aforesaid, to me personally known to be the officer described in and who executed the preceding ', SEAL ).' Instrument, and he acknowledged the execution of the same, and being by me duly ".' 11 sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed 4ti4*. W" a, hereto hereto is the corporate seal of said Company, and the said corporate seal and his signature were 1 duly affixed and subscribed to said instrument by the authority and direction of said Company. Stephanie RubinoMWlhur $]/��r�.. p(//�� Notary Publk, Stela or New Vork P�yU(f•� `%/� _��^ No. In Now ori; C pualim In New Yak County rglN. a,Nc ComMssionE res October 19 2024 my caws OdoEer 9.2021 49.2024 CERTIFICATE I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney Issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IHEEOF, 1 have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 2 r ay of OV CM 1✓� 2023 �a rj- Assistant Secretary BDJ 1(08-21)00 EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waiver's in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due 17 Construction Services Agreement: [2023_ver.2] cj\{" Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 construction services Agreement: [2023_ver.2] CAO EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material - men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: President [Corporate Sea]] The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 1 20 by as of on behalf of the corporation. He/she My Commission Expires: (AFFIX OFFICIAL SEAL) ,a is personally known to me OR _ as identification and did (did not) take an oath. (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: _ corporation, has produced 19 Construction Services Agreement: [2023_ver,21 CAO EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier Count Board of County Commissioners the OWNER or Collier County Water -Sewer Owner's Project Manager's Name: Bid No. Project No. Count 's Division Name Purchase Order No. Submitted by Contractor Representative: Name Application Date: Contractor's Name & Address: Payment Application No. Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & Stored to Date: $ Retainage @5% through Insert Date $ Retainage @ 5% through [Insert date $ Retainage @ % after Insert date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment(s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: % Liquidated Damages to Be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. a ment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: ignature: Date: a ment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended by; wner's Project Manager Name: ignature: Date: 20 Construction Services Agreement: (2023_ver.2] CAO EXHIBIT D (Continued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: ITFM NUMBER DESCRIPTION SCHEDULED VALUE WORK COMPLETED STORED MATERIALS TOTAL COMPLETED &STORED TO DATE PERCENT COMPLETE BALANCE TORMSH 5% REfAINAGE _% RETAWAGE p,ell«e„ry TOTAL RETAINAGE WITHHELD PREVIOUSAPPLICATIONS THIS PERIOD THRUDATE SINCEOATE TOTALS ' Explanation For the two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue comes into play. If this happens, all information up to the date of the % change in retainage is placed in the Thru Date column. information after that date is placed in the Since Date column. This states what has happened since the change in retainage. 21 Construction Services Agreement: [2023—ver.2[ CAO Exhibit D (Continued) Stored Materials Record Formula: A+B-C-D=E A B C D E Date Description Supplier Invoice Number Previously Received Received This Period Previously Installed Installed This Period Balance To Install 22 Construction Services Agreement: 12023_ver.21 CAO EXHIBIT E: CHANGE ORDER Collier County Procurement Services Change Order Form ❑ Contract Modifcatlon ❑ Work Order Modification Contract M Change ME= Purchase Order#: Project #: Contractor/Firm Name: ContractlProject: Project Manager Name: Division Name: Original ContractlWork OrderAmount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda hem # Current ContractlWork Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/01 Total Change from Original Amount Revised ConlfactlWork OrderTolal S 0.00 #DIVI01 Change from Current BCC Approved Amount Cumulative Chan es & 0.0011.#DIV1011 Chan a from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed � Original Last Approved Revised Date Dale Completion Date Rate (includes this change) # of Days Added Select Tasks ❑ Add new tasks) ❑ Delete tasks) [:]Change task(s) ❑ Other Provide a response to the following: 4.) detailed and specific explanationfrationale of the requested change(s) to the task(s) and I or the additional days added (if requested); 2,) why this change was not included in the original contract; and, 3.) describe the impact tms enange is not processes. Auacn aoanionai inrormauon rrom me uesign rroress=ai anuror c,omraciur a neeoeu. Prepared by: (Project Manager Name and Division) Date: Acceptance of this Change Order shall constitute a modification to contract I work order identified above and will be subject to all the same terms and conditions as contained in the contract I 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 l Vendor/ Consultant I Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Dale: (Contractor! Vendor! Consultant I Design Professionar and Name of Firm, it project applicable) Accepted by: Dale: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Division Director or Designee) Approved by: Dale: (Procurement Professional) ♦-eavked.44�:i:'U2i ?L'-si<.ic,n,stii:a�,s1yrer[uiieas iron s'grtahu�rmayir�citrleons sa4esf,satJ Fao--lsr[:L:iurer,!sry Ae-k' eceer 23 Construction Services Agreement: [2023_Ver.21 CAO Change Order/Amendment Summary CO# AMD# Description COST TIME Justification Additive Deductive Days Added New Amount + REvised. 0 VH)2©2t (Oivisicms whri may requJu ad(ttion,t szgnatutos riiiy mdude on se"We-OAA) FlOCGAEFFENT USE ONLY ft� scc a 24 Construction Services Agreement: [2023_ver.2] CAO OWNER'S Project No. PROJECT: CONTRACTOR: Contract For Contract Date EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL. COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents, The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion, The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: 25 Construction Services Agreement: [2023_ver.2] CAO OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on OWNER By: Type Name and Title 20 20 20 26 Construction Services Agreement: [2023_ver.2] ' A 0 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: The following items have been secured by the for the Project known as PO No.: Date: and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 10. 11. 12. All Punch list items completed on Warranties and Guarantees assigned to Owner (attach to this form). Effective date of General one-year warranty from Contractor is: 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). As -Built drawings obtained and dated: Owner personnel trained on system and equipment operation. Certificate of Occupancy No.: issued on (attach to this form). Certificate of Substantial Completion issued on Final Payment Application and Affidavits received from Contractor on: Consent of Surety received on Operating Department personnel notified Project is in operating phase. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by NIA. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor. - By Design Professional: By Owner: mpany Name) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 27 Construction Services Agreement: [2023_ver.2] WN-01 EXHIBIT H: GENERAL TERMS AND CONDITIONS INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 28 construction services Agreement: [2023_ver.2] CAO 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"), The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 29 Construction Services Agreement: (2023_ver.2) AO limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager, 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds, 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of safe, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 30 Construction Services Agreement: t2023_ver.21 CAi_? stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "caches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 31 Construction Services Agreement: [2023_ver.2] CAO 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents, The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor" and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 5A If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except 32 Construction Services Agreement: [2023_ver.2] those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests trust be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the .substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 33 Construction Services Agreement: 12023_ver.21 GAO 7,5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. B. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 81.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8A .9 A list of all visitors to the Project 8.1.1 Q Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents, 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes 34 Construction Services Agreement: (2023_ver.21 made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordReciuest(@colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 35 Construction Services Agreement: [2023_ver.2] (_ .Au 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. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering fife or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 36 Construction Services Agreement: 12023—ver.21 CAO 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%), All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change, 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of 37 Construction Services Agreement: 12023_ver.2] S�fi�1 the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by 38 Construction services Agreement: [2023_ver.2] CAO any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services, Contractors 1 Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 39 Construction Services Agreement: [2023_ver.2] If the BidderlContractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's 1 Contractor's Pronosal may be deemed non- responsive_. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. i[:-&,Ri1r]►lIT, I;I!1110 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 40 Construction services Agreement: [2023_ver.2] t A0 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 41 Construction Services Agreement: 12023_ver.2] CA(I or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does 42 Construction Services Agreement: [2023_ver.2] t '_�0 not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's 43 Construction services Agreement: 12023_ver.21 t A expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. ►k 9*3&y,VI1011111L4R-W*Qi[Qi1,1.11 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, 44 Construction Services Agreement: (2023_ver.2] L. AO Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 if the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs 45 Construction Services Agreement: [2023_ver.2] CA() of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair- and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24, SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone forwhom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional 46 Construction services Agreement: 12023_ver.2] shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. 47 Construction Services Agreement: [2023_ver.2] Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; as Construction services Agreement: [2023_ver.21 CA 0 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 49 Construction Services Agreement: [2023_ver.2] CAO 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sales tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. so Construction services Agreement: [2023_ver.21 CAO The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor, Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 16% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract 51 Construction Services Agreement: 12023_ver.21 t. A0 price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES, 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 52 Construction services Agreement: [2023_ver.2] Cti () 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPSa,coIIiercountyfI.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 53 Construction Services Agreement: [2023_ver.2] C A _r 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30130A; FDEP chapter 62 regulations; specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing 1 will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials 1 petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD most approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous, Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 54 Construction Services Agreement: 12023_ver.21 CAO EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ® Attached hereto, following this page ❑ Not Applicable 55 Construction Services Agreement: [2023_ver.2] CAU EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS The parties (Collier County and Contractor) agree to amend the Agreement within no later than ninety (90) days of the effective date to comply with legislative changes to Fla. Stat., §218.735, Timely payment for purchases of construction services, Fla. Stat., § 255.074, Procedures for calculation of payment due dates, Fla. Stat., §255.077, Project closeout and payment of retainage, and Fla. Stat,, §255.078, Public construction retainage, (with an effective date of July 1, 2023). Page 1 of 1 ('I,I1O