Agenda 12/12/2023 Item #16B21 (Change Order No. 2 with Zep Construction)12/12/2023
EXECUTIVE SUMMARY
Recommendation to approve administratively approved Change Order No. 2, under Agreement No. 21-7850
with Zep Construction, Inc., for the “11 Bridge Replacement, Package B” project, for additional items
covered by the Owner’s Allowance, and authorize the Chairman to sign the attached change order. (Project
66066)
OBJECTIVE: To obtain approval of Change Order No. 2 to utilize the Owner’s Allowance - Structures to pay for
the temporary traffic signals, additional performed pile lengths, and adding a new task for four type B fence gates at
bridge 034834.
CONSIDERATIONS: On May 11, 2021 (Agenda Item 11.D), the Board approved Agreement No. 21-7850 (the
“Agreement”) providing for the 11 Bridge Replacement Project, Package B with Zep Construction, Inc., The
attached Change Order No. 2 proposes to use the Owner’s Allowance - Structures designated funds to pay for: (1)
existing pay item, ‘Temporary Traffic Signals’ on bridges 034834, 034835 and 034836 at a cost of $36,889.16; (2)
additional existing pay item “Pre stressed Concrete Piling, 18” SQ” for bridges 034834, 034835, 034836 and
034841 at a cost of $39,501.87; and (3) a new pay item consisting of four “Type B Fence Gates” at bridge 034834
at a cost of $7,660.09, which are being added as a new pay item to the contract. The total money recommended to
be allocated from the Owner’s Allowance - Structures category to the pay for those items is $84,051.12.
The recommended Change Order seeks to utilize the Owner’s Allowance because new pay items for gates are being
added to the Agreement that were not anticipated before the project was bid. The gates will help accommodate for
future bridge inspections and maintenance. The existing pay items being overrun are due to unforeseen depth and
elevation corrections for the performing of bridge piles, along with the estimated durations of temporary traffic
signals being exceeded, due to bridge phasing intervals changing.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective
transportation system to reduce traffic congestion and improve the mobility of our residents and visitors.
FISCAL IMPACT: Funds are available in allowances under the original board approved contract. Funding is
available in the Infrastructure Sales Tax Fund (3018) within the Bridge and Structure Project (66066). The funding
source is infrastructure sales tax.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long-Range Transportation
Plan and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the
major roadway system at an acceptable Level of Service.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. -SRT
RECOMMENDATION: That the Board approve administratively approved Change Order No. 2, under
Agreement No. 21-7850 with Zep Construction, Inc., for the “11 Bridge Replacement, Package B” project, for
additional items covered by the Owner’s Allowance, and authorize the Chairman to sign the attached change order.
(Project 66066)
Prepared by: Julio Castro, Field Inspector II, Transportation Engineering Division
ATTACHMENT(S)
1. [Linked] 21-7850-ST ZepConstruction_Contract (PDF)
2. CO#02 11 Brdg PkgB_Zep Closed_RLS 12-12-2023 (PDF)
16.B.21
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12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.21
Doc ID: 27216
Item Summary: Recommendation to approve administratively approved Change Order No. 2, under Agreement
No. 21-7850 with Zep Construction, Inc., for the “11 Bridge Replacement, Package B” project, for additional items
covered by the Owner’s Allowance, and authorize the Chairman to sign the attached change order. (Project No.
66066)
Meeting Date: 12/12/2023
Prepared by:
Title: – Transportation Engineering
Name: Kimberly Brandes
11/08/2023 3:21 PM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
11/08/2023 3:21 PM
Approved By:
Review:
Transportation Engineering Matthew Thomas Additional Reviewer Completed 11/15/2023 2:53 PM
Transportation Management Services Department Jeanne Marcella Transportation Management Services
Department Completed 11/16/2023 7:48 AM
Growth Management Community Development Department Jeanne Marcella Additional Reviewer Skipped
11/16/2023 7:50 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/16/2023 10:36 AM
Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 11/16/2023 11:10 AM
Road Maintenance Ellen Sheffey Additional Reviewer Completed 11/16/2023 12:51 PM
Transportation Management Operations Support Tara Castillo Additional Reviewer Completed
11/16/2023 4:08 PM
Transportation Management Services Department Trinity Scott Transportation Completed
11/16/2023 6:32 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/21/2023 11:34 AM
Procurement Services Sandra Herrera Procurement Director Review Completed 11/27/2023 10:07 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/27/2023 10:17 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/27/2023 10:34 AM
Community & Human Services Maggie Lopez Additional Reviewer Completed 11/30/2023 10:02 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/06/2023 4:07 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
16.B.21
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CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with Zep Construction, Inc. ("Contractor") of 7802 Jean Blvd., Fort Myers, FL
33967, a Florida Profit Corporation, authorized to do business in the State of Florida, to perform
all work ("Work") in connection with Bridge Replacement-Bridge Package B- 4 Bridges-IMM-
Countyline Rd, Invitation to Bid No. 21-7850-ST ("Project"), as said Work is set forth in the Plans
and Specifications prepared by HNTB Corporation, 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: Nine Million Two Hundred Eighty-Five Thousand Four Hundred Seventy-Six
Dollars and Forty-Three Cents ($9,285,476.43).
Section 4. Bonds.
A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten
by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner;
provided, however, the surety shall meet the requirements of the Department of the Treasury
Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal
Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via
the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less
1
Construction Services Agreement:Revised 01.28.21 (v9)
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 eight hundred eighty-two(882) 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, Three
Thousand Seven Hundred Fifty-Six Dollars ($3,756.00) 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:Revised 01.28.21 (v9)
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 21-7850-ST "Bridge Replacement - Bridge
Package B —4 Bridges — IMM- Countyline Rd".
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 n Not Applicable
Exhibit B-3: Insurance Requirements
Exhibit C: Release and Affidavit Form
Exhibit D: Contractor Application for Payment Form
3
Construction Services Agreement:Revised 01.28.21 (v9)
Exhibit E: Change Order Form
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final Payment Checklist
Exhibit H: General Terms and Conditions
Exhibit I:Supplemental Terms and Conditions X Applicable Not Applicable
The following documents are expressly agreed to be incorporated by reference and made a part
of this Agreement for Solicitation 21-7850-ST "Bridge Replacement - Bridge Package B — 4
Bridges — IMM- Countyline Rd". The complete contract documents, including Addendum with
attachments, are available on the County's on-line bidding system:
https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated
agreement executed by the parties.
Sections corresponding to any checked box ( ) expressly apply to the terms of this Agreement
and are available through the County's on-line bidding.
Exhibit J: Technical Specifications
Exhibit K: Permits
nExhibit L: Standard Details
f Exhibit M: Plans and Specifications prepared by HNTB Corporation
Exhibit N: Environmental Health and Safety Requirements for Construction Projects
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the Owner
shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the
following:
Collier County Board of County Commissioners, FL
c/o Transportation Engineering Division
2885 Horseshoe Drive S
Naples, FL 34104
Attn: Marlene Messam, Principal Project Manager
Phone: (239) 252-5773
Email: Marlene.Messam(a colliercountyfl.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:
Zep Construction, Inc.
7802 Jean Blvd
Fort Myers, Florida 33967
Attn: Jovan Zepcevski, President
Phone: (239) 267-8778
Email: Zepcom(caol.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:Revised 01.28.21 (v9)
Cp,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. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
5
Construction Services Agreement:Revised 01.28.21 (v9)
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.
6
Construction Services Agreement:Revised 01.28.21 (v9)
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
CONTRACTOR:
TWO WITNESSES:Zep Construe , Inc.
li i
FI T WITNESS N
y. A ,r w By:
Print Name i
Print a and Title Date
S ONDWITNESS
JA)t '/4c lnd 411
Print Name
Date: W//0/
i
ATTEST: OWNER:
Crystal K.`Kinzel; Clerk of Courts BOARD OF COUNTY COMMISSIONERS
Comptroller OF COLLI R NTY FLORIDA
BY BY:
PENNY T Chair
Aftestasto chairman's
signature only.
Ap as to Fo and Legality:
Ateistarlt County Attorney
utr4,1
c. ye_ -e....4— .--i - .- ,_
Print Na"rM1a
Construction Services Agreement:Revised 01.20.21 (v8) o
EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE
FOLLOWING THIS PAGE)
8
Construction Services Agreement:Revised 01.28.21 (v9)
21-7850-ST Bridge Replacement-Bridge Package B-4 Bridges-Immok-Countyline Rd(Bridges
034834/ 034835/ 034836/034841)
ZEP CONSTRUCTION,INC
ITEM NO. PAY ITEM NO. DESCRIPTION UNIT EST,QTY. UNIT PRICE PAY ITEM TOTAL
COLLIER COUNTY
1 CC 950.RDW OWNER ALLOWANCE-ROADWAY T&M 1 $126,148.22 126,148.22
2 CC 950-STR OWNER ALLOWANCE-STRUCTURES T&M 1 $232,525.41 232, 525.41
3 CC 950-SPM OWNER ALLOWANCE-SIGNING 8 PAVEMENT MARKING T&M 1 1,937.98 1,937.98
4 CC 950-MSC OWNER ALLOWANCE-OTHER;MISCELLANEOUS T&M 1 60,005.77 60,005.77
ALLOWANCE SUBTOTAL $420,617.38
BM8t 9
ROADWAY
1 0101 1 MOBILIZATION(NOT TO EXCEED 10%OF TOTAL.OF ITEMS 3.71) LS 1 $176,750.00 176,750.00
2 0102 1 MAINTENANCE.OF TRAFFIC(NOT TO EXCEED 10%OF TOTAL OF ITEMS 3-71) LS 1 $115,722.00 115,722.00
3 0101 1 1 PROVIDE/MAINTAIN"AS BUILT" LS 1 3,324.00 3,324.00
4 0102 2 1 SPECIAL DETOUR 1 LS 1 $122,201.00 122, 201.00
5 0102 2 2 SPECIAL DETOUR 2 LS 1 90,000.00 90,000.00
6 0102 60 WORK ZONE SIGN ED 14070 0.21 2,954.70
7 0102 71 15 TEMPORARY BARRIER,F&I,ANCHORED LF 1368 28.80 39,398.40
8 0102 71 25 TEMPORARY BARRIER,REL,ANCHORED LF 144 13.90 2,001 60
9 0102 74 1 CHANNELIZING DEVICE-TYPE I,II,II,DI,VP,DRUM,OR LCD ED 47580 0.11 5,233.80
10 0102 74 2 CHANNELIZING DEVICE-TYPE III,6' ED 1500 0.22 330.00
11 0102 89 1 TEMPORARY CRASH CUSHION LO 4 968.00 3,872.00
12 0102 99 PORTABLE CHANGEABLE MESSAGE SIGN,TEMPORARY ED 628 9.69 6,085.32
13 0102 120 TEMPORARY TRAFFIC SIGNALS FOR LANE CLOSURES ED 600 302.45 181,470.00
14 0102 909 TEMPORARY RAISED RUMBLE STRIP ED 780 16.57 12,924.60
15 0102 911 2 PAVEMENT MARKING REMOVABLE TAPE,WHITE OR BLACK,SOLID LF 362 3.32 1,201.84
16 0107 1 LITTER REMOVAL AC 20. 38 59.07 1,203.85
17 0107 2 MOWING AC 17.53 104.04 1,823.82
18 0108 1 INSPECTION 8 SETTLEMENT MONITORING LS 1 6,628.00 6,628.00
19 0108 2 VIBRATION MONITORING LS 1 5,540.00 5,540.00
20 0110 1 1 CLEARING 8 GRUBBING AC 2.14 $5,346.00 11,440.44
21 0120 1 REGULAR EXCAVATION CY 240.2 25.92 6,225.98
22 0120 6 EMBANKMENT CY 3810.8 17.50 66,689.00
23 0160 4 TYPE B STABILIZATION SY 4568 7.20 32,889.60
24 0285702 OPTIONAL BASE,BASE GROUP 02 SY 154 35.45 5,459.30
25 0285709 OPTIONAL BASE,BASE GROUP 09 SY 3693 36. 56 135, 016.08
26 0334 1 52 SUPERPAVE ASPHALTIC CONCRETE,TRAFFIC B,PG76-22 TN 420.7 167.66 70,534.56
27 0337 7 81 ASPHALT CONCRETE FRICTION COURSE,TRAFFIC B,FC-12. 5,PG 76-22 TN 303.2 236.95 71,843.24
28 0339 1 MISCELLANEOUS ASPHALT PAVEMENT TN 46.0 250.36 11,516.56
29 0524 1 29 CONCRETE DITCH PAVEMENT 4",REINFORCED SY 66 92.18 6,083.88
30 0530 3 4 RIPRAP-RUBBLE(DITCH LINING) TN 2.4 221.58 531.79
31 0530 74 BEDDING STONE TN 1.8 221.58 398.84
32 0536 1 1 GUARDRAIL-ROADWAY,GENERAL TL-3 LF 613 26.28 16,109.64
33 0536 8 13 APPROACH TRANSITION CONNECTION TO RIGID BARRIER,FURNISH AND INSTALL,TL-3 EA 4 2,943.31 11,773.24
34 0536 73 GUARDRAIL REMOVAL LF 208 3.18 661.44
35 0536 85 24 GUARDRAIL END TREATMENT-PARALLEL APPROACH TERMINAL EA 4 3,074.00 12,296.00
36 0550 10 251 FENCING,TYPE B,8-10.0',W/BARB ATTMT(10') LF 604 33. 24 20,076.96
37 0550 10335 FENCING,TYPE R,6.1-7.0',VERTICAL LF 301 102.00 30,702.00
38 0570 1 2 PERFORMANCE TURF,SOD SY 3430 3.16 10,838.80
39 0700 11 111
ELECTRONIC DISPLAY SIGN,FURNISH&INSTALL GROUND MOUNT-AC POWERED,
AS 1 8,863.00 8,863.00
ELECTRONIC WARNING SIGN,UP TO 12 SF
40 0700 12 21 SIGN BEACON,F&I GROUND MOUNT-SOLAR POWERED,ONE BEACON AS 4 4,125 00 16,500.00
41 0710 11 101 PAINTED PAVEMENT MARKING,WHITE,SOLID,6" GM 0.810 $2,216.00 1,794.96
42 0710 11 125 PAINTED PAVEMENT MARKING,WHITE,SOLID,24" LF 57 2.22 126.54
43 0908 104 1 EROSION AND SEDIMENT CONTROL LS 1 11,683.00 11,683.00
ROADWAY SUBTOTAL $1,338, 719.79
SIGNING AND MARKING
21-7850-ST Bridge Replacement-Bridge Package B-4 Bridges-Immok-Countyline Rd(Bridge 034834) 1 of 6
ITEM NO. PAY ITEM NO. DESCRIPTION UNIT EST-QTY. UNIT PRICE PAY ITEM TOTAL
44 705.10-3 OBJECT MARKER,TYPE 3 EA 4 166.00 664.00
45 706-1- 1 RAISED PAVEMENT MARKER,TYPE B WITHOUT FINAL SURFACE MARKINGS(YEL/YEL) EA 54 4.43 239.22
46 710-90 PAINTED PAVEMENT MARKINGS,FINAL SURFACE LS 1 7,755.00 7,755.00
47 711-11-124 THERMOPLASTIC,STANDARD,WHITE,SOLID,18" LF 216 4.43 956.88
48 711-16-101 THERMOPLASTIC,STANDARD-OTHER,WHITE,SOLID,6" GM 0.315 $4,986.00 1,570.59
49 711-16-201 THERMOPLASTIC,STANDARD-OTHER,YELLOW,SOLID,6" GM 0.310 $4,986.00 1,545.66
50 713-103-101 PERMANENT TAPE,WHITE,SOLID,6",FOR CONCRETE BRIDGES GM 0.072 $29,912.00 2,153.66
51 713-103.201 PERMANENT TAPE,YELLOW,SOLID,6",FOR CONCRETE BRIDGES GM 0.072 $3,102.00 223.34
SIGNING AND MARKING SUBTOTAL $15,108.36
STRUCTURES
52 0110 3 REMOVAL OF EXISTING STRUCTURES/BRIDGES SF 2736 27.00 73,872.00
53 0400 2 10 CONCRETE CLASS II,APPROACH SLABS CV 74.2 512.00 37,990.40
54 0400 2 47 CONCRETE CLASS II,CAST-IN-PLACE TOPPING WITH SHRINKAGE REDUCING ADMIXTURE CY 126.5 984.00 $124,476.00
55 0400 4 5 CONCRETE CLASS IV,BRIDGE SUBSTRUCTURE CY 72.4 878.00 63,567.20
56 0400 9 BRIDGE DECK GROOVING&PLANING,DECK 8.5"AND GREATER SY 488 22.17 10,818.96
57 0400148 PLAIN NEOPRENE BEARING PADS CF 10.8 $1,027.00 11,091.60
58 0415 1 4 REINFORCING STEEL-BRIDGE SUPERSTRUCTURE LB 29829 1.01 30,127.29
59 0415 1 5 REINFORCING STEEL-BRIDGE SUBSTRUCTURE LB 9384 1.17 10,979.28
60 0415 1 9 REINFORCING STEEL-APPROACH SLABS LB 12974 1.02 13,233.48
81 0450 8 13 PRESTRESSED BEAM:FLORIDA SLAB BEAM,BEAM DEPTH 12",WIDTH 55- 57" LF 959 199.20 191,032.80
62 0455 34 3 PRESTRESSED CONCRETE PILING,18"SO LF 1944 98.21 190,920.24
63 0455143 3 TEST PILES-PRESTRESSED CONCRETE,18"SQ LF 384 119.30 45,811.20
64 0458 1 11
BRIDGE DECK EXPANSION JOINT,NEW CONSTRUCTION,F&I POURED JOINT WITH BACKER
LF 171 42.23 7,221.33
65 0521 5 13 CONCRETE TRAFFIC RAILING-BRIDGE,36"SINGLE-SLOPE LF 300 111.00 33,300.00
66 0530 1 RIPRAP,SAND-CEMENT CY 107.6 630.00 67,788.00
67 0530 3 3 RIPRAP-RUBBLE,BANK AND SHORE TN 1059.2 $106.00 112,275.20
68 0530 74 BEDDING STONE TN 394.0 88.00 34,672.00
69 0550-1-0325 TENCINC,TYPE r.6.1 6. 0',VERTICAL 6.F. 340 8040 SO-40
70 0630 2 16 CONDUIT,FURNISH&INSTALL,EMBEDDED-RAILINGS LF 902 13.50 12,177.00
71 0635 3 13 JUNCTION BOX,FURNISH&INSTALL,EMBEDDED EA 12 55.00 660.00
STRUCTURES SUBTOTAL- S1,072,013.98
TOTAL BASE BID-ELEVEN BRIDGE REPLACEMENTS BRIDGE 034834Z1" x84213
BRIDGE 034835
ITEM NO, I PAY ITEM NO. DESCRIPTION(BRIDGE 034835) I UNIT EST.On,.I UNIT PRICE 1:,PAY ITEM TOTAL
ROADWAY
1 0101 1 MOBILIZATION(NOT TO EXCEED 10%OF TOTAL OF ITEMS 3.66) LS 1 $176,750.00 176,750.00
2 0102 1 MAINTENANCE OF TRAFFIC(NOT TO EXCEED 10%OF TOTAL OF ITEMS 3.66) LS 1 $115,722.00 115,722.00
3 0101 1 1 PROVIDE/MAINTAIN"AS BUILT" LS 1 3,324.00 3,324.00
4 0102 2 3 SPECIAL DETOUR 3 LS 1 $122, 201.00 122,201.00
5 0102 2 4 SPECIAL DETOUR 4 LS 1 90,000.00 90,000.00
6 0102 60 WORK ZONE SIGN ED 13320 0.21 2,797.20
7 0102 71 15 TEMPORARY BARRIER,F&I,ANCHORED LF 1224 28.80 35,251.20
8 0102 71 25 TEMPORARY BARRIER,F&I,ANCHORED LF 192 13.90 2,668.80
9 0102 74 1 CHANNELIZING DEVICE-TYPE I,II,II,DI,VP,DRUM,OR LCD ED 44640 0.11 4,910.40
10 010274 2 CHANNELIZING DEVICE-TYPE III,6' ED 1200 0.22 264.00
11 0102 89 1 TEMPORARY CRASH CUSHION LO 4 968.00 3,872.00
12 0102 99 PORTABLE CHANGEABLE MESSAGE SIGN,TEMPORARY ED 628 9.69 6,085.32
13 0102 120 TEMPORARY TRAFFIC SIGNALS FOR LANE CLOSURES ED 600 302.45 $181,470.00
14 0102 909 TEMPORARY RAISED RUMBLE STRIP ED 780 16.57 12,924.60
15 0102 911 2 PAVEMENT MARKING REMOVABLE TAPE,WHITE OR BLACK,SOLID LF 482 3.32 1,600.24.
16 0107 1 LITTER REMOVAL AC 20.37 59.07 1,203.26
17 0107 2 MOWING AC 17.74 104.00 1,844.96
18 0108 1 INSPECTION&SETTLEMENT MONITORING LS 1 7,954.00 7,954.00
19 0108 2 VIBRATION MONITORING LS 1 6,648.00 6,648.00
20 0110 1 1 CLEARING&GRUBBING AC 2.30 $5,345.00 12,293.50
21 0120 1 REGULAR EXCAVATION CY 251.9 28. 00 6,549.40
22 0120 6 EMBANKMENT CY 3735.4 17.50 65,369.50
23 0160 4 TYPE B STABILIZATION SY 4238 7.20 30, 513.60
24 0285709 OPTIONAL BASE,BASE GROUP 09 SY 3642 32. 68 $119,020.56
25 0334 1 52 SUPERPAVE ASPHALTIC CONCRETE,TRAFFIC B,PG76-22 TN 392.5 169.35 66,469.88
26 0337 7 81 ASPHALT CONCRETE FRICTION COURSE,TRAFFIC B,FC-12.5,PG 76-22 TN 294.4 237.98 70,061.31
21-7850-ST Bridge Replacement-Bridge Package B-4 Bridges-Immok-Countyline Rd(Bridge 034834) 2 OF 6
ITEM NO. PAY ITEM NO, DESCRIPTION UNIT EST.QTY. UNIT PRICE PAY ITEM TOTAL
27 0339 1 MISCELLANEOUS ASPHALT PAVEMENT TN 45.8 251.44 11,515. 95
28 0524 1 29 CONCRETE DITCH PAVEMENT 4",REINFORCED SY 69 92.18 6,360.42
29 0530 3 4 RIPRAP-RUBBLE(DITCH LINING) TN 4.8 221.58 1,063.58
30 0530 74 BEDDING STONE TN 3. 6 221.58 797.69
31 0536 1 1 GUARDRAIL-ROADWAY,GENERAL TL-3 LF 613 26.28 16,109.64
32 0536 8 13 APPROACH TRANSITION CONNECTION TO RIGID BARRIER,FURNISH AND INSTALL,TL-3 EA 4 2,944.00 11,776.00
33 0536 73 GUARDRAIL REMOVAL LF 223 3.10 691.30
34 0536 85 24 GUARDRAIL END TREATMENT-PARALLEL APPROACH TERMINAL EA 4 3,074.00 12,296.00
35 0570 1 2 PERFORMANCE TURF,SOD SY 4185 3.16 13,224.60
36 0700 12 21 SIGN BEACON,F&I GROUND MOUNT-SOLAR POWERED,ONE BEACON AS 4 4,125 00 16,500.00
37 0710 11 101 PAINTED PAVEMENT MARKING,WHITE,SOLID,6" GM 0.777 $2,216.00 1,721.83
38 0710 11 125 PAINTED PAVEMENT MARKING,WHITE,SOLID,24" LF 48 2.22 106.56
39 0908 104 1 EROSION AND SEDIMENT CONTROL LS 1 11,683.00 11,683.00
ROADWAY SUBTOTAL $1,251,615.30
SIGNING AND MARKING Vendor showed zero in formulae
40 705-10-3 OBJECT MARKER,TYPE 3 EA 4 166.00 664.00
41 706-1-1 RAISED PAVEMENT MARKER,TYPE B WITHOUT FINAL SURFACE MARKINGS(YELYEL) EA 53 4.43 234.79
42 710-90 PAINTED PAVEMENT MARKINGS,FINAL SURFACE LS 1 7,755.00 7,755.00
43 711-11-124 THERMOPLASTIC,STANDARD,WHITE,SOLID,18" LF 217 4.43 961.31
44 711-16-101 THERMOPLASTIC,STANDARD-OTHER,WHITE,SOLID,6" GM 0.314 $4,986.00 1,565.60
45 711-16-201 THERMOPLASTIC,STANDARD-OTHER,YELLOW,SOLID,6" GM 0.314 $4,986.00 1,565.60
46 713-103-101 PERMANENT TAPE.WHITE,SOLID,6",FOR CONCRETE BRIDGES GM 0.080 $29,912.00 2,392.96
47 713-103-201 PERMANENT TAPE,YELLOW,SOLID,6",FOR CONCRETE BRIDGES GM 0.080 $3,102.00 248.16
SIGNING AND MARKING SUBTOTAL $15,387.43
STRUCTURES
48 0110 3 REMOVAL OF EXISTING STRUCTURES/BRIDGES SF 3630 27.00 98,010.00
49 0400 2 10 CONCRETE CLASS II,APPROACH SLABS CY 74.2 520.00 38,584.00
50 0400 2 47 CONCRETE CLASS II,CAST-IN-PLACE TOPPING WITH SHRINKAGE REDUCING ADMIXTURE CY 150,0 992.00 148,800.00
51 0400 4 5 CONCRETE CLASS IV,BRIDGE SUBSTRUCTURE CY 90.7 873.00 79,181.10
52 0400 9 BRIDGE DECK GROOVING 8 PLANING,DECK 8. 5"AND GREATER SY 580 20.08 11,646.40
53 0400148 PLAIN NEOPRENE BEARING PADS CF 14.4 $1,027.00 14,788.80
54 0415 1 4 REINFORCING STEEL-BRIDGE SUPERSTRUCTURE LB 35335 1.00 35,335.00
55 0415 1 5 REINFORCING STEEL-BRIDGE SUBSTRUCTURE LB 11528 1.18 13,603.04
56 0415 1 9 REINFORCING STEEL-APPROACH SLABS LB 12974 1.02 13,233.48
57 0450 8 13 PRESTRESSED BEAM:FLORIDA SLAB BEAM,BEAM DEPTH 12",WIDTH 55- 57" LF 1129 200.63 226,511.27
58 0455 34 3 PRESTRESSED CONCRETE PILING,18"SO LF 2070 107.00 221,490.00
59 0455143 3 TEST PILES-PRESTRESSED CONCRETE,18"SO LF 420 150.00 63,000.00
60 0458 1 11
BRIDGE DECK EXPANSION JOINT,NEW CONSTRUCTION,F&I POURED JOINT WITH BACKER LF 213 42.00 8,946.00
ROD
61 0521 5 13 CONCRETE TRAFFIC RAILING-BRIDGE,36"SINGLE-SLOPE LF 340 111.00 37,740.00
62 0530 1 RIPRAP,SAND-CEMENT CY 89.2 629.00 56,106.80
63 0530 3 3 RIPRAP-RUBBLE,BANK AND SHORE TN 1185.2 $117.00 138,668.40
64 0530 74 BEDDING STONE TN 422.0 88.00 37,136.00
65 0630 2 16 CONDUIT,FURNISH 8 INSTALL,EMBEDDED-RAILINGS LF 1022 12.72 12,999.84
66 0635 3 13 JUNCTION BOX,FURNISH 8 INSTALL,EMBEDDED EA 12 55.00 660.00
STRUCTURES SUBTOTAL $1,256, 440.13
TOTAL BASE BID-ELEVEN BRIDGE REPLACEMENTS BRIDGE,034835 8a523,442.86
BRIDGE 034838
EI19 g r r PW DESCRIPT64404IOGE If t$ 1,UNIT j 5` i N ;PRI ' I PAY I`I" YF`•TOT
ROADWAY
1 0101 1 MOBII..IZATION(NOT TO EXCEED 10%OF TOTAL OF ITEMS 3-68) LS 1 $160,000.00 160,000.00
2 0102 1 MAINTENANCE.OF TRAFFIC(NOT TO EXCEED 10%OF TOTAL.OF ITEMS 3-68) LS 1 $115,722.00 115,722.00
3 0101 1 1 PROVIDE/MAINTAIN"AS BUILT" LS 1 3,324.00 3,324 00
4 0102 2 5 SPECIAL DETOUR 5 LS 1 $122,201.00 122, 201.00
5 0102 2 6 SPECIAL DETOUR 6 LS 1 90,000.00 90,000.00
6 0102 60 WORK ZONE SIGN ED 10710 0. 21 2,249.10
7 0102 71 15 TEMPORARY BARRIER,F&I,ANCHORED LF 948 28.80 27,302.40
8 0102 71 25 TEMPORARY BARRIER,REL,ANCHORED LF 132 13.90 1,834.80
9 0102 74 1 CHANNELIZING DEVICE-TYPE I,II, II,DI,VP,DRUM,OR LCD ED 40740 0.11 4,481.40
21-7850-ST Bridge Replacement-Bridge Package 8-4 Bridges-Immok-Countyline Rd(Bridge 034834) 3 OF 6
CA4
ITEM NO._. PAY ITEM NO. DESCRIPTION UNIT EST.QTY. UNIT PRICE PAY ITEM TOTAL
10 0102 74 2 CHANNELIZING DEVICE-TYPE III,6' ED 1080 0.22 237.60
11 0102 89 1 TEMPORARY CRASH CUSHION LO 4 968.00 3,872.00
12 0102 99 PORTABLE CHANGEABLE MESSAGE SIGN,TEMPORARY ED 448 9.69 4,341.12
13 0102 120 TEMPORARY TRAFFIC SIGNALS FOR LANE CLOSURES ED 420 302.45 127,029.00
14 0102 909 TEMPORARY RAISED RUMBLE STRIP ED 600 16.57 9,942.00
15 0102 911 2 PAVEMENT MARKING REMOVABLE TAPE,WHITE OR BLACK,SOLID LF 246 3.32 816.72
16 0107 1 LITTER REMOVAL AC 19.73 59.07 1,165.45
17 0107 2 MOWING AC 17.26 104.00 1,795.04
18 0108 1 INSPECTION&SETTLEMENT MONITORING LS 1 5,302.00 5,302.00
19 0108 2 VIBRATION MONITORING LS 1 5,540.00 5,540.00
20 0110 1 1 CLEARING&GRUBBING AC 2.05 $5,345.00 10,957.25
21 0120 1 REGULAR EXCAVATION CY 216.5 25.92 5,611.68
22 0120 6 EMBANKMENT CY 4270.7 17.50 74,737.25
23 0160 4 TYPE B STABILIZATION SY 4555 7.20 32,796.00
24 0285702 OPTIONAL BASE,BASE GROUP 02 SY 109 35.45 3,864.05
25 0285709 OPTIONAL BASE, BASE GROUP 09 SY 3790 32.68 123,857.20
26 0334 1 52 SUPERPAVE ASPHALTIC CONCRETE,TRAFFIC B,PG76-22 TN 419.9 168.86 70,904.31
27 0337 7 81 ASPHALT CONCRETE FRICTION COURSE,TRAFFIC B,FC-12.5,PG 76-22 TN 306.3 236.36 72,397.07
28 0339 1 MISCELLANEOUS ASPHALT PAVEMENT TN 45.8 251.44 11,515.95
29 0430 174 136 PIPE CULVERT,OPTIONAL MATERIAL,ROUND,36"SD LF 33 166.18 5,483.94
30 0430 984 138 MITERED END SECTION,OPTIONAL ROUND,36"SIDE DRAIN EA 2 4,570.00 9,140.00
31 0524 1 29 CONCRETE DITCH PAVEMENT 4",REINFORCED SY 108 87.00 9,396.00
32 0530 3 4 RIPRAP-RUBBLE(DITCH LINING) TN 4. 8 221.58 1,063.58
33 0530 74 BEDDING STONE TN 3.6 221.58 797.69
34 0536 1 1 GUARDRAIL-ROADWAY,GENERAL TL-3 LF 613 28.28 16,109.64
35 0536 8 13 APPROACH TRANSITION CONNECTION TO RIGID BARRIER.FURNISH AND INSTALL,TL-3 EA 4 2,943.31 11,773.24
36 0536 73 GUARDRAIL REMOVAL LF 204 3.20 652.80
37 0538 85 24 GUARDRAIL END TREATMENT-PARALLEL APPROACH TERMINAL EA 4 3,074.00 12,296.00
38 0570 1 2 PERFORMANCE TURF,SOD SY 3353 3.16 10, 595.48
39 0700 11 111
ELECTRONIC DISPLAY SIGN,FURNISH 8 INSTALL GROUND MOUNT-AC POWERED,
AS 1 8,863.00 8,863.00
ELECTRONIC WARNING SIGN,UP TO 12 SF
40 0700 12 21 SIGN BEACON,FBI GROUND MOUNT-SOLAR POWERED,ONE BEACON AS 4 4,125.00 16,500. 00
41 0710 11 101 PAINTED PAVEMENT MARKING,WHITE,SOLID,6" GM 0.804 $2,216.00 1,781.66
42 0710 11 125 PAINTED PAVEMENT MARKING,WHITE,SOLID,24" LF 64 2.22 142.08
43 0908 104 1 EROSION AND SEDIMENT CONTROL LS 1 11,683.00 11,683.00
ROADWAY SUBTOTAL $1,210,074.51
SIGNING AND MARKING
42 705-10-3 OBJECT MARKER,TYPE 3 EA 4 166.00 664.00
43 706-1-1 RAISED PAVEMENT MARKER,TYPE B WITHOUT FINAL SURFACE MARKINGS(YEUYEL) EA 52 4.43 230.36
44 710-90 PAINTED PAVEMENT MARKINGS.FINAL SURFACE LS 1 7,755.00 7,755.00
45 711-11-124 THERMOPLASTIC,STANDARD,WHITE,SOLID,18" LF 218 4.43 965.74
46 711-16-101 THERMOPLASTIC,STANDARD-OTHER,WHITE,SOLID,6" GM 0.330 $4,986.00 1,645.38
47 711-16-201 THERMOPLASTIC,STANDARD-OTHER,YELLOW,SOLID,6" GM 0.330 $4,986.00 1,645.38
48 713-103-101 PERMANENT TAPE,WHITE,SOLID,6",FOR CONCRETE BRIDGES GM 0.057 $29,912.00 1,704.98
49 713-103-201 PERMANENT TAPE,YELLOW,SOLID,6",FOR CONCRETE BRIDGES GM 0.057 $3,102.00 176.81
SIGNING AND MARKING SUBTOTAL $14, 787.66
STRUCTURES
50 0110 3 REMOVAL OF EXISTING STRUCTURES/BRIDGES SF 1812 27.00 48,924.00
51 0400 2 10 CONCRETE CLASS II,APPROACH SLABS CY 74.2 523.00 38,806.60
52 0400 2 47 CONCRETE CLASS II,CAST-IN-PLACE TOPPING WITH SHRINKAGE REDUCING ADMIXTURE CY 80.6 995.00 80,197.00
53 0400 4 5 CONCRETE CLASS IV,BRIDGE SUBSTRUCTURE CY 54.1 883.00 47,770.30
54 0400 7 BRIDGE DECK GROOVING,LESS THAN 8.5" SY 312 26.26 8,193.12
55 0400148 PLAIN NEOPRENE BEARING PADS CF 7.2 1,027.00 7,394.40
56 0415 1 4 REINFORCING STEEL-BRIDGE SUPERSTRUCTURE LB 18999 1.06 20,138.94
57 0415 1 5 REINFORCING STEEL-BRIDGE SUBSTRUCTURE LB 7240 1.18 8,543.20
58 0415 1 9 REINFORCING STEEL-APPROACH SLABS LB 12974 1.08 13,752.44
59 0450 8 13 PRESTRESSED BEAM:FLORIDA SLAB BEAM,BEAM DEPTH 12",WIDTH 55-57" LF 608 199.05 $121,022.40
60 0455 34 3 PRESTRESSED CONCRETE PILING,18"SQ LF 1140 111.00 126,540.00
61 0455143 3 TEST PILES-PRESTRESSED CONCRETE,18"SQ LF 235 160.00 37,600.00
62 0458 1 11
B PAKIUGtUtUKEXPANSION JUIN I.NtW GUNS I KUL I ION.F8.1 F'UUKtU JUIN I WI I 11 HACKER LF 128 42. 00 5,376.00
Rnrr
63 0521 5 13 CONCRETE TRAFFIC RAILING-BRIDGE,36"SINGLE-SLOPE LF 220 111.00 24,420.00
64 0530 1 RIPRAP,SAND-CEMENT CY 107.6 630.00 67,788.00
65 0530 3 3 RIPRAP-RUBBLE,BANK AND SHORE TN 1120.8 $101.00 113,200.80
21-7850-ST Bridge Replacement-Bridge Package B-4 Bridges-Immok-Countyline Rd(Bridge 034834) 4 OF 6
ITEM NO. PAY ITEM NO. DESCRIPTION UNIT EST.QTY. UNIT PRICE PAY ITEM TOTAL
66 0530 74 BEDDING STONE TN 416.4 88.00 36,643.20
67 0630 2 16 CONDUIT,FURNISH&INSTALL,EMBEDDED-RAILINGS LF 662 16.00 10,592.00
68 0635 3 13 JUNCTION BOX,FURNISH&INSTALL,EMBEDDED EA 12 55.00 660.00
STRUCTURES SUBTOTAL $817, 562.40
L EASE BID-ELEVEN BRIDGE REPLACEMENTS BRIDGE 034836 2,0420,a"'
BRIDGE 034841
ITEM NO. IPAY ITEM NO. DESCRIPTION(BRIDGE 034841) I UNIT I EST,QTY I UNIT PRICE I PAY ITEM,TUI.>'.I
ROADWAY
1 0101 1 MOBILIZATION(NOT TO EXCEED 10%OF TOTAL OF ITEMS 3.64) LS 1 $130,000.00 130,000.00
2 0102 1 MAINTENANCE OF TRAFFIC(NOT TO EXCEED 10%OF TOTAL OF ITEMS 3-64) LS 1 $115,722.00 115, 722.00
3 0101 1 1 PROVIDE/MAINTAIN"AS BUILT" LS 1 3,324.00 3,324.00
4 0102 2 7 SPECIAL DETOUR 7 LS 1 $122,201.00 122,201.00
5 0102 2 8 SPECIAL DETOUR 8 LS 1 90,000.00 90,000.00
6 010260 WORK ZONE SIGN ED 8280 0.21 1,738.80
7 0102 71 15 TEMPORARY BARRIER,F&I,ANCHORED LF 1308 28.80 37,670,40
8 0102 71 25 TEMPORARY BARRIER.REL,ANCHORED LF 300 13.90 4,170.00
9 0102 74 1 CHANNELIZING DEVICE-TYPE I,II, II,DI,VP,DRUM,OR LCD ED 38910 0.11 4,280.10
10 0102 74 2 CHANNELIZING DEVICE-TYPE III,6' ED 840 0. 22 184.80
11 0102 89 1 TEMPORARY CRASH CUSHION LO 4 968.00 3,872.00
12 0102 99 PORTABLE CHANGEABLE MESSAGE SIGN,TEMPORARY ED 448 9.69 4,341.12
13 0102 120 TEMPORARY TRAFFIC SIGNALS FOR LANE CLOSURES ED 420 302.45 $127,029.00
14 0102 909 TEMPORARY RAISED RUMBLE STRIP ED 600 16.57 9,942.00
15 0102 911 2 PAVEMENT MARKING REMOVABLE TAPE,WHITE OR BLACK,SOLID LF 240 3.32 796.80
16 0107 1 LITTER REMOVAL AC 39.75 59.07 2,348.03
17 0107 2 MOWING AC 37.08 104.00 3,854.24
18 0108 1 INSPECTION&SETTLEMENT MONITORING LS 1 5,302.00 5,302.00
19 0108 2 VIBRATION MONITORING LS 1 5,539.00 5,539.00
20 0110 1 1 CLEARING&GRUBBING AC 2.12 $5,346.00 11,333.52
21 0120 1 REGULAR EXCAVATION CY 158.4 25.92 4,053.89
22 0120 6 EMBANKMENT CY 2962.0 17.50 51,835.00
23 0160 4 TYPE B STABILIZATION SY 5058 7.20 36,417.60
24 0285703 OPTIONAL BASE,BASE GROUP 03 SY 4355 29.36 127,862.80
25 0334 1 52 SUPERPAVE ASPHALTIC CONCRETE,TRAFFIC B,PG76-22 TN 356.4 175.44 62,526.82
26 0339 1 MISCELLANEOUS ASPHALT PAVEMENT TN 39.7 252.64 10,029.81
27 0524 1 29 CONCRETE DITCH PAVEMENT 4",REINFORCED SY 53 92.18 4,885.54
28 0530 3 4 RIPRAP-RUBBLE(DITCH LINING) TN 2.4 221.58 531.79
29 0530 74 BEDDING STONE TN 1.8 221.58 398. 84
30 0536 1 1 GUARDRAIL-ROADWAY,GENERAL TL-3 LF 538 26.28 14,138.64
31 0536 8 13 APPROACH TRANSITION CONNECTION TO RIGID BARRIER,FURNISH AND INSTALL,TL-3 EA 4 2,944.00 11,776.00
32 0536 73 GUARDRAIL REMOVAL LF 304 2.83 860.32
33 0536 85 24 GUARDRAIL END TREATMENT-PARALLEL APPROACH TERMINAL EA 4 3,074.00 12,296.00
34 0570 1 2 PERFORMANCE TURF,SOD SY 3219 3.16 10,172.04
35 0700 12 21 SIGN BEACON,F&I GROUND MOUNT-SOLAR POWERED,ONE BEACON AS 4 4,125.00 16,500.00
36 0710 11 101 PAINTED PAVEMENT MARKING,WHITE,SOLID,6" GM 0.924 $2,216.00 2,047.58
37 0710 11 125 PAINTED PAVEMENT MARKING,WHITE,SOLID,24" LF 52 2.22 115.44
38 0908 104 1 EROSION AND SEDIMENT CONTROL LS 1 11.683.00 11,683.00
ROADWAY SUBTOTAL $1,061,779.92
SIGNING AND MARKING
39 705-10-3 OBJECT MARKER,TYPE 3 EA 4 166.00 664.00
40 706-1- 1 RAISED PAVEMENT MARKER,TYPE B WITHOUT FINAL SURFACE MARKINGS(YEL/ YEL) EA 60 4.43 265.BO
41 710-90 PAINTED PAVEMENT MARKINGS,FINAL SURFACE LS 1 7,756.00 7,756,00
42 711-16-101 THERMOPLASTIC,STANDARD-OTHER,WHITE,SOLID,6" GM 0.387 $4,986.00 1,929.58
43 711-16-201 THERMOPLASTIC,STANDARD-OTHER,YELLOW,SOLID,6" GM 0.386 $4,986.00 1,924 60
44 713-103-101 PERMANENT TAPE,WHITE,SOLID,6",FOR CONCRETE BRIDGES GM 0.061 $29,912.00 1,824 63
45 713-103-201 PERMANENT TAPE,YELLOW,SOLID,6",FOR CONCRETE BRIDGES GM 0.061 $29,912.00 1,824.63
SIGNING AND MARKING SUBTOTAL $16,189.24
STRUCTURES
46 0110 3 REMOVAL OF EXISTING STRUCTURES/BRIDGES SF 1800 27.00 48,600.00
47 0400 2 10 CONCRETE CLASS II,APPROACH SLABS CY 74.2 524.00 38, 880.80
48 0400 2 47 CONCRETE CLASS II,CAST-IN-PLACE TOPPING WITH SHRINKAGE REDUCING ADMIXTURE CY 80.6 996.00 80,277.60
49 0400 4 5 CONCRETE CLASS IV,BRIDGE SUBSTRUCTURE CY 54.1 885.00 47,878.50
21-7850-ST Bridge Replacement-Bridge Package B-4 Bridges-Immok-Countyline Rd(Bridge 034834) 5 OF 6
AAY3
ITEM NO. PAY ITEM NO. DESCRIPTION UNIT EST.QTY. UNIT PRICE PAY ITEM TOTAL
50 0400 7 BRIDGE DECK GROOVING,LESS THAN 8.5" SY 312 26.26 8,193.12
51 0400148 PLAIN NEOPRENE BEARING PADS CF 7.2 1,027.00 7,394.40
52 0415 1 4 REINFORCING STEEL-BRIDGE SUPERSTRUCTURE LB 18999 1.07 20,328.93
53 0415 1 5 REINFORCING STEEL-BRIDGE SUBSTRUCTURE LB 7240 1.18 8,543.20
54 0415 1 9 REINFORCING STEEL-APPROACH SLABS LB 12974 1.07 13,882.18
55 0450 8 13 PRESTRESSED BEAM:FLORIDA SLAB BEAM,BEAM DEPTH 12",WIDTH 55-57" LF 608 199.05 $121,022.40
56 0455 34 3 PRESTRESSED CONCRETE PILING,18"SQ LF 840 129.00 108,360.00
57 0455143 3 TEST PILES-PRESTRESSED CONCRETE,18"SQ LF 185 180.00 33,300.00
58 0458 1 11
BRIDGE DECK EXPANSION JOINT,NEW CONSTRUCTION,FBI POURED JOINT WITH BACKER
LF 128 42. 00 5,376.00
59 0521 5 13 CONCRETE TRAFFIC RAILING-BRIDGE,36"SINGLE-SLOPE LF 220 111.00 24,420.00
60 0530 1 RIPRAP,SAND-CEMENT CY 107.6 630 00 67,788.00
61 0530 3 3 RIPRAP-RUBBLE,BANK AND SHORE TN 1100.0 103.00 113,300.00
62 0530 74 BEDDING STONE TN 408.8 89.00 36,383.20
63 0630 2 16 CONDUIT,FURNISH 8 INSTALL,EMBEDDED-RAILINGS LF 662 16.00 10,592.00
64 0635 3 13 JUNCTION BOX,FURNISH 8 INSTALL,EMBEDDED EA 12 55.00 660.00
STRUCTURES SUBTOTAL $795, 180.33
FrOTAL BASE BID-ELEVEN BRIDGE REPLACEMENTS BRIDGE 034841
ALLOWANCE SUBTOTAL 420,617.38
BRIDGE 034834 SUBTOTAL 2,425,842.13
BRIDGE 034835 SUBTOTAL 2,523,442.86
BRIDGE 034836 SUBTOTAL 2,042,424.57
BRIDGE 034841 SUBTOTAL 1,873,149.50
33l l I-01;:,k .{1uW N 1,
a °fs i
21-7850-ST Bridge Replacement-Bridge Package B-4 Bridges-Immok-Countyline Rd(Bridge 034834) 6 Or 6
0
EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM
FOLLOWING THIS PAGE)
9
Construction Services Agreement:Revised 01.28.21 (v9)
Cogier CoIrtii,ty Email: Barbara.Lance@colliercountyfl.gov
klmtnistabve Services Dmsco Telephone: 239. 252.8998
P,oc<oPmen!Ser,, s
ADDENDUM# I
Date: January 21,2021
From: Barbara Lance, Procurement Strategist
To: Interested Bidders
Subject:Addendum# 1 — 21-7850-ST- Bridge Replacement -Bridge Pkg B-4 Bridges-
Immokalee/Countyline Road
This Addendum has been issued for the following items identifying clarifications,changes,deletions,
and/or additions to the scope of work,solicitation documents and/or bid schedule for the above referenced
solicitation:
CHANGE:
Exhibit J —66066.12_S&S_Specilications_PkgsABC—rev:
Note 9-5.3.2 on the Withholding Payment for Failure to Comply (sheet 42) is revised as
follows:
The Department will withhold progress payments from the Contractor if he
fails to comply with any or all of the following within 60 days after beginning
work:
1. comply with and submit required paperwork relating to pres-ailiiv,
wage-Fate-pro4s.-ion*,Equal Employment Opportunity,On The Job
Training, and Affiativ Action;
If you require additional information please post a question on our Bid Sync(w‘xxv.bidlync.coM bidding
platform under the solicitation for t • 'ect.
Please signbelOW d retur a copy of his Addendum with your submittal for the above
referencedi-solicit. ion.
Signature //
i
Datc,
2.90 Coris7latcl-r'aiv'
Naint<Of Firm)
0
Coite"Y County Email: Barbara.Lance@col liercauntyfl.gov
Administrative Services Division Telephone: 239.252.8998
Procurement Services
ADDENDUM#2
Date: January 29, 2021
From: Barbara Lance, Procurement Strategist
To: Interested Bidders
Subject:Addendum#2— 21-7850-ST-Bridge Replacement -Bridge Pkg B-4 Bridges-
Immokalee/Countyline Road
This Addendum has been issued for the following items identifying clarifications,changes, deletions,
and/or additions to the scope of work,solicitation documents and/or bid schedule for the above referenced.
solicitation:
CHANGE:
1. REVISION TO FORM 1.1 —IMMIGRATION AFFIDAVIT CERTIFICATION:
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986
lmmieration Act and subsequent A.mendntent(s))that it is aware of and in compliance with the refit irements set
forth in Florida Statutes ci448.095, and agrees to comply with the provisions of the Memorandum of
Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification
System (E-Verify),operated by the Department of Homeland Security in partnership with the Social Security
Administration at the time of submission of the Vendor's proposal/bid.
2. CORRECTION TO COMPLETION DAYS IN SOLICITATION:
The Successful Bidder shall be required to finally complete all Work within Nine hundred ninety-
four (994) calendar days from and after the Commencement Date specified in the Notice to
Proceed. The final completion days includes substantial completion days of ei.# 2} nine
hundred twelve (912) calendar days, with an additional aixta-t n+ te4--tw lve-{S12) eighty-two
u calendar days to final completion."
ADDITION:
The "Sign-In sheets and Meeting Minutes"from 1/28/2021 Pre-Bid Meeting have been uploaded
to BidSync.
If you require additional information ple post a question on our Bid Sync(www.bidsync.com)bidding
platform under the soli, t.ion for thiirojec
Please sign belprvf and return a cloy of thi Addendum with your submittal for the above
referenced solicitation.
Signature) ""Date
2 J (077 C.fit
Name of Finn)
y^pS"
CQ Email: Barbara.Lance@colliercountyfl.gov
Administrative Services Division Telephone:239.252.8998
Procurement Services
ADDENDUM#3
Date: February 1,2021
From: Barbara Lance,Procurement Strategist
To: Interested Bidders
Subject:Addendum#3— 21-7850-ST-Bridge Replacement-Bridge Pkg B-4 Bridges-
Immokalee/Countyline Road
This Addendum has been issued for the following items identifying clarifications,changes,deletions,
and/or additions to the scope of work,solicitation documents and/or bid schedule for the above referenced
solicitation:
CHANGE 1:
REVISION TO PAGE 47—Exhibit J-66066.12_S&S_Specifications_ABC-Rev
Please reference: 21-7850-ST-Addendum 3-Supplemental Specification Package Number
One
CLEARING AND GRUBBING-REMOVAL OF EXISTING BRIDGES—GENERAL.
REV 9-10-07)(FA 2-15-08)(1-21)
SUBARTICLE 110-6.1 is expanded by the following:
The Contractor may volunteer to deliver the debris from bridge numbers 030136,
030137,030139,030140,030141,030153,030154,030155,030156,and 030158 on this
Contract° teEl to Collier County Coastal Zone Management Section of the
Capital Project Planning,Impact Fees and Program Management Division.This agency
has requested delivery of the bridge debris to Collier County Landfill, 3730 White Lake
Boulevard,Naples,Florida,which is 45 miles from the project site.The Contractor
assumes sole responsibility for the coordination and delivery of the debris to the
designated location,at no cost to the Department.The Contractor will be exempt
from landfill usage fees for only the debris selected by Coastal Zone Management
prior to delivery.Upon receipt of the debris,the receiving agency is responsible for
additional costs of processing,delivery,placement,and use of the material and assumes
legal and permitting responsibility for the placement of the debris.
Payment for transportation cost delivery of the debris to the designated location is included in the cost
for demolition. The gross allowable quantity of debris per bid package is as follows:
Package'A—455 TN
Package B—909 TN
Package C—910 TN
1
CHANGE 2:
CORRECTION TO COMPLETION DAYS IN SOLICITATION:
The Successful Bidder shall be required to finally complete all Work within AI#fte-h n fixed•
n-inety-fouf-(994) nine hundred twelve (912) calendar days from and after the Commencement
Date specified in the Notice to Proceed_ The final completion days includes substantial
completion days of eight hundred eighty-two calendar days, with
an additional eighty two(82}thirty(30)calendar days to final completion."
If you require additional information pl ost a question on our Bid Sync(www.bidsvnc.com)bidding
platform under the sglie'It,tion for tl i promsjec1
Please sign bejefw andeturn a,oey of thi Addendum with your submittal for the above
referenced licitati n.
9/2--
Signature) 9
Date
t / 2,9 6/V,54.4 4/7
r
Natresf Finn)
2
4V'y
r County Email: Barbara.Lance@colliercountyfl.gov
Administrative Services Division Telephone:239.252.8998
Procurement Services
ADDENDUM#4
Date: February 12,2021
From: Barbara Lance,Procurement Strategist
To: Interested Bidders
Subject:Addendum#4— 21-7850-ST-Bridge Replacement-Bridge Pkg B-4 Bridges-
Immokalee/Countyline Road
This Addendum has been issued for the following items identifying clarifications, changes, deletions,
and/or additions to the scope of work,solicitation documents and/or bid schedule for the above referenced
solicitation:
CHANGE 1:
Question 28:
How is the Contractor expected to relocate the temp traffic barrier to detour 2, which is in currently
required to maintain active traffic in detour 1?
Answer:
Furnish and install temporary barrier in Phase II to match the approximate limits of temporary retaining
system as shown in the TCP. The temporary barrier placed in Phase II within the approximate limits of
the temporary retaining system shall remain in place until after traffic is shifted to the Phase II
configuration. The temporary barrier placed in Phase I beyond the limits of temporary retaining system
may be shifted/relocated as needed to the Phase II location.
The quantities for Temporary Barrier have been corrected to reflect this transition and can be found in the
revised Bid Schedule: 21-7852-ST — Addendum 4 — Bid Schedule Pkg B_Rev 2 which replaces the
quantities on line item numbers 7 and 8 on each bid tab as shown.
Bid Tab
Line
Bid Item No. Description
Original Corrected
Item Qty. Qty.
7 102-71- 15 Temporary Barrier, F&I,Anchored 756 1368
Bridge 034834
8 102-71-25 Temporary Barrier, REL,Anchored 756 144
7 102-71-15 Temporary Barrier, F&I,Anchored 708 1224
Bridge 034835
8 102-71-25
Temporary Barrier,REL Anchored
708 192
correct description as noted)
7 102-71-15 Temporary Barrier, F&I,Anchored 540 948
Bridge 034836
8 102-71-25 Temporary Barrier, REL,Anchored 540 132
Bridge 034841
7 102-71-15 Temporary Barrier, F&I,Anchored 804 1308
8 102-71-25 Temporary Barrier, REL,Anchored 804 300
1
CHANCE 2:
Question 29:
Please clarify the two Type R Fencing items,Item 0550-10335: 301 LF in the Roadway Items and item
0550 10325: 300 LF in the Structures Items they both appear to be for the new bridge fencing, Is this a
duplicate?
Answer:
Yes,this is a duplicate. Line item number 69 from the Bridge 034834 is now shown with a strike
through. Line item number 37 contains the correct pay item and quantity for Bridge 034834.
Please reference: 21-7850-ST—Addendum 4—Bid Schedule Pkg B_Rev 2
If you require additional information please post a question on our Bid Sync (www.bidsvnc.com) bidding
platform under the; icitation for this cc
Please sign ow a d return a py of thi. Addendum with your submittal for the above
reference olicit ion.
Signatur Date
24"1, 0 k‘oft C41(0.117 V(
Na of Firm)
7
2
S
Co ier County Email; Barbara.Lance4colliercountyttgov
kinv1;sirairve Ses Ds iDo Telephone: 239.252.8998
ADDENDUM I 5
Date: February 18. 2021
From: Barbara Lance,Procurement Strategist
To: Interested Bidders
Subject: Addendum # 5— 21-7850-ST- Bridge Replacement - Bridge Pkg B-4 Bridges-
brunokal ee'Countyli ne Road
1 his ,,NsIdendum has been issued for the tbilowing items identifying clarifications changes. deletions,
and;or additions to the scope of work.solicitation documents and or bid schedule for the above referenced
solicitation:
DDITION:
Please Reference:
21-7850-ST Addendum 5-Consolidated Questions and Answers
Questions and Answers I through 4 32)
II you require additional information please post a question on our Bid Sync w:kwbid,syuc.cpui) bidding
platform under the solicitation for this project.
Please sign he v a I return ropy o this Addendum with your submittal for the above
referenced 4frDatJon.
Signature V
V Dale
2ee Ko75ki 4.741/ if
Name of I
FORM I BID RESPONSE FORM
BOARD OF COUNTY CO11:MiSSIONERS
COLLIER COUNTY, FLORIDA
BRIDGE REPLACEMENT-BRIDGE PACKAGE 8-4 BRIDGES-INIM-(OUNTYI.INE RI)
Bli)NO.21-7850-ST /
Full'same of Bidder ` ConT' to ' L_.. N....__._.....fJ.. ................_._
Main Business Address........._'7 602... ecA it1 _.__. L i! FL 3 96
Place of Business icy1
lelephortc No,_ 3.. - 7— Fax No__' 7_ " Z.( ! r'_
State Contractor's License ! C & r S I 1 XG 2
State of Florida Certificate of Authority Document Number2„2„L
Federal Tax identification Number
1 r
I i(-,c63 I y
j--f
cDUNSa. 0(67 124 11 CCR 11tIrTCageCode 3 !_!o
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA
hereinafter called the Owner)
The undersigned.as Bidder declares that the only person or parties interested in this Bid as principals are those named
herein. that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefuily
examined the location of the proposed Work,the proposed form of Agreement and all other Contract Documents and
Bonds,and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted. Bidder will execute the Agreement included in the Bidding
Documents, to provide all necessary machinery, tools,apparatus and other means of-construction, including utility
and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of
the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of
the Contract,and to do all other things required of the Contractor by the Contract Documents,and that it will take full
payment the sums set forth in the following Bid Schedule:
I nit prices shall he 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 burnt attached to
the Bidding Documents within ten(I(1f calendar days and deliver the Surety Bond or Winds and Insurance Certificates
as required by the Contract Documents.The hid 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
berth,as liquidated damages. for the delay and additional expense to the Owner, it being recognized that, since time
is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the
required Agreement, Insurance Certificates and Bonds within the required time period. in the event of such failure,
the total amount of Owner's damages, will he difficult, if'not impossible. to definitely ascertain and quantify. it is
hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the
event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The
Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the
Construction Solicitation Doc rev 02-21-20
CA()
above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of
Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement.
Insurance Certificates.and Bonds in a timely manner.
Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work
at the site within five(Si 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 eighty-two(82)consecutive
calendar days, computed by excluding the commencement date and including the last day of such period. and to he
fully completed to the point of final acceptance by the Owner within nine hundred twelve(912)consecutive calendar
days after Substantial Completion, computed by excluding commencement date and including the last day of such
period.
Acceptance and ack ledged by-an— thorize Agent
Signature:
Title; .3 44 7 r`e S () evvf
Date:t 1
Construction Solicitation Doc rev 02-21-20
CAO
FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
BRIDGE REPLACEMENT-BRIDGE PACKAGE, B-4 BRIDGES-IMM-COUNTVIINE RI)
Bid No.28-7$50-ST
Name Personnel Category
scr\b ‘let Construction Superintendent
3CO"At(e 90411 Project Manager
Construction Solicitation Doc rev 02-21-20
FORM 3-MATERIAL,MANUFACTURERS
IS FORM MUST BE COMPLETED OR 13I1)SHALL BE DEEMED NON-RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid
specifications, including compliance with Florida Statute 255,20 to provide lumber,timber and other forest products
produced and manufactured in the State of Florida as long as the price,fitness and quality are equal. Exceptions(when
equals are acceptable) may be requested by completing the Material Manufacturer Exception List below, if an
exception for a manufacturer andior 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 finn, I co - that we wi ust.'11 manufacturers and materials as specifically outlined in
the Bid specifications.
Company: 45.
Signature; Date: f'2 Ala
Section B(Exception req ed to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
Please insert additional pages as necessary.
Company:
Signature: Date
Construction Solicitation Doc rev 02-21-20
cAo,
FORM 4-LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY LW DEEMED NON-RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in
the requirements of the Bid specification.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed
herein are"qualified"(as defined in Ordinance 2(117-08 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,
cenitications. registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who
includes non-compl lam or non-qualified Subcontractors in its bid offer.Further, the Owner may direct the Successful
Bidder to removeireplace 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
portionuf work on this Project must he qualified as noted above.
Major Category of Work Subcontractor and Address
I. Pile t
2. Concrete t
Sitework r! y
4. Paving CO, 1T(_' i"<1_.1
5. Identify other subcontractors
that represent more than I O h
nofpriceorthatafYeetthe
critical path of the schedule
Company:_ A
f
Signature: t Date: l /2..../
Construction Solicitation Doc rev 02-21-20
FORM 5-STATEMENT OF EXPERIENCE OF BIDDER 1
The Bidder is required to state below 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.
i.
6014en Gcuke NAIel`e 4 ScWINID
project name)project owner)
3361 G n c\1/4.Ato Rootot
COL\ ' ou,n 1.- 31-1 o,6)
project location) Owner's address)
E-ISNI.r
RePAOste/Re PlOt.Ce. vieAC, G 1 lbeel- . . Ea FrIl'oie p.R., ?rk) , EN r.
project description) Owner's contact person)title)
120/24.120)1 S tt.75Q2S044—V4I- (42-49)04. 4.%A(k*6 bc4 p 0.--5-kstneta
p oject start/completion dates) (con act value) (phone)mon) el 0
Aliy4'-cx Pie(' Bcitig,____Gq(e1/4,s,0 0\ co‘A4 el-1-7projectname) project owner)
1 00 i Sc1/4Nsoick Cert4e0 N M ,
7-project location)
Ext'ffwiA Bn'cle 9.ep1 .A.c.;-- 1)kt we )t __p_m_ __ _INA r
project descripmm) Owner's contact person)tit
21916-- '2Z16 $ EM, 670 (141- %I -0Eb3 apowell scloNioi\e i--
project start/completion dates) (contract v lue) (phone)email)
3. Suns hine 814(- 1:e44
l
project nlle) project owner)
32.1/ -PA t'N't kta 1^"i ITckl E
Coll tie(' CoukA4y crkArie, 2-00, 40,f‘te. , Fu.-__3_14 i i z_,
project location) wncr s address)
9 • . &c' cIe. 2.e_p_t. Je„cc ?0,Fner. Pa, Roil . mei I.
project description) Owner's contact person)title)
4.
iolv2, ig—qi22
project staicompleti n da s9s(Rcontra valu e') (phone)
n-115(91(
e,ki)l()
a v)ner1/4 2_p_i__yv‘e 0g r.
CO(V\
Construction Solicitation Doc rev 02-21-20
s)
FORM 5-STATEMENT OF EXPERIENCE OF BIDDER
4. Fvcfr Ec77
eyWN 51-. We- G c\\ciE Fnor
project name) project owner I
24/61 NE_ pole. istgool K-Cf
Coe " Cok.An-ki c4pe coo", i ,„ FL- 3310 5—
project location) Ow net's address)
INiev‘i Or_ictc38 con›+, ke4in a lheel--/ MI BA. MC.
project description) Owners contact pc son)title)
24)1.7 11240i00 i(eNtii n .projectcotAshe4ycompletiondate) (contract value) (phone)email)e do+. 54E, • 41 .‘A 9
5. MO CVO L)V1,4601‘i
Rel-. \i\i`c‘11L_ .F..rneeceency
project name) KeCNI% (\ project owner)
till rnanck-We A4e, oia5t
ItThr t - eni-TO f PL 3,i-2.05--
project location) Owner s a•dress
ROC& ' `,n
Erne Kell t 12e pi . 5-lizhie Ley PE. Socke EvV,
project de criptio ) Owner s contact person) tide)
9/ 2-0 2-0 STAGOIC 414 I—70g4 14 51) 5-1-twer‘. Icoey
pr ject completion date) (contra Ct value) (phone) E`Xf email) ryl y rA CI elcAl-ee.7331
S4re Cdk6, t5thf'n A- 40 R.OCA -
Wad e., cacldoile Lee Covm4.)' 'Dor
project name) protect owner) _
1500 Montoe S4..
Lee ConA--y Fork-- tv1y.e.P5,.__Ft. _.,.q...1./..0 i
project location) Owner's address)
Ne /o Bei(-At a41Ae, i--D Nig n P.E.
project description) Owner's contact person)title)
2-.42.0 S 1, (04 0.060"72/-..76/1"9111 _oliatyqn1 ()qn5
project completion date) (contract value) (phone)email)
Company:
Signature: Date:
I
Construction Solicitation Doc rev 02-21-20
CAO
FORM 6-TRENCH.SAFETY ACT
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(90-9(,,Laws of Florida)effective October I. 1990.The Bidder further identities the cost to be summarized below:
Trench Safety Units of Unit Unit Extended Cost
Measure Measure Ottani itv) Cost
Description)LF,SY
7:err . SF 506 17
2.
3,
4.
5.
TOTAL S 3560
Failure to complete the above may result in the Bid being declared non-responsive,
27
of,Company: V
Signature:Date: 2, 1(11.1
Construction Solicitation Doc rev 02-21-20
CAO
FORM 7-BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Zep Construction, Inc.
herein after called the Principal)andLibertyMutualInsuranceCompanyhereincalledtheSurety), a corporation chartered and
existing under the laws of the State of Massachusetts with its principal offices in the city of BostonandauthorizedtodobusinessintheStateofFloridaarcheldandfirmly bound unto theCotterCounty
thereinafter called the Owner),in the full and just sumofFivePercent(5%)of Amount Bid dollars($TM--.....__5 .._._.....)good and lawful money oftheUnitedStatesofAmerica,to be paid upon demand of the Owner,to which payment well and truly to be made,the
Principal and the Surety bind themselves,their heirs,and executors,administrators,and assigns,jointly and severallyandfirmlybythesepresents.
Whereas, the Principal is about to submit, or has submitted to the Owner,a Bid for furnishing all labor,materials,
equipment and incidentals necessary to furnish,install,and fully complete the Work on the Project known as Bid No,
21-7850-ST BRIDGE REPLACEMENT-BRIDGE PACKAGE B-4 BRIDGES-IMM-COUNTYLINE RD.
NOW,THEREFORE,if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the
required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with
the terms of such Bid,and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the
Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement
and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or,in the event of the
failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,and deliver to Owner the required
certificates of insurance,if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of'S y Hrrr t „.` noted above
as liquidated damages.and not as a penalty,as provided in the Bidding Documents,then this obligation shall be null and
void,otherwise to remain in MI force and effect
IN TESTIMONY Thee. c Principal and Sty have c used these presents to be duly signed and sealed this
Z$tn day of Fe. 2021.
f'
ZEP ONSTUCTION, INC.
Principal
BY F----;\
Th
Seal)
LI MUTUAt1N y,R" COMPANYEIiSurety
Seal)
Wendy L.Hintfoiney tn• ace f .
Countersigned <,;''1
i Wendy L.Hingson,F da Resident Age t(2,, )275.8226
Appointed Producing Agent for v Insurance Group-Fon Myers
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No,7718887
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts. and West American insurance Company is a corporation duly
organized under the laws of the State of Indiana(herein collectively called the'Companies`),pursuant to and by authority herein set forth,does hereby name,constitute and appoint,
Dawn M.Onzo;Wendy L.Hingson
all of the city of Fort Myers ,state of FL each individually if there he more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge
and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings.bonds,recognizances and other surely obligations,in pursuance cf these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons,
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 5th day of April 2017 , 1
ea
10
The Ohio Casualty Insurance Company torn
1
t ) t vy t Liberty Mutual Insurance Company at
tt West American Insurance Company rn
c STATE OF PENNSYLVANIA ss
David M.Carey'Assistant Secretary C
re
COUNTY OF MONTGOMERY c
2 p7 On this 5th day of April 2017,beforeUmepersonallyappearedDavidM.Carey.who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance F-
w Company,The Ohio Casualty Company,and West American Insurance Company, and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes >,N
O 3 therein contained by signing on behalf of the corporations by himself as a duly authorized officer, C
W
lss EC> > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia.Pennsylvania,on the day and year first above written, 0 O.
7 p P.1Sr cOsrtrONwEaLTH OF PENNSYLYANIA Q M
CS qN 4M:,nn F,
i Nown ti Still l 4/, 4i J fl_.c•N s v
i Tr.getta Paelrga.Notary Pubic I By. J
O
co i of Upper Merlon Twp M mipomory C,w„ry Teresa Pastella.Notary Public y
3)
0 .
My Cmrnsmn xp res Mre...h 25.2021 , 3 C•
Q t. :VLP 4, My r,V rwiawvP4s.oauw of NGtirrW E,4 0. tv
C This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual th p
tv«`„ Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows' IC
tJ!
faARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and sub;ect 0 c
t*; to such limitation as the Chairman or the President may prescribe, shall appoint such attorneysen-fact.as may be necessary to act in behalf of the Corporation to make,execute.seal, 4e%
0,E acknowledge and deliver as surety any and ail undertakings.bonds.recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective SEWpowersofattorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation, When so `: d
p executed.such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >
4- , the provisions of this article may be revoked al any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. 0 v
ii,,, C ARTICLE XIII--Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, p
c?
2 and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, ,F M
p 5 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their 'ep
Z o respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach(hereto the seal of the Company. When so U o
executed such instruments shall be as binding as if signed by the president and attested by the secretary. H
7)
et-
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company.authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and at undertakings,bonds,recognizances and other surety
obligations.
Authorization. By unanimous consent of the Company's Board of Directors.the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appeanng upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shalt be valid and binding upon the Company with
the same force and effect as though manually affixed
I, Renee C. Llewellyn, the undersigned, Assistant Secretary. The Ohio Casualty Insurance Company. Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and I
has not been revoked.L
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of-e-~" 4 ":,20
By:
I l l) `) I
Renee C Llewe , ssistant Secretary
167 of 250 .
t.ha5 12873 0220t7
o CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
2/8/2021
Is CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject tothetermsandconditionsofthepolicy,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).
CONTACT Wendy HingsonPRODUCERNAME:
PHONE (239)275-8226 FAXA/C,No): (239) 215-8831
VTC Insurance Group IAIC.No.Ertl:
E-MAIL whin son@vtCins.Com
Troy Office ADDRESS: g
1175 W Long Lake Road, #200 INSURER(S) AFFORDING COVERAGE NAIC#
Troy MI 48098 INSURER A:Zurich American Insurance Company 16535
INSURED INSURER a:Zurich American Guar.and Liablity Co 26247
Zep Construction, Inc.INSURERC:Travelers Prop. Casualty Co.of America 25674
7802 Jean Boulevard INSURERD:
Fort Myers, Florida 33912 INSURERE:
INSURER F:
COVERAGES CERTIFICATE NUMBER:2020-2021 Master REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF HAVE R THE ICY
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDINCELISTEDTIONOF
BEEN ABOVE O
ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOLWHICHPERIODHIS
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 REDUCOED BY PAID CLAIMS.
ADOL SUER LIMITS
INSR
TYPE OF INSURANCE INSD WVD POLICY NUMBER MM!DD/YYYY) (MMIDDNYYY)
2,000,000
XP
LTR
X COMMERCIAL GENERAL LIABILITY EDAM E TO
OCCURRENCETEDDAMAGETORENTED 100,000
A I CLAIMS-MADE X OCCUR
PREMISES(Ea occurrence)
X Inc. Contractual Liability, X Y GLO 3923366-01 10/01/2020 10/01/2021 MED EXP(Any one person) $
10,000
PERSONAL 8 ADV INJURY $2,000,000
RCU and Prop. Damage
GENERAL AGGREGATE $4,000, 000
GENtAGGREGATE LIMIT APPLIES PER: 4,000,000
POLICY X JECO- LOC
PRODUCTS-COMP/OPAGG $
S
OTHER COMBINED SINGLE LIMIT S 2,000,000
AUTOMOBILE LIABILITY
Ea accident)
BODILY INJURY(Per person) $
X ANY AUTO
B
ALL OWNED X SCHEDULED BAP Ia03097-01 10/01/2020 10/01/2021 BODILY INJURY(Per accident) S
AUTOS AUTOSDAMAGE
NON-OWNED
PROPERTY
Pcien
X HIRED AUTOS R AUTOS
EACH OCCURRENCE
UMBRELLA LIAB OCCUR
AGGREGATE
EXCESS LIAB CLAIMS-MADE
DED
I I RETENTIONS X I STT UTE I OERH
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY YIN E.L.EACH ACCIDENT 1,000, 000
ANY PROPRIETOR/PARTNER/EXECUTIVE
N I A
A (Mandatory in NH)
OFFICER/MEMBEREXCLUDED') N
Y we 0965324 -00 9/30/2020 9/30/2021 EL.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under USLrs included E.L.DISEASE-POLICY LIMIT $ 1,000,0000
DESCRIPTION OF OPERATIONS below
10/ 01/2020 10/01/2021 Leased/Rented any one item
q00, 000
C Inland Marine and
Revised S200,000 Transit and Location
Installation Floater
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Where required by written contract, Collier County BOCC is additional insured on the General Liability
policy with respect to ongoing and completed operations performed by the named insured. This insurance
applies on a primary and non-contributory basis. General Liaiblity and Work Comp includes a waiver of
subrogation on behalf of Collier County as required by written contract and where allowed by law.Insurer will endeavor to mail 30 days written notice of cancellation to the certificate holder; however,failure to do so will impose no liability of any kind upon the insurer or its agents or representatives.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Collier County Board of ACCORDANCE WITH THE POLICY PROVISIONS.
County Commissioners
3295 Tamiami Trail East AUTHORIZED REPRESENTATIVE
Naples, FL 34112 Q
Alan Chandler/V 510 L4• G'r``-'`'--
I 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
INS025(201401) II0
FORM 8-INSURANCE AND BONDING REQUIREMENTS.
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly
authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure
and maintain property insurance upon the entire project,if required,to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design
Consultant,Subcontractors,agents and employees of each and all of them,all damages covered by property insurance
provided herein,except such rights as they may have to the proceeds of such insurance. The Vendor and County shall,
where appropriate, require similar waivers of subrogation from the County's separate Vendors,Design Consultants
and Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf
of Collier County",or,the specific solicitation number and title.
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier
County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a
severability of interest's provisions.
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all
work performed on behalf of Collier County.
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with
the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-
insured retentions or deductibles under any of the below listed minimum required coverage,Vendor must identify on
the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be
Vendor's sole responsibility.
CoverageW shall be maintained without interruption from the date of commencement of the Work until the date of
completion and acceptance of the scope of work by the County or as specified in this solicitation whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the
County,in a like manner,within twenty-four(24)hours after receipt,of any notices of expiration,cancellation,non-
renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein
shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any
policy to be provided by Vendor hereunder,Vendor shall immediately take steps to have the aggregate limit reinstated
to the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverages)required herein,the County may terminate the
Agreement or at its sole discretion shall be authorized to purchase such coverageW and charge the Vendor for such
coverages purchased. If Vendor fails to reimburse the County for such costs within thirty(30)days after demand,
the County has the right to offset these costs from any amount due Vendor under this Agreement or any other
agreement between the County and Vendor.The County shall be under no obligation to purchase such insurance,nor
shall it be responsible for the coverageW purchased or the insurance company or companies used. The decision of
the County to purchase such insurance coveragel shall in no way be construed to be a waiver of any of its rights
under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work,
the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10)
calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such
renewal certificate(s)shall be considered justification for the County to terminate any and all contracts.
Collier County Florida
Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. ®Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
Evidence of Workers' Compensation coverage or a Certificate of Exemption issued
by the State of Florida is required. Entities that are formed as Sole Proprietorships
shall not be required to provide.a proof of exemption.An application for exemption
can be obtained online at https://apps.fldfs.com/bocexempt/
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
current ISO form Injury Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations and
Contractual Liability.
4. ®Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall
defend,indemnify and hold harmless Collier County,its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence,
recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone
employed or utilized by the 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 1,000,000 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 1,000,000 Per Occurrence
Professional Liability $Per claim&in the aggregate
Project Professional Liability Per Occurrence
Valuable Papers Insurance Per Occurrence
Cyber Liability Per Occurrence
Technology Errors&Omissions $ Per Occurrence
7. ®Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'
check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or
proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made
payable to the Collier County Board of County Commissioners on a bank or trust
company located in the State of Florida and insured by the Federal Deposit Insurance
Corporation.
8. ®Performance and For projects in excess of$200,000, bonds shall be submitted with the executed
Payment Bonds contract by Proposers receiving award, and written for 100%of the Contract award
amount, the cost borne by the Proposer receiving an award. The Performance and
Payment Bonds shall be underwritten by a surety authorized to do business in the
State of Florida and otherwise acceptable to Owner;provided, however, the surety
shall be rated as "A-" or better as to general policy holders rating and Class V or
higher rating as to financial size category and the amount required shall not exceed
5%of the reported policy holders' surplus, all as reported in the most current Best
Key Rating Guide,published by A.M.Best Company,Inc.of 75 Fulton Street,New
York,New York 10038.
9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
10. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial
General Liability where required. This insurance shall be primary and non-contributory with respect to any other
insurance maintained by,or available for the benefit of,the Additional Insured and the Vendor's policy shall be
endorsed accordingly.
11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County,OR Collier County Government, OR Collier County. The Certificates
of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For
any and all work performed on behalf of Collier County.
12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295
Tamiami Trail East,Naples,FL 34112
13. ® Thirty(30)Days Cancellation Notice required.
14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed
necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor.
Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project
proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier
County Risk Management Division.
1/5/21-CC
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.
CotOer Comity
Administrative Services Department
P:ocurom-nt Ser.vr<:0;Dril,,CX3
FORM 9-CoN PIACI OF INTEREST AFFIDAVIT
The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County
project affiliated with this solicitation does not pose an organizational conflict as described by one of the three
categories below:
Biased ground rules—The firm has not set the"ground rules"for affiliated past or current Collier County
project identified above (e.g„ writing a procurement's statement of work, specifications, or performing
systems engineering and technical direction for the procurement)which appears to skew the competition in
favor of my firrn.
Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County
project identified above to evaluate proposals ,' past perfrinnanee 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 intOrmation as part of its
performance of a Collier County project identified above which may have provided the contractor (or an
affiliate)with an unfair competitive advantage in current or future solicitations and contracts.
In addition to this signed affidavit,the contractor!vendor must provide the following:
I. All documents produced as a result of the work completed in the past or currently being worked on(Or 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),doeument(s)and/or other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above he
identified,may result in the disqualification for future solicitations affiliated with the above referenced projeetis).
f3y the signature below, the firm(employees, officers andior agents')certifies,and hereby discloses, that, to the best
ot their knowledge and belief. all relevant facts concerning past, present. or c re fitly planned inter'_- activity
financial, contractual, organizational. or otherwise) which relates to the p ject dentiticd ahoy tas h en fully
disclosed and does not pose an organizational conflict.
iep G5,711uchb
I Comp' ty Name
i /
N.A.
74 hi 2"-ePCe jg 1' a
pfelint im;i4eleiStateof /4.07:0 410./9
County of kzz
The fo •
1- ,
instrur •it its acknowledged before me by means o physical presence orJ unlit . varization,Of
this ,av of ,C,111101111”. li year),by 6 WM.,. ..,,e, 6. name
of person tick now le(4.(ing). z
2(... A
8
sfri tgnatur' f'Notary Public -.'tat:
Print.Type.or Stamp Commissioned Name of Notary Public)
Personally Known OR Prod iced Identification
Ha gory*lit, Notary Public State of Fonda
iir-y, Annette V Naze
1-ype of Identification Pr (Weed
V sil EM:piCrrms 027i33/i1OV 268"°
e.Ilk
CAO•
cotlier County
Administrative Serv)erbepartment
Procurement Sernces
FORM 10-VENDOR DECLARATION STATUMENT
DOA RD OE COUNTY COMM ISSIONERS
Collier County Clovenunent Complex
Naples, Florida 34112
Dear Conunissionets:
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, it'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 perfonnanec 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
amid/or services,the vendor will not be eligible to compete,submit a proposal.he awarded,or perform as a sub-
vendor for any future associated with work that is a result of this awarded contract.
IN WITNESS Wi if RE OE,'WE have hereunto subscribsd our toles on this le_ day of eft(0 f y02 I in
Couthe nty of Lee in the Sttu):of F (Srr)0,9
Firm 2 e.,0 CO A 94-CkACI-1\04
Name:
Address:7 001., d ec 1
City.State.Zip r i yei5 / 35 fb ?
Code:
Florida 1 1•2- Li LT—
Cenilicate of
Authority
Document
Number
Federal Tax 51119 1-5 I LI
Identification
Number OICI\I
ccR tt or
CAGE Code
Only if Grant
Funded
Telephone:
Email: ePC.;7 eA I W)
Signature by:1 Ai 2e.p(e/k151 ,
Typed mi
written)
Title:
Additional Contact Information
Send payments to:3/71e- 2
required if different Company name used as payee dots,fr0111 abOVC) pq
Contact mune:
Title:
Address:
City, State,ZIP
Tclephone:
Email: 2epcoll (0. clot iceol
Office servicing Collier
County to place orders
required if different
from above)
Contact name:
Tide:
Address:
City.Stale,ZIP
Telephone:
Email:2-e000 t 0 vYi
7
Secondary Contact for FAkA7 RA f`1 Lt&O/V
this Solicitation:
Email: dOt& aeOCG 4 S.---ft4 C.0 v14
Phone: 3 - 2_6-7 77 g
Cottier' County
Adminstrative Services Department
PTOctirerrliF)1Sef),Cir,.0N)SIOr)
FORM II -INIMICRATION AFFIDAVIT CERTIFICATION
This Affidavit is required and should he signed. notarized by an authorized principal of the firm and submitted with
formal solicitation submittals. Further. Vendors are required to he enrolled in the E-Verify program. and provide
acceptable evidence of their enrollment, at the time of the submission of the Vendor's hid, 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 lbr 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 me) Section
274A(e)of the Immigration and Nationality Act rINA'
s),
Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A(et
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 Amendmenttst)and agrees to comply with the provisions of the Memorandum of Understanding
with F-Verify and to provide proof of enrollment in The Employment Eligibility Verification , , 'i (E-Verify).
operated by the Department of Homeland Security in partnership with the Social Security Min" istratii n at the time
of submission of the Vendor's hid.
Oil 5 C-4? 12 liVC rt.
Co party Nthne
Signrtre
Flas,aw or 2)71;e1.i?
4Prin. I Nallle al ' Title
c 1,
County of J6_46.6
The forifnstrunpt Its acknowledged 12,ellikrewie by means.9.1:-Aphys4 psence or 0 o line ;tarization,
this /Al "IRK_ v of rADyear),by .-.16 V/9/1 A 4pe
of person acknowledging).
0
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40or"'I Notary PuOltc Slate of Florida
Annette V Nina
My Commiss,on GO 268€480
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kCAO
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FORM 12-BIDDERS CHECKLIST
IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the
Bidding Documents. Please read carefully,sign in the spaces indicated and return with your Bid. Bidder
should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Bid Schedule has been completed and attached.
5. Any required drawings,descriptive literature,etc.have been included.
6. Any delivery information required is included.
7. The following on-line standard documents have been reviewed and accepted in BidSync:
a. Construction bid instructions form
b. Construction services agreement
c. Purchase order terms and conditions
8. All of the following bid forms have been completed and signed:
a. Bid Form(Form 1)
b. Contractors Key Personnel(Form 2)
c. Material Manufacturers(Form 3)
d. List of Major Subcontractors(Form 4)
e. Statement of Experience(Form 5)
f. Trench Safety Act(Form 6)
g. Bid Bond Form(Form 7)
h. Insurance and Bonding Requirements(Form 8)
i. Conflict of Interest Affidavit(Form 9)
j. Vendor Declaration Statement(Form 10)
k. Immigration Law Affidavit Certification(Form 11)MUST be signed and attached with your
submittal or you MAY be DEEMED NON-RESPONSIVE
1. Signed Grant Provisions and Assurances package in its entirety, if applicable,are executed and
should be included with your submittal. All forms must be executed,or you MAY be DEEMED
NON-RESPONSIVE.
9. Copies of required information have been attached
a. Business tax Receipt(Collier County Businesses Only)
b. Company's E-Verify profile page or memorandum of understanding
c. Certificate of Authority to Conduct Business in State of Florida(sunbiz.org)
d. Any required professional licenses—valid and current(myfloridalicense.com)
ie:General Contractors license,Underground Utility and Excavation,Builders,
Trade Contractors,etc.,as applicable,requested and/or required.)
10. If required,the amount of Bid bond has been checked,and the Bid bond or cashier's check has been
submitted.
11. Any addenda have been signed and acknowledgement form attached and included,or you MAY be
DEEMED NON-RESPONSIVE.
12. The Bid will be uploaded in time to be received no later than the specified opening date and time,otherwise
the Bid cannot be considered.
Detail by Entity Name Page 1 of 3
Florida Department of State D:•rs,or;of CORPORATONS
Department at State / Division of Corporations / Search Records / Search by Entity Name/
Detail by Entity Name
Florida Profit Corporation
ZEP CONSTRUCTION, INC.
Filing Information
Document Number 422245
FEI/EIN Number 59-1448314
Date Filed 03/29/1973
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 12/30/2005
Event Effective Date NONE
Principal Address
7802 JEAN BLVD.
FORT MYERS,FL 33967
Changed: 01/04/2010
Mailing Address
7802 JEAN BLVD.
FORT MYERS, FL 33967
Changed: 01/04/2010
Registered Agent Name&Address
ZEPCEVSKI,JOVAN A.
7802 JEAN BLVD
FT.MYERS, FL 33967
Address Changed:01/04/2010
Officer/Director Detail
Name&Address
Title PST
ZEPCEVSKI,JOVAN A
7802 JEAN BLVD
FT MYERS, FL 33967
Title VP
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/29/2021
Detail by Entity Name Page 2 of 3
ZEPCEVSKI,TERESA
7802 JEAN BLVD
FT MYERS, FL 33967
Title VP
SCRIBNER,KIRK
7802 JEAN BLVD
FT MYERS, FL 33967
Annual Reports
Report Year Filed Date
2019 04/ 02/2019
2020 01/17/2020
2021 03/09/2021
Document Images
03/09/2021--ANNUAL.REPORT View image in PDF format
01i17/2020--ANNUAL REPORT View image in PDF format
04/02/2019 ANNUAL REPORTI View image in PDF format
03/27/2018--ANNUAL REPORT' View image in POE format
03/17/2017--ANNUAL REPORT View image in PDF format
02/ 09/2016--ANNUAL REPORT View image in PDF format
01/07/2015--ANNUAL REPORT View image in PDF format
03119/2014--ANNUAL REPORT View image in PDF format
01/21/2013-•ANNUAL REPORT View image in PDF format
01ft !2^,?2.,-;;;-ANN,SIAL,_REF ORT View image in PDF format
01/032011--ANNUAL REPORT View image in PDF format
01/042010--ANNUAL REPORT View image in PDF format
01/05/20009--ANNUAL REPORT View image in PDF format
01/07/2008--ANNUAL REPORT View image in PDF format
01/08/2.007--ANNUAL REPORT View image in PDF format
01/04/2006 ANNUAL REPORT View image in PDF format
12/30/2005--Amendment View image in PDF format
02/02/2005--ANNUAL REPORT View image in PDF format
02/19/2004--ANNUAL REPORT View image in PDF format
02/10/2003--ANNUAL REPORT View image in PDF format
02/ 04/2002--ANNUAL.REPORT View image in PDF format
01127/2001--ANNUAL REPORT View image in PDF format
01/20/2000--ANNUAL REPORT View wage in PDF format
03/11/1999-ANNUAL REPORT View image in PDF format
03/02i1998--ANNUAL REPORT View image in POE format
03/25/1997--ANNUAL REPORT View image in PDF format
04/ 24/1996--ANNUAL REPORT View image in PDF format
ia9Ca Stapattment al State,civ:san of Co(poorations
htt //search.sunbiz.or /In uir /Co orationSearch/SearchResultDetail?in uir t e—Entit 3/29/2021p g 9 Y a Y Yp — Y•••
Detail by Entity Name Page 3 of 3
http://search.s u n biz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/29/2021
State of Florida
Department of State
I certify from the records of this office that ZEP CONSTRUCTION,INC. is a
corporation organized under the laws of the State of Florida,filed on March 29,
1973.
The document number of this corporation is 422245.
I further certify that said corporation has paid all fees due this office through
December 31, 2020,that its most recent annual report/uniform business report
was filed on January 17,2020,and that its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
Given under nsy heed and the
Great Seal ofthe State of Florida
at Tallahassee,the Capital,this
the Seventeenth day of!tummy,
2020
At11144f14".
Secretary of State
Tracking Mosher:43569e6252CC
To asthesttcate tbis cernoeate;.hit the toBawhe Amster this number,sad then
fellow the tasbctisas dished.
Laps://senioeassbiz o tasACertilics/eARtheatleatioe
CA()
STATEOFFLORIDA DEPARTMENT
dblapr 0 A.AND PROFBSIONAL
1"4""mir...415m
COUIFEDCGCD518a4ROWOOJTOROCTOk
124"1"9111112°2°
4 Ada
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LICENSID ,434/04* STATUTES
COMMON DATE Aufigsro.204
FE)CrIal
Florida Department of Transportation
RON IMAMS 605 Suwannee Stied ICEVIN J.THIBAULT.P.8
GOVERNOR Tallahassee,FL 323994450 SECRETARY
February 21, 2020
ZEP CONSTRUCTION, INC.
7802 JEAN BLVD
FORT MYERS, FLORIDA 33967
RE: CERTIFICATE OF QUALIFICATION
Dear Sir/Madam:
The Department of Transportation has qualified your company for the type of
work indicated below. Unless your company is notified otherwise, this
Certificate of Qualification will expire 3/30/2021. However, the new
application is due 1/31/2021.
In accordance with 8.337.14 (1) F.S. your next application must be filed
within (4) months of the ending date of the applicant's audited annual
financial statements.
If your company's maximum capacity has been revised, you can access it by
logging into the Contractor Prequalification Application System via the
following links
BrrPS://fdotwpi.dot.state.fl.us/ContractorPreQualification/
Once logged in, select 'View" for the most recently approved application, and
then click the "Manage" and "Application Summary" tabs.
FDOT APPROVED WORK CLASSES:
BASCULE BRIDGE REHABILITATION, DRAINAGE, FLEXIBLE PAVING, GRADING, GRASSING,
SEEDING AND SODDING, INTERMEDIATE BRIDGES, MAJOR BRIDGE - BRIDGES OF
CONVENTIONAL CONSTRUCTION WHICH ARE OVER A WATER OPENING OF 1,000 FEET OR
MORE, MAJOR BRIDGE - CAST IN PLACE / POST-TENSIONED / SUPER-STRUCTURE, MAJOR
BRIDGE - CONCRETE SEGMENTAL CONSTRUCTION, MAJOR BRIDGE - CURVED STEEL
GIRDERS, MINOR BRIDGES, PORTLAND CEMENT CONCRETE ROADWAY PAVING, R&R
INTERMEDIATE BRIDGES ("R&R" IS REPAIR AND REHABILITATE), R&R MAJOR BRIDGE -
BRIDGES OF CONVENTIONAL CONSTRUCTION WHICH ARE OVER A WATER OPENING OF 1,000
FEET OR MORE, R&R MAJOR BRIDGE- CURVED STEEL GIRDERS, R&R MINOR BRIDGES,
SIDEWALK, SEAWALLS, SOIL ANCHORS, STEEL SHEET PILING, DRILLED SHAFTS,
MISCELLANEOUS MARINE CONSTRUCTION, POST-TENSIONING, RIP RAP, RETAINING WALL
You may apply for a Revised Certificate of Qualification at any time prior to
the expiration date of this certificate according to Section 14- 22.0041(3) ,
Florida Administrative Code (F.A.C.) , by accessing your most recently
approved application as shown above and choosing "Update" instead of "View."
If certification in additional classes of work is desired, documentation is
needed to show that your company has done such work with your own forces and
equipment or that experience was gained with another contractor and that you
have the necessary equipment for each additional class of work requested.
www.fdot.gov
OCAb
i
ZRP CONSTRUCTION, INC.
February 21, 2020
Page Two
All prequalified contractors are required by Section 14-22.006(3), F.A.C., to
certify their work underway monthly in order to adjust maximum bidding
capacity to available bidding capacity. You can find the link to this report
at the website shown above.
zeSinccerely,e/it/
Alan Autry, M ager
Contracts nistration Office
AA:cj
CAO
Form W-9 Request for Taxpayer
one.Font)to the
Department of he Trowel
Rev.October2014 Identification Number and Certification meter.Do not
Re te°
ServiceMemoRevenue11.Go
sh on your l,cor,e tau
to www.hs.goot/Fo reM9 fee Instructions and eta What intoenruon.Ner
sand M the IRS.
Rehm).Name is requited on this hire:do not baste this the blank_
Zep Construction Inc.
2 Bushes remeideregrrled entity name,If different from above
Check appropriate box3
folbtrlg seven boxes.
for federal tax deffiatbrn of the person places rrimr k ender*on sale 1.Check only ofonethe4Exemptions(codes apply only to
olden entitles.not hdivlduais:see
E Individual/sole proprietor or c Corporation 03 Corporation El Partnership 0 Trust/es
nstructons an psua
shpl member LLC
Etanpt payee code(nary)0 Limited Neblity company.Enter the for dasseuRion(C-C corporation.errs corporation,PPartnerstrlip)t NocIIk Check b box t th
ra ve for
thatthe tax dessNodion of the duple-momber ownr. Do not check Exemption from FATCA reportinganotherticthatisnetdlregrdeddiromthecanerforU.S tax
wearded
pywwsca*
les Ow owner of the L
LLC
it
or any)thatisdisregardedfromttu'owner should check the appropriate box for the tax classification of Its owwn r.
enember
amen(see
era ec a sxoae.+•ee,YMa.•er re us)5 Address(number,street,and apt.or suite no.)See instructions.
Requester's rune and address(optional)GI 7802 Jean Blvd
e City.etate.and ZIP code
Fort Myers, FL 33967
7 List eocotrd nu mba(a)here(aptiora5
P.u I I Taxpayer ration Number(TIN)
Enter your TIN in the appropriate box.The TiN provided must match the name given on line 1 to avoid I Social esouig,numberbackupwithholding.For individuals,this Is generally your social security number(SSN).However,for aresidentalien,sole proprietor,or disregarded entity,see the Instructions for Part I,later.For other
entitles,It Is your employer identification number FIN).H you do not have a number,see How to get aTel,later.
orNollHtheaccountisinmorethanone
Number To Cris the Requester tor
name,see the instructions
to
for rate 1.Also see Whet Harare and I Hoye M!a
rMsoasI
on numbs' )
guidelines on whose number to enter.
l 5
r--i _
1 1 4 4 8 3 I 1 I 4
Part Ii
9
j l
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);and2.I pHsu to backup w ithholdng because:(a)I am exempt hem backup withholding,or(pj I have not been notified by the internal Revenue
no
rice(MS)I ern subject to backup withholding as a result of a failure to report a1 interest or dividends,or(c)the IRS has notified me that I ambackupwithholding;and
3.I am a U.S.citizen or other U.S.person(deemed below);and
4.The FATCA code(s)entered on this form(if any)Indicating tied I am exempt from FATCA reporting is correct
Certification kwtnicdoes.You must cross out Item 2 above It you have been notified by the IRS that you are currently subject to backup withholding becauseYouhavefatedtoreportailinterestanddividendsonyourtaxreturn.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,coat ttiutlons to an Individual retirement arrangement(RA),and generally,paymentsotherthaninterestanddividends,you we not required to sign the certification.but you must provide your correct TIN.See the instructions for Part II,later.
H« J pewee Terri Mazure
J J ///D r 11J1,, o.er L1aea !2f wl W
General Instructions Form 1099-one(dividends,including those from stocks or mutualfunds)Section references are to the Internal Revenue Code unless otherwise
MRSC(various types of income,prizes awards,or grossnoted.
proceeds)Future developments.For the latest information about deveiopmenta •
Form 1099-BrelatedtoFormW-9 and Its instructions,such as legislation enacted
by )
mutual fund sales and certain other
after they were published,go to www.irs yov/Fo nW9. transactions
Form 1090-S(proceeds from real ewe transactions)Purpose of Form
Form/099-K(merchant card and third party network transactions)An individual or
information return the IRSS-9must obtairequestn)who is required to Ale an Form 1098(home mortgage interest),1088-E(student loanYtterest).your correct taxpayer 1098-T(tuition)identification number mN)which may Form 10gg_C(canceled dot)( individualtaxpayer identification number
taxpayer Identidicatbn number(ATii l),or employer Identification number •Form 1099-A(acquisition a abandonment of secured property)EIN,to report on an Infomnation return the amount paid to you,or other Use Form W-9 only Hamountreportableonaninfornationreturn.Examples of Information alien),to provide yourcorrect nN U.S person(Including a resident
returns Include,but are not limited to,the folbvdng_ q you do not rearm Form W-9 to the•Form 1099-iNT(Interest earned or requester with a TIN,you might
to subject to deckup withholdyg,See Whet is backup withholding,
Cat.No.,ttrt,x
Form W-9 Rev.10 o18)
Milt
r f Mr;
Company ID Number: 384545
THE E-VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
The parties to this agreement are the Department of Homeland Security (DHS)and the
Zep Construction, Inc. (Employer). The purpose of this agreement is to set forth terms and
conditions which the Employer will follow while participating in E-Verify.
E-Verify is a program that electronically confirms an employee's eligibility to work in the United States
after completion of Form 1-9, Employment Eligibility Verification (Form I-9). This Memorandum of
Understanding (MOU)explains certain features of the E-Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C.
1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility
Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE II
RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the following notices supplied by OHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system:
a. Notice of E-Verify Participation
b. Notice of Right to Work
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives' contact information changes.
3, The Employer agrees to grant E-Verify access only to current employees who need E-Verify access.
Employers must promptly terminate an employee's E-Verify access if the employer is separated from
the company or no longer needs access to E-Verify.
Page 1 of 17 E-Venfy MOU for Employers I Revision Date 06/01/13
Company xJNumber: 384545
4. The Employer agrees to become familiar with and comply with the most recent version of the
E-Nmrif/ User Manual.
5. The Employer agrees that any Employer Representative who will create E-Verifv cases will
complete the E'Verifv Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E~V*rJx in order to continue using E-Verify. Failure to complete a refresher tutorial
will prevent the Employer Representative from continued use ofE-Vehh/.
6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions-,
e. |fan employee presents a "List B" identity document, the Employer agrees to only accept "List
B" documents that contain a photo. (List B documents identified inDC.F.R. Q274a.2(b)(1)(B)) can
be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons, the Employer should contact E-Verih/at
888-404-4218.
b. If an employee presents a OHS Form 1'551 (Permanent Resident Card), Form 1-766
Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9,
the Employer agrees tomake a photocopy of the document and tu retain the photocopy with the
employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees contest. [)HS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only tothe exceptions noted previously in this paragraph, employees still retain the right
to present any List A. or List B and LietC. documnenKs)bz complete the Form 1'9.
7' The Employer agrees to record the case verification number on the employee's Form 1-9 or to print
the screen containing the case verification number and attach it \o the employee's Form |'9.
G. The Ernp}oye, agrees that, although it participates in E4/erify, the Employer has a responsibility to
complete, netoin. and make available for inspection Forms 1-9 that relate to its mrnp}oymem' or from other
requirements of applicable regulations or laws, including the obligation to comply with the
antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures.
8. The following modified requirements are the only exceptions toan Employer's obligation tonot
employ unauthorized workers and comply with the and-discrinmination provision cf the |yJ/\: (1) List B
identity documents must have photos, as described in paragraph 6 above; (2)When an Employer
confirms the identity and employment eligibility of newly hired employee using E-Verifyprooedures,
the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A)of
the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the
Employer receives a final nonGonfirmation for an employee, but continues to employ that person,
the Employer must notify DHS and the Employer is subject to a civil money penalty between $550
and $1.100 for each failure to notify DHS of continued employment following a final
nonoonhnnaUon; (4) |f the Employer continues 10 employ @Oemployee after receiving a final
nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly
Page zvv1rs*ernywmu for Employers|Revision Date o*mx10
NY ,
Company WJNumber: 384545
employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant
is civilly or criminally liable under any law for any action taken in good faith based on information
provided through the E-Vehfv.
b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other
enforcement or compliance activity authorized by law, including site visits, to ensure proper use of
E~Verify.
0. The Employer is strictly prohibited from creating 8ME-V8hfv case before the employee has been
hired, meaning that @ firm offer of employment was extended and accepted and Form |'9was
completed. The Employer agrees to create an E-Verifycese for new employees within three Employer
business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been
Conlp|e\ad). and 1O complete aS many steps of the E'Vehh/ process g8 are necessary according tVthe
E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended
until it is again operational in order to accommodate the Employees attempting, in good faith, to make
inquiries during the period ofunavailability.
10. The Employer agrees not to use E-Vm,ih/for pre-employment screening of job applicants, in
support of any unlawful employment practice, or for any other use that this MOU or the E-VerifyUser
Manual does not authorize.
11. The Employer must use E4/er|fy for ail new employees. The Employer will not verify selectively
and will not verify employees hired before the effective date of this M{JU. Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article i|.B of this W1W
12. The Employer agrees to follow appropriate procedures (see Article I It below) regarding tentative
UVncoDfirmationS. The Employer must promptly notify employees in private of the finding and provide
them with the notice and letter containing information specific to the employee's E-Verify case. The
Employer agrees to provide both the English and the translated notice and letter for employees with
limited English proficiency to employees. The Employer agrees to provide written referral instructions
to employees and instruct affected employees to bring the English copy of the letter to the SSA. The
Employer must allow employees 03 contest the finding, and not take adverse action against employees
iy they choose Umcontest the finding, while their case is still pending. Further, when employees contest
a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps
see Article III.B. below) to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the
ernp|c4nae's perceived employment eligibility status while SSA or DHSie processing the verification
request unless the Employer obtains knowledge (as defined in8C.F.R. § 274m.1(1))that the employee
is not work authorized. The Employer understands that an initial inability of the SSA or [)HS automated
verification system to verify work authorization, a tentative nonconfirmation, a case in continuance
indicating the need for additional time for the government tQresolve a ca8e\. orthe finding ofaphoto
mismatch, does not establish, and should not be interpreted as, evidence that the employee \o not work
authorized. In any of such cases, the employee must be provided a full and fair opportunity tocontest
the finding, and ifhoor she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
Page acv1rs-V*nfywou for Employers|Revision Date oam1/13
SIM
Company ID Number: 384545
including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee's employment.
Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-
4218 (customer service) or 1-888-897-7781 (worker hotline).
14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 2748 of
the INA as applicable by not discriminating unlawfully against any individual in hiring, firing,
employment eligibility verification, or recruitment or referral practices because of his or her national
origin or citizenship status, or by committing discriminatory documentary practices. The Employer
understands that such illegal practices can include selective verification or use of E-Verify except as
provided in part D below, or discharging or refusing to hire employees because they appear or sound
foreign" or have received tentative nonconfirmations. The Employer further understands that any
violation of the immigration-related unfair employment practices provisions in section 2748 of the INA
could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of
Title VII could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 2748 of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision,
it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the
employment eligibility of employees as authorized by this MOU. The Employer agrees that it will
safeguard this information, and means of access to it(such as PINS and passwords), to ensure that it
is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that
it is not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
16. The Employer agrees to notify OHS immediately in the event of a breach of personal information.
Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Verifv@dhs.00v. Please use "Privacy Incident— Password" in the subject line of your email when
sending a breach report to E-Verify.
17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy
Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act(42 U.S.C. 1306(a)). Any person who
obtains this information under false pretenses or uses it for any purpose other than as provided for in
this MOU may be subject to criminal penalties.
18. The Employer agrees to cooperate with OHS and SSA in their compliance monitoring and
evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon
Page 4 of 17 E-Verify tv1011 for Employers Revision Date 06/01/13
INS
ry
Company ID Number: 384545
reasonable notice, to review Forms 1-9 and other employment records and to interview it and its
employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner
to OHS requests for information relating to their participation in E-Verify.
19. The Employer shall not make any false or unauthorized claims or references about its participation
in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its
services as federally-approved, federally-certified, or federally-recognized, or use language with a
similar intent on its website or other materials provided to the public. Entering into this MOU does not
mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used
therein has been provided or approved by OHS, USCIS or the Verification Division, without first
obtaining the prior written consent of DHS.
21, The Employer agrees that E-Verify trademarks and logos may be used only under license by
DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not
be used in any manner that might imply that the Employer's services, products, websites, or
publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.
22. The Employer understands that if it uses E-Verify procedures for any purpose other than as
authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its
participation in E-Verify according to this MOU.
B. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment
verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most
current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify
Supplemental Guide for Federal Contractors.
2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands
that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the
FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in
FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer
may not create a second case for the employee through E-Verify.
a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract
award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of
contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires
using E-Verify. The Employer must verify those employees who are working in the United States,
whether or not they are assigned to the contract. Once the Employer begins verifying new hires,
such verification of new hires must be initiated within three business days after the hire date. Once
enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees
assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
Page 5 of 17 E-Verity MOU for Employers Revision Date 06/01/13
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Company ID Number: 384545
b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E-Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who
are working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract. After
enrollment, Employers must elect to verify existing staff following OHS procedures and begin
E-Verify verification of all existing employees within 180 days after the election.
e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify
case for an employee assigned to a contract as long as:
I. That Form 1-9 is complete (including the SSN) and complies with Article ll.A.6,
ii. The employee's work authorization has not expired, and
ill, The Employer has reviewed the Form 1-9 information either in person or in
communications with the employee to ensure that the employee's Section 1, Form 1-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the
previous Form 1-9 to provide the necessary information if:
i. The Employer cannot determine that Form 1-9 complies with Article 11,A.6,
ii. The employee's basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form 1-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with
Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/81/13
Ee .V
Company ID Number: 384545
Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551)that expired after
completing Form 1-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Articlell.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual.
g. The Employer agrees not to require a second verification using E-Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article.
3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer's compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA's
database.
2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA
also agrees to limit access to such information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E-Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a),
the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E-Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that
more than eight days may be necessary. In such cases, SSA will provide additional instructions to the
employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final
nonconfirmation to the employer.
Note: If an Employer experiences technical problems, or has a policy question, the employer should
contact E-Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from OHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and
Page 7 of 17 E-Venfy MOU for Employers 1 Revision Date 06/01/13
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6_
Company IDNumber 384545
b. Photo verification checks (when available) onemployees.
2 DHS agrees to assist the Employer with operational problems associated with the Employer's
participation inE-Vehfv. OHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives tobe contacted during the E-Verifvprocess.
3. DHS aQnamw to provide to the Employer with access to E-Verifytraining materials as well as an
E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use Dy E~Verify.
4. OHS agrees tn train Employers on all important changes made tVE'Verifv through the use of
mandatory refresher tutorials and updates to the E-VerMy User Manual. Even without changes 10
E4/erifv. DHS reserves the right to require employers to take mandatory refresher tutorials,
5. DHS agrees to provide to the Employer a notice,which indicates the Employer's participation in
E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of
Special Counsel for\[nrnig ration-Related Unfair Employment Practices ((JSC), Civil Rights Division,
U.S. Department ofJustice.
G. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and
password that permits them to log intoE'V9'if«.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
information to individuals responsible for the verification process, for evaluation of E-Verify, or to such
other persons or entities as may be authorized by applicable law, Information will be used only to verify
the accuracy of Social Security numbers and employment e|igihiUty, to enforce the |NAand Federal
criminal |mvvs, and hoadminister Federal contracting requirements.
8. QHS agrees bz provide a means of automated verification that provides (in conjunction vithSSA
verification procedures)confirmation or tentative nonconfirmation of employees' employment eligibility
within three Federal Government work days Df the initial inquiry.
3. DHS agrees to provide a means of secondary verification (including updating DHS records)for
employees who contest DHS tentative nnnconfinnaUons and photo mismatch tentative
nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment
eligibility within 10 Federal Government work days of the date 0Jreferral to DHS. unless QH8
determines that more than 10 days may be necessary. In such cases, DHS will provide additional
verification instructions.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1 If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the
notice as directed byE-VerJv. The Employer must promptly notify employees |n private ufthe finding
and provide them with the notice and letter containing information specific to the ernphoyee'sE4/erffv
Page nm1rs-VevfymmU for Employers|Revision Date o6/o,/1a
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Company ID Number: 384545
case. The Employer also agrees to provide both the English and the translated notice and letter for
employees with limited English proficiency to employees. The Employer agrees to provide written
referral instructions to employees and instruct affected employees to bring the English copy of the letter
to the SSA. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as
directed by E-Verify. The Employer must record the case verification number, review the employee
information submitted to E-Verify to identify any errors, and find out whether the employee contests the
tentative nonconfirmation. The Employer will transmit the Social Security number, or any other
corrected employee information that SSA requests, to SSA for verification again if this review indicates
a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSN from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly
notify employees in private of the finding and provide them with the notice and letter containing
information specific to the employee's E-Verify case. The Employer also agrees to provide both the
English and the translated notice and letter for employees with limited English proficiency to
employees. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a
tentative nonconfirmation.
4. if the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the
Page 9 of 17 E-Venfy MOU for Employers Revision Date 013/01i13
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Company ID Number: 384545
employee to contact DHS through its toll-free hotline(as found on the referral letter)within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or
passport card to DHS for review by:
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).
7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the
Employer must forward the employee's documentation to DHS as described in the preceding
paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will
determine the photo match or mismatch.
8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1. SSA and OHS will not charge the Employer for verification services performed under this MOU, The
Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an
Employer will need a personal computer with Internet access.
ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the
SSA and OHS operates the E-Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify
checking against additional data sources and instituting new verification policies or procedures, will be
covered under this MOU and will not cause the need for a supplemental MOU that outlines these
changes.
Page 10 of 17 E-Verify MOU for Employers I Reviston Date 06/01113
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Company ID Number 384545
B. TERMINATION
1, The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days
prior written notice to the other parties.
2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the
Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E-Verify procedures and/or legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state
where E-Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer's business.
3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that
requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor
must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such
notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this
MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify
procedures to verify the employment eligibility of all newly hired employees.
4.The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer
is terminated from E-Verify.
ARTICLE VI
PARTIES
A, Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and
SSA and DHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against the Employer, its agents, officers, or employees.
C.The Employer may not assign, directly or indirectly, whether by operation of law, change of control or
merger, all or any part of its rights or obligations under this MOU without the prior written consent of
DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations herein is void.
D. Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but
not limited to) any dispute between the Employer and any other person or entity regarding the
applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
E. The Employer understands that its participation in E-Verify is not confidential information and may be
disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,
Page 11 of 11&Verify MOU for Employers I Revision Date 06101113
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e 4.-
Company ID Number: 384545
Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with
Federal contractual requirements, and responses to inquiries under the Freedom of Information Act
FOIA).
F. The individuals whose signatures appear below represent that they are authorized to enter into this
MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate
statement, representation, data or other information provided to DHS may subject the Employer, its
subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to
18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or
suspension.
G.The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E-Verify participant, you should only sign the Employer's Section of the
signature page. If you have any questions, contact E-Verify at 1-888- 464-4218.
Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/ 13
1
E-Verily f lit •
Company ID Number: 384545
Approved by:
Employer
Zep Construction,Inc.
Name (Please Type or Print) Title
Jovan A Zepcevski
Signature Date
Electronically Signed 01/11/2011
Department of Homeland Security—Verification Division
Name (Please Type or Print) Title
USCIS Verification Division
Signature Date
Electronically Signed 01/11/2011
Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
Company ID Number: 384545
Information Required for the E-Verify Program
nformation relating to your Company:
Zep Construction,Inc.
Company Name
7802 Jean Blvd.
Fort Myers,FL 33967
Company Facility Address
Company Alternate Address
County or Parish LEE
Employer Identification Number 591448314
North American Industry
Classification Systems Code
237
None
Parent Company
Number of Employees 20 to 99
Number of Sites Verified for 1
Page 14 of 17 E-Verify MOU for Employers(Revision Date 06/01/ 13
Ever.,
Company ID Number: 384545
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
FLORIDA site(s?
Page 16 of 1/ E-Vertfy MOU for Employers Revision Date 06,01/13
CAO
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Company ID Number: 384545
Information relating to the Program Administrator(s)for your Company on policy questions or
operational problems:
Name Ed G Simon
Phone Number (239)267-8778
Fax Number (239)267-7907
Email Address ed@zepconstruction.com
Name Annette Nizza
Phone Number (239) 267-8778
Fax Number (239) 267-7907
Email Address annette@zepconstruction.com
Name Javan A Zepcevski
Phone Number (239) 267-8778
Fax Number (239)267-7907
Email Address zep@zepconstruction.com
Page 16 of 17 E-Verify MOU for Employers Revision Date 06/01/ 13
era.-ry
Company ID Number: 384545
Page intentionally left blank
Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name Personnel Category
Kirk Scribner Construction Superintendent
Jaime Booth Project Manager
10
Construction Services Agreement:Revised 01.28.21 (v9)
c A0,
VTC >
INSURANCE
GROUP
April 7, 2021
Collier County
3295 Tamiami Trail East
Naples, Florida 34112
Re: Zep Construction, Inc.
Bond No.: 013 129 456
Project: Bridge Replacement-Bridge Package B-4 Bridges IMM Countyline Rd
Project#21-7850-ST
Contract Amount: $9,285,476.43
To Whom It May Concern,
Please use this letter as authorization to insert the Contract Date on the attached bond for the
above referenced project, on behalf of the Surety.
If you should have any questions or concerns, please do not hesitate to contact me.
Sincerely,
Wec•Idy.L. Hingson
A_torney-in•Fact
Confidence. For What's Next.'"
P()It f 'I S I U e r'I I ICI' 6820 PORTO FINO CIRCLE,SUITE 2,FORT MYERS,FL 33912 P 239.275.8226 I' 239. 275.8837
EXHIBIT B-1: PUBLIC PAYMENT BOND
ITB# 21-7850-ST
Bond No. 013 129 456
Contract No. 21-7850-ST
KNOW ALL MEN BY THESE PRESENTS: That Zep Construction, Inc.
7802 Jean Boulevard, Fort Myers, Florida 33967 as Principal, and
Liberty Mutual Insurance Company as Surety,
located at 175 Berkeley Street, Boston, Massachusetts 02116 Business
Address) are held and firmly bound to Collier County as Obligee in the
sum of Nine Million Two Hundred Eighty Five Thousand Four Hundred Seventy Six and 43/t00 9,285,476.43 ) 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 E1 day of
20 a t , with Obligee for Bridge Replacement-Bridge Package B-4 Bridges-IMM-Co line Rd in
Collier County 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 7th day of
April 2021 , the name of each party being affixed and these presents duly signed
by its under-signed representative, pursuant to authority of its governing body.
ti
Construction Services Agreement:Revised 01.28.21 (v9)
Signed, sealed and delivered
in the presence of: r
PRINCIPAL'f'
7 ZEP CON TRUCTION, IN
4,_, BY:
Witnesses as to Principal NAME: it.
ITS: /r,
STATE OF
COUNTY OF ZA,
The foregoing instrument was ackn wtig- ed before me by ans,of "physical presence or 0
onlpe' notarizati n, this . !`i9ay of 120.Z1, by
of ,Z hH.P(L'. JAW i//e-- , a r/(i/S /}/ ' corporation, on
behalf of the corporation. Fire/she is personally known to me OR has produced
R as identification and did (did not)
take an oath.
My Commission Expires: f`c..3/ J 4I?ll1' j lJ tf._.S. nature of Not ry Public)
Notary Public State of Florida
1/1 k" Y//' Y
2*Anntt V Nza NAME:
M Commissionee
iz
GG 268980
Ico.- 1 Expires 02/13/2023
Legibly Printed)
r
AFFIX OFFICIAL SEAL) Notary Public, State of
n f
f'
Commission No.:L C y4
ATTEST: SURETY:
LIBERTY MUTUAL INSURANCE COMPANY
Printed Name)
175 Berkeley Street,
Boston, Massachusetts 02116
Business Address
Authorized Signature)
Witnesses to Surety Printed Name)
12
Construction Services Agreement:Revised 01.28.21 (v9)
OR
AsAttorney in Fact
Attach Power of Attorney)
Wendy L. Hingson,Attorney-In-fact
and Florida Resident Agent(239)7t3-822
Witnesses Printed Name)
VTC Insurance Group
6820 Porto Fino Circle, Suite 2,
Fort Myers, FL 33912
Business Address)
239) 275-8226
Telephone Number)
STATE OF Florida
COUNTY OF Lee
The foregoing instrument was acknowledged before me by means of MI physical presence or
online notarization, this 7th day of April 20 21 by
Wendy L. Hingson as Attorney-In-Fact and Florida Resident Agent
of Liberty Mutual Insurance Company a Massachusetts corporation, on
behalf of the corporation. *-P€/she is personally known to me OR has produced
N/A as identification and AXDC(did not)
take an oath.
r',My Commission Expires: Q-Q\
Signature of Notary Public)
Notary Public State of Florida
Dawn M Ortzo Dawn M. Onzo
g My Commission GG 328505 Name:
ID)
aw,s` Expires 08/01/2023 Legibly Printed)
AFFIX OFFICIAL SEAL) Notary Public, State of: Florida
Commission No.: GG 328505
13
Construction Services Agreement:Revised 01.28.21(v9)
EXHIBIT B-2: PUBLIC PERFORMANCE BOND
ITB# 21-7850-ST
Bond No. 013 129 456
Contract No. 21-7850-ST
KNOW ALL MEN BY THESE PRESENTS: That Zep Construction, Inc.
as Principal, and Liberty Mutual Insurance Company
as Surety, located at
175 Berkeley Street, Boston, Massachusetts 02116
Business Address) are held and firmly bound to
Collier County as Obligee in the sum of
Nine Million Two Hundred Eighty Five Thousand Four Hundred Seventy Six and 4-v1 QQ
9,285, 476.43 )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 d ted as of the tlf\ day of
r(\ 20 09 I , with Obligee for
Bridge Replacemen -Bridge Package B-4 Bridges-lMM-Cnuntyline Rd in
accordance with drawings and specifications, which contract is incorporated by reference and
made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses,damages, costs and attorneys'fees that Obligee sustains
because of any default by Principal under the Contract, including, but not limited to, all delay
damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract,then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this Bond.
The Surety,for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or
the specifications referred to therein shall in anywise affect its obligations under this bond, and it
does hereby waive notice of any such changes, extensions of time, alterations or additions to the
terms of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this 7th day of
April 20 21 , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
14
Construction Services Agreement:Revised 01.28.21 (v9)
J
Signed, sealed and delivered
in the presence of: PRINCIPAL
j ZEP CONST UCTIOI, INC,.
BY:
I
Witn ses as to Principal
NAME: A
ITS:P.,., ,r,',,d
STATE OF
COUNTY OF
Hf
L,E,
The foregoing instrument was acknowle ed before me by eans of [ 'physical presence or 0
onlile notarization, this , of 2 by
t. vim( 19 j. as
of i411 //la,, F 1(14 corporation, on
behalf of/ the co oration. He/she is personally known to me OR has producedl as identification and did (did not)
take an oath. JJ
i+
r Notary Public State of Ronda Signature of otary RubLb ` z /
Annette V Nizza
p My Coesmm
02 tission3120 23
268980
Name: f X/,r , 1/ /.2/q
0•Atl" Expir
Legibly Printed)
AFFIX OFFICIAL SEAL) Notary Public, State of: `'/t-L'.C-rT
Commission No.: . % GS
15
Construction Services Agreement:Revised 01.28.21 (v9)
ATTEST: SURETY:
LIBERTY MUTUAL INSURANCE COMPANY
Printed Name)
175 Berkeley Street,
Boston, Massachusetts 02116
Business Address)
Authorized Signature)
Witnesses as to Surety Printed Name)
OR
i As Attorney in Fact
Attach Power of Attorney)
Wendy L. Hingson, Attorney-In-Fact anc,i _`.'. .:.? Florida Resident Agentf7
Witnesses Printed Name)
VTC Insurance Group
6820 Porto Fino Circle, Suite 2
Fort Myers, Florida 33912
Business Address)
239)275-8226
Telephone Number)
STATE OF Florida
COUNTY OF Lee
The foregoing instrument was acknowledged before me by means of & physical presence or
online notarization, this 7th day of April 2021 , by
Wendy L. Hingson as Attorney-In-Fact and Florida Resident Agent
of Liberty Mutual Insurance Company a Massachusetts corporation, on
behalf of the corporation. Mk/she is personally known to me OR has produced
N/A as identification and S (did not)
take an oath.
My Commission Expires: JIGLL)C\ \ (u 1 ' (7)Of‘)Signature of Notary Public)
0 Notary Public State of Florida
4 Dawn M Onzo Dawn M. Onzo
My Commhsion GG 328505
Printed)
AFFIX
Explros0B/o1no23 Legibly
AFFIX OFFICIAL SEAL) Notary Public, State of: Florida
Commission No.: GG 328505
16
Construction Services Agreement:Revised 01.28.21 (v9)
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7718891
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation dulyorganizedunderthelawsoftheStateofIndiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint,Dawn M.Onzo;Wendy L.Hinqson
all of the city of Fort Myers ,state of FL each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge
and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 5th day of April 2017 .
CC
1,
a'^ r- f `The Ohio Casualty Insurance Company vl
r
9, Liberty Mutual Insurance Company d
i West American Insurance Company yJJ
y By:
1 /
1
l71w, ,'
C STATE OF PENNSYLVANIA ss David M.Carey(Assistant Secretary C
I- COUNTY OF MONTGOMERYal
13.
O O
On this 5th dayof April 2017 L 0t31beforemepersonallyappearedDavidM.Carey,who acknowledged himself to be the Assistant Secretary of LibertyMutual Insurance
0 O Company,The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do,execute the foregoing instrument for the purposes >,V7
O 2 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a)LU
C
4, > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia.Pennsylvania,on the day and year first above written. O C
N = gP P. ?. COMMONWEALTH OF PENNSYLVANIA
idtellyt,Q M-12
W „
4-,'C I Notarial Sea: A ' w - tttlO.N o % 7 Teresa Pastella.Notary Public By: O
O i j Upper Mellon Twp..Montgomery County Teresa Pastella,Notary Public
L A,..
a,,
17 My Commission Expires March 29,2021 0 C
y2-/A ,Rv
5' Member,Pennsylvania Association of Notaries Q E
acoc` This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual .0 O
a ,,, Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: t O
Csind ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O c
t+, to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, Z+dOCacknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective =pEpowersofattorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so • O
a0 t.` executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >c
A
the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. O°
C..N3cARTICLEXIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E
o0
and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L MO
V seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their C aor
respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o
executed such instruments shall be as binding as if signed by the president and attested by the secretary. O iito
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in-
I-r
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies thi s ! " day of 20 .2 /
tom'*" ,..fl-tt..t. tt+9 1912 1991 By:
Renee C.Llewescistant Suc;atsry
1: ,,
w
171 of 250
LMS 12873 022017
EXHIBIT B-3: INSURANCE REQUIREMENTS
The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies
duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The
Contractor shall procure and maintain property insurance upon the entire project, if required, to the full
insurable value of the scope of work.
The County and the Contractor waive against each other and the County's separate Contractors, Design
Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property
insurance provided herein, except such rights as they may have to the proceeds of such insurance. The
Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's
separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar
waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on
behalf of Collier County", or, the specific solicitation number/contract number and title.
The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and
shall contain a severability of interests provisions.
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of
Insurance must state the Contract Number, or Project Number, or specific Project description, or must read:
For any and all work performed on behalf of Collier County.
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT
B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor
has any self-insured retentions or deductibles under any of the below listed minimum required coverage,
Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions
or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured
retentions or deductibles will be Contractor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the
date of completion and acceptance of the scope of work by the County or as specified in this solicitation,
whichever is longer.
The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Contractor. The Contractor shall also
notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer and
nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a
reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge
the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs
within thirty (30) days after demand, the County has the right to offset these costs from any amount due
17
Construction Services Agreement:Revised 01.28.21 (v9)
1
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:Revised 01.28.21 (v9)
Collier County Florida
Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
Evidence of Workers' Compensation coverage or a Certificate of Exemption issued
by the State of Florida is required. Entities that are formed as Sole Proprietorships
shall not be required to provide a proof of exemption.An application for exemption
can be obtained online at https://apps.fldfs.com/bocexempt/
2. Employer's Liability single limit per occurrence
3. Commercial General Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current $ single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. 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/Consultant
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
ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consultant in the performance of this Agreement.
5. Automobile Liability 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
1,000,000 per claim and in the aggregate
2,000,000 per claim and in the aggregate
Project Professional Liability Per Occurrence
Valuable Papers Insurance Per Occurrence
19
Construction Services Agreement:Revised 01.28.21 (v9)
rt:
Cyber Liability Per Occurrence
Technology Errors & Omissions Per Occurrence
7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'
check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or
proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made
payable to the Collier County Board of County Commissioners on a bank or trust
company located in the State of Florida and insured by the Federal Deposit Insurance
Corporation.
8. Performance and For projects in excess of $200,000, bonds shall be submitted with the executed
Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award
amount, the cost borne by the Proposer receiving an award. The Performance and
Payment Bonds shall be underwritten by a surety authorized to do business in the
State of Florida and otherwise acceptable to Owner; provided, however, the surety
shall be rated as"A-"or better as to general policy holders rating and Class V or higher
rating as to financial size category and the amount required shall not exceed 5% of
the reported policy holders'surplus,all as reported in the most current Best Key Rating
Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
9. Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance
provisions.
10. Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General
Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance
maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed
accordingly.
11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work
performed on behalf of Collier County.
12. Thirty (30) Days Cancellation Notice required.
Contractor/Consultant's Insurance Statement
We understand 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.
Name of Firm Date
Signature
Print Name
Insurance Agency
Agent Name Telephone Number
20
Construction Services Agreement:Revised 01.28.21 (v9)
EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF (COLLIER)
STATE OF (FLORIDA)
Before me,the undersigned authority, personally appeared who after
being duly sworn, deposes and says:
1) In accordance with the Contract Documents and in consideration of $ to be received,
Contractor") releases and waives for itself and it's subcontractors, material-
men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the
Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between
Contractor and Owner, dated 20 for the period from to
This partial waiver and release is conditioned upon payment of the consideration described above.
It is not effective until said payment is received in paid funds.
2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against
any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor.
3) Contractor agrees to indemnify,defend and save harmless Owner from all demands or suits,actions,claims of liens or other
charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release
and Affidavit.
4) This Release and Affidavit is given in connection with Contractor's [monthly/final]Application for Payment No.
CONTRACTOR
BY:
Witness ITS: President
DATE:
Witness
Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or 0 online notarization,this
day of 20 by as
of a corporation,
on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not)take an oath.
My Commission Expires:
Signature of Notary Public)
NAME:
Legibly Printed)
Notary Public, State of
AFFIX OFFICIAL SEAL)
Commissioner No.:
21
Construction Services Agreement:Revised 01.28.21 (v9)
CAC'
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
Collier County Board of County Commissioners(the OWNER) or Collier County Water-Sewer
Owner's Project Bid No.
Manager's Name: Project No.
County's Division Name Purchase Order No.
Submitted by Contractor Application Date:
Representative: Name
Contractor's Name& Payment Application No.
Address:
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 $ Retainage @ 5%through [Insert $
Insert Date] date]
Retainage @ Less Retainage
after[Insert date]
Total Earned Less Retainage
Less previous payment(s)
Percent Work Completed AMOUNT DUE THIS
to Date: APPLICATION:
Percent Contract Time
Completed to Date:
Liquidated Damages to $ Remaining Contract Balance
Be Accrued
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION:
The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done
under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection
with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment
incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free
and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all
amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is
now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been
properly approved by Owner in writing and in advance of such Work.
Contractor's Name
Contractor's Signature: Date:
Type Title: Shall be signed by an authorized
representative of the Contractor.
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Design Professional's Name:
Signature: Date:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Owner's Project Manager
Name:
Signature: Date:
22
Construction Services Agreement:Revised 01.28.21 (v9)
EXHIBIT D(Continued) SCHEDULE OF VALUES
Project Name: Project Number:
Date:
Period To:
ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5%TOTAL
NUMBER VALUE MATERIALS COMPLETED COMPLETE TO KNISH RETAINAGE RETAINAGE RETAINAGE
PREVIOUSAPPUCATIONS THIS STORED Ireauaea ra cl WITHHBD
THRU DATE SINCE DATE PERIOD TO DATE
7 J ' e fir.,„ :.a,
E
1D,9,, c/N<,., `-
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 afterthat date is placed
in the Since Date column.This states what has happened since the change in retainage.
23
Construction Services Agreement:Revised 01.28.21 (v9)
Exhibit D
Continued)Stored Materials Record
Formula: A+ B- C- D = E
A B C D E
Balance
Invoice Previously Received Previously Installed To
Date Description Supplier Number Received This Period Installed This Period Install
24
Construction Services Agreement:Revised 01.28.21 (v9)
CAO
EXHIBIT E: CHANGE ORDER
An electronic data entry form may be found at:
http://bccspOl/SiteDirectory/ASD/Purchasing/Formsl/Forms/Default.aspx
Change Order Form
Contract*: Change*: Purchase Order*: Project*:
Contracto r(Firrn Name: Project Name:
Project Manager Name Department:
Criginal C.orrtractvVork lder Amount iginal BCC Approval Data;Agenda Item
Current BCC Apixoi.ed Amount Last BCC.Approval Date: Agenda Item#
Current CantractW ark Cyder Amour: SAP Contract Expiration Date(Master)
Collar Arountofthis Change DIVi0! Total Change from Original Amount
Revised CantractWcs Order Total = 0.00 DIV/0! Change from CurrentBCC App.Died'Amount
CurnuladveChanges 0.00 IV/0! Charge f Tom CurentAmount
Completion Date,Description of the Taskfs)Change,and Rationale for the Change
Notice to Proceer-1 Original Last Approved Revised Date
Date Completion Dat= Date R3'
if of Days Added Select Tasks CI Add newtask(s) Delete task's) CI Changetask(s) a Other laseLw_cAl
Provide a response to the following:1.)detai led and specific explanationlratio nale of the requested ch angers)to the tas kf s)and I or
the additional days added f if requested):2.)why th i s change wa s not included in the original contract;and,3.)describe the i m pact if
this change is not processed. Anacr ao'onoral information from the Des.,^Profess>oral arc D Contractor needed.
Prepared by: Dale:
Acceptance of r _ _ __ _ _ -- -•.. amodifcatiantocontract work order certrfie above ardroillbe subject toalithesame
terms andcor#rti contract.vaork order indicated above,as fully asrf the same were staled inthisacoe;etance.The
adjustmert,if any,t_...ne _ _._ constimeafulland final settlement ofatty and elicta.maof the Contrac ;Vendcr,`Coraultarta
Design Professional arising out of or related to the charge set forth herein,ire luding claims for im pact and delay costs.
Accepted by: Date:
Contractor.'Vendor.'Consultant,Design Professional and Name of Firm.if project applicable)
Approved by. Date:
Design Prof ass coral and Name of P irm,if project applicable)
Approved by: Date:
Procurement Professional
25
Construction Services Agreement:Revised 01.28.21 (v9)
AO
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. Design Professional's Project No.
PROJECT:
CONTRACTOR:
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified
parts thereof:
To
OWNER
And
To
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:
26
Construction Services Agreement:Revised 01.28.21 (v9)
AO`'
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a
release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents.
Executed by Design Professional on 20
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on 20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on 20
OWNER
By:
Type Name and Title
27
Construction Services Agreement:Revised 01.28.21 (v9)
EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.:PO No.: Date:
Contractor:
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner(attach to this form).
3. Effective date of General one-year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation.
Acknowledgments:
By Contractor:Company Name)
Signature)
Typed Name &Title)
By Design
Professional: Firm Name)
Signature)
Typed Name &Title)
By Owner: Department Name)
Signature)
Name&Title)
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EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1. 1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials
or equipment that may reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe work, materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or to the laws
or regulations of any governmental authority having jurisdiction over the Project, whether such
reference be specific or by implication, shall mean the latest standard specification, manual, code,
law or regulation in effect at the time the Work is performed, except as may be otherwise specifically
stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from the
Project Manager may require Contractor to consult directly with Design Professional or some other
third party, as directed by Project Manager. Contractor shall take field measurements and verify field
conditions and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any portion of the
Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and are
not intended to serve as shop drawings. Specifications are separated into divisions for convenience
of reference only and shall not be interpreted as establishing divisions for the Work, trades,
subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the
drawings, specifications or other Contract Document provisions, Contractor shall be required to
comply with the provision which is the more restrictive or stringent requirement upon the Contractor,
as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts,
screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any
portion of the Work to make a complete, serviceable, finished and first quality installation shall be
furnished and installed as part of the Work, whether or not called for by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself
concerning the nature and location of the Work and the general and local conditions, and particularly,
but without limitation, with respect to the following: those affecting transportation, access, disposal,
handling and storage of materials; availability and quality of labor; water and electric power;
availability and condition of roads; work area; living facilities; climatic conditions and seasons;
physical conditions at the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface conditions;
equipment and facilities needed preliminary to and during performance of the Work; and all other
costs associated with such performance. The failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the
Contract Documents, nor shall it be considered the basis for any claim for additional time or
compensation.
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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
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Construction Services Agreement:Revised 01.28.21 (v9)
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limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed
outside the specified hours without the prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project
Manager, for their review and approval, a schedule of values based upon the Contract Price, listing
the major elements of the Work and the dollar value for each element. After its approval by the
Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly
Applications for Payment. This schedule shall be updated and submitted each month along with a
completed copy of the Application for Payment form signed by the Contractor's authorized
representative and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the
Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the
work and materials involved and the dollar amount of each subcontract and purchase order.
Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted
with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior
written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days
after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by
Owner in its sole discretion, Contractor may submit its invoice for any required Payment and
Performance Bonds prior to the first Application of Payment provided that Contractor has furnished
Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's
sole discretion, Owner is not required to make any payment for materials or equipment that have not
been incorporated into the Project. If payment is requested on the basis of materials and equipment
not incorporated into the Project, but delivered and suitably stored at the site or at another location,
and such payment and storage have been agreed to by Owner in writing,the Application for Payment
also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security interests and
encumbrances, together with evidence that the materials and equipment are covered by appropriate
property insurance and other arrangements to protect Owner's interest therein, all of which shall be
subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also
shall complete and submit to Owner as part of its Application for Payment, the Stored Materials
Record attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or
her designee, as directed by Owner (which designee may include the Design Professional). After
the date of each Application for Payment is stamped as received and within the timeframes set forth
in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its
approval of the requested payment; (2) indicate its approval of only a portion of the requested
payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper
invoices in the amounts approved shall be processed and paid in accordance with Section 218.735,
F.S. and the administrative procedures established by the County's Procurement Services Division
and the Clerk of Court's Finance Department respectively.
4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project
Manager, the Contractor may make the necessary corrections and re-submit the Application for
Payment. The Owner shall, within ten (10) business days after the Application for Payment is
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Construction Services Agreement:Revised 01.28.21 (v9)
stamped and received and after Project Manager approval of an Application for Payment, pay the
Contractor the amounts so approved.
4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in
the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing
does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each
monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any
reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes,
shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released
to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with
Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner.
4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's
Work.
4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied
by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of
payment in full for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent directed by Owner
and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that
each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's
Application for Payment. The Owner shall not be required to make payment until and unless these
affidavits are furnished by Contractor.
4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of
funds must be spread over the duration of the Project at regular intervals based on the Contract
Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for
Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed
Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect
approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early
completion of the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work performed
under this Agreement, Contractor shall continue to perform the Work required of it under this
Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all
amounts that Owner does not dispute are due and payable.
4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract.Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract. The County may not accept
any additional surcharges (credit card transaction fees) as a result of using the County's credit card
for transactions relating to this solicitation
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Construction Services Agreement:Revised 01.28.21 (v9)
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.
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
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.
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7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval
of materials to be submitted such as shop drawings, data, test results, schedules and samples.
Contractor shall submit all such materials at its own expense and in such form as required by the
Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the
installation thereof.
7. 2 Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular supplier, the naming of the item is
intended to establish the type, function and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other suppliers may be
accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to
determine that the material or equipment proposed is equivalent or equal to that named. Requests
for review of substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project Manager
within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise
mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor
shall make application to the Project Manager for acceptance thereof, certifying that the proposed
substitute shall adequately perform the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that
specified. The application shall state that the evaluation and acceptance of the proposed substitute
will not prejudice Contractor's achievement of substantial completion on time, whether or not
acceptance of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)to adapt the
design to the proposed substitute and whether or not incorporation or use by the substitute in
connection with the Work is subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the application and available maintenance,
repair and replacement service shall be indicated. The application also shall contain an itemized
estimate of all costs that will result directly or indirectly from acceptance of such substitute, including
costs for redesign and claims of other contractors affected by the resulting change, all of which shall
be considered by the Project Manager in evaluating the proposed substitute. The Project Manager
may require Contractor to furnish at Contractor's expense additional data about the proposed
substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by the Contract Documents, Contractor may furnish or utilize a substitute means,
method, sequence, technique or procedure of construction acceptable to the Project Manager, if
Contractor submits sufficient information to allow the Project Manager to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents. The
procedures for submission to and review by the Project Manager shall be the same as those provided
herein for substitute materials and equipment.
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
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Construction Services Agreement:Revised 01.28.21 (v9)
record time required by the Project Manager and the Project Manager's consultants in evaluating
substitutions proposed by Contractor and making changes in the Contract Documents occasioned
thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner
for the charges of the Design Professional and the Design Professional's consultants for evaluating
each proposed substitute.
8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager
on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved
by the Project Manager. The daily log shall document all activities of Contractor at the Project site
including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during work hours,
the amount of precipitation received on the Project site, and any other weather conditions which
adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel;
8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working
at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use and
designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or the time
of performance.
The daily log shall not constitute nor take the place of any notice required to be given by Contractor
to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract
Documents, including, but not limited to, all drawings, specifications, addenda, amendments,
Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and
clarifications issued by the Design Professional, in good order and annotated to show all changes
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
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Construction Services Agreement:Revised 01.28.21 (v9)
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e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes,
corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The
As-Built" record documents, together with all approved samples and a counterpart of all approved
shop drawings shall be available to the Project Manager or Design Professional for reference. Upon
completion of the Work and as a condition precedent to Contractor's entitlement to final payment,
these "As-Built" record documents, samples and shop drawings shall be delivered to Project
Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation, which concern or relate to
the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement
or the date the Project is completed or such longer period as may be required by law, whichever is
later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those
contractual requirements in 119.0701(2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PubiicRecordRequest(7colliercountyfl.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
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.
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Construction Services Agreement:Revised 01.28.21 (v9)
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being
done on the Project by its subcontractors and material-men, as well as coordinating its Work with all
work of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures, as well as coordination of
all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers
and contractors as set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of government,
fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner
in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or
causes thereof, or be deemed to have waived any right which Contractor may have had to request
a time extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be responsible,
in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages
or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall
receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to
seek an extension to the Contract Time; provided, however, the granting of any such time extension
shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This
paragraph shall expressly apply to claims for early completion, as well as to claims based on late
completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work
under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any
right or claim Owner may have against Contractor for delay damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to increase or
decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized
estimate of any cost or time increases or savings it foresees as a result of the change. Except in an
emergency endangering life or property, or as expressly set forth herein, no addition or changes to
the Work shall be made except upon written order of Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such written order. No officer, employee or agent
of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be
approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs
of any changes commenced without Owner's express prior written approval. Failure to obtain such
prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for
such items and (ii) an admission by Contractor that such items are in fact not a change but rather
are part of the Work required of Contractor hereunder.
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
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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
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.
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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
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
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party for the matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding
Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply
with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense,with all federal, state and local laws, codes,
statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not
limited to those dealing with taxation, worker's compensation, equal employment and safety
including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor
observes that the Contract Documents are at variance therewith, it shall promptly notify Project
Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the
inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms
shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents
to the contrary, it is understood and agreed that in the event of a change in any applicable laws,
ordinances, rules or regulations subsequent to the date this Agreement was executed that increases
the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order
for such increases, except to the extent Contractor knew or should have known of such changes
prior to the date of this Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States, including the
requirements set forth in Florida Statute, §448.095.
The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Exceptions to the program:
Commodity based procurement where no services are provided.
Where the requirement for the affidavit is waived by the Board of County Commissioners
Contractors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also
required to provide the Collier County Procurement Services Division an executed affidavit certifying
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they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents.
If the Bidder/Contractor does not comply with providing both the acceptable E-Verify
evidence and the executed affidavit the bidder's /Contractor's proposal may be deemed non-
responsive.
Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for
all purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify)
program visit the following website: http://www.dhs.qov/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.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in
writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein,
without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement
or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor
all of the obligations and responsibilities that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work through an
internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier
County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to
deliver internal budget transfer documents to applicable Collier County agencies when the
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Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by
Subcontractors.
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.
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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
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.
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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
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,
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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
expense. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another
representative of the Owner, shall conduct an inspection of the warranted work to verify compliance
with the requirements of the Agreement. The Contractor's Representative shall be present at the
time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection.
Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify
the Contractor from future bid opportunities with the Owner, in addition to any other rights and
remedies available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and employees, and
governmental agencies with jurisdiction over the Project shall have access at all times to the Work,
whether the Work is being performed on or off of the Project site, for their observation, inspection
and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall
provide Project Manager with timely notice of readiness of the Work for all required inspections, tests
or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public
authority having jurisdiction over the Project requires any portion of the Work to be specifically
inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in
connection therewith and furnish Project Manager the required certificates of inspection, testing or
approval. All inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and
costs; to the extent such re-inspections are due to the fault or neglect of Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence
from the Project Manager, such work must, if requested by Project Manager, be uncovered for
observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project
Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted
with reasonable promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be uncovered
for Project Manager's observation and be replaced at Contractor's sole expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all
engineering and inspection expenses incurred by Owner in connection with any overtime work. Such
overtime work consisting of any work during the construction period beyond the regular eight(8) hour
day and for any work performed on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design Professional nor
inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to
perform the Work in accordance with the Contract Documents.
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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,
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
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i
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
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.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or any one for whom
Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and
any moneys necessary to replace such loss or damage shall be deducted from any amounts due
Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to
stresses or pressures that will endanger it.
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25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional
with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor
is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall
immediately notify Project Manager and Design Professional. The Owner or Design Professional
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
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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.
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;
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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;
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
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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:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax
and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct
purchases of various construction materials and equipment included in the Work("Direct Purchase").
Contractor shall prepare purchase orders to vendors selected by Contractor,for execution by Owner,
on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase
orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate
with Owner in implementing this sales tax savings program in order to maximize cost savings for the
Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the
amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be
processed promptly after each Direct Purchase, or group of similar or related Direct Purchases,
unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct
Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all Direct
Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges
and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty
to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of
the Contract Documents. In the event Owner makes a demand against Contractor with respect to
any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all
warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct
Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax
under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes.
33. SUBCONTRACTS.
33.1 Contractor shall review the design and shall determine how it desires to divide the sequence
of construction activities. Contractor will determine the breakdown and composition of bid packages
for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy
of that breakdown and composition to Owner and Design Professional for their review and approval
prior to submitting its first Application for Payment. Contractor shall take into consideration such
factors as natural and practical lines of severability, sequencing effectiveness, access and availability
constraints, total time for completion, construction market conditions, availability of labor and
materials, community relations and any other factors pertinent to saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing
any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible
for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work
Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and
shall review the costs of those proposals and advise Owner and Design Professional of their validity
and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change
Order from Owner. All Subcontractors performing any portion of the Work on this Project must be
qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the
capability in all respects to perform fully the Agreement requirements with respect to its portion of
the Work and has the integrity and reliability to assure good faith performance.
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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.
The list identifying each Subcontractor cannot be modified, changed, or amended without prior
written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor
must be approved in writing by Owner in its sole discretion prior to commencement of such work.
Contractor shall continuously update that Subcontractor list, so that it remains current and accurate
throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with
anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every
Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log
of all such licenses.All subcontracts and purchase orders between Contractor and its Subcontractors
shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing
by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents,
as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2)provide
for the assignment of the subcontract or purchase order from Contractor to Owner at the election of
Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party
of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an
additional insured on all liability insurance policies required to be provided by the Subcontractor
except workman's compensation and business automobile policies, (5) assign all warranties directly
to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or
purchase order. Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be
bound. Each Subcontractor shall similarly make copies of such documents available to its sub-
subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site)
supervision through a named superintendent for each trade (e.g., general concrete forming and
placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or
purchase order. In addition, the Subcontractor shall assign and name a qualified employee for
scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor
including field superintendent, foreman and schedulers at all levels) must have been employed in a
supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience for each
employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders
shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the
subcontract or purchase order caused by events beyond its control, including delays claimed to be
caused by Owner or Design Professional or attributable to Owner or Design Professional and
including claims based on breach of contract or negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in
the contract sum are limited exclusively to its actual costs for such changes plus no more than 10%
for overhead and profit.
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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
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
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Construction Services Agreement:Revised 01.28.21 (v9)
The Project files and records shall be available at all times to Owner and Design Professional or their
designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per
contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule
to be determined by the County Manager or his designee. Prior to the scheduled presentation date,
the Contractor shall meet with appropriate County staff to discuss the presentation requirements and
format. Presentations may include, but not be limited to, the following information: Original contract
amount, project schedule, project completion date and any changes to the aforementioned since
Notice to Proceed was issued.
35. SECURITY.
The Contractor is required to comply with County Ordinance 2004-52, as amended. Background
checks are valid for five (5)years and the Contractor shall be responsible for all associated costs. If
required, Contractor shall be responsible for the costs of providing background checks by the Collier
County Facilities Management Division for all employees that shall provide services to the County
under this Agreement. This may include, but not be limited to, checking federal, state and local law
enforcement records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to maintain
records on each employee and make them available to the County for at least four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1)year from the date of issuance and can be renewed each
year at no cost to the Contractor during the time period in which their background check is valid, as
discussed below. All technicians shall have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail
DL-FMOPS(c colliergov.net)whenever an employee assigned to Collier County separates from their
employment. This notification is critical to ensure the continued security of Collier County facilities
and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500
per incident.
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
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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.
38. ABOVEGROUND/UNDERGROUND TANKS.
38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A;
FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD)
prior to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing /will be storing petroleum products or hazardous materials. The contractor shall
provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing hazardous
materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then
SHWMD must approve the plans prior to contractor's submittal for permitting.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed
and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The Owner may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Owner's projects is not in the best
interest of the County.
40. DISPUTE RESOLUTION.
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes
between the parties, the parties shall make a good faith effort to resolve any such disputes by
negotiation. The negotiation shall be attended by representatives of Contractor with full decision-
making authority and by Owner's staff person who would make the presentation of any settlement
reached during negotiations to Owner for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by Owner's staff person or designee who would
make the presentation of any settlement reached at mediation to Owner's Board for approval.
Should either party fail to submit to mediation as required hereunder, the other party may obtain a
court order requiring mediation under Section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
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Construction Services Agreement:Revised 01.28.21 (v9) --
CA(1
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
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Construction Services Agreement:Revised 01.28.21 (v9)
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
CONTENTS:
GENERAL NOTES 3
PERMIT CONDITIONS 3
PROTECTED SPECIES & WILDLIFE 4
FEDERAL AVIATION ADMINISTRATION (FAA)7
PROJECT INFORMATION SIGN 8
MAINTENANCE OF TRAFFIC 8
MAINTAIN EXISTING BRIDGE STRUCTURES 9
CLEARING AND GRUBBING ACTIVITIES 9
PROTECTION OF LOCAL ROADS 10
PROTECTION OF EXISTING FENCES 10
PIPE CULVERT 10
UTILITY COORDINATION WITH UTILITY AGENCY OWNERS 11
ELECTRICITY 11
WATER 12
FUEL ADJUSTMENTS NOT PROVIDED 12
ALLOWANCES 12
SUBMITTAL OF SHOP DRAWINGS 13
CONTRACTOR PRESENTATIONS 13
AS-BUILT/RECORD DRAWINGS 13
END 21
1
FIGURES:
FIGURE 1: CRESTED CARACARA MAP STATION OVERVIEW 15
FIGURE 2: CRESTED CARACARA MAP STATIONS 1 & 2 16
FIGURE 3: CRESTED CARACARA MAP STATIONS 3 TO 6 17
FIGURE 4: CRESTED CARACARA MAP STATION 7 18
FIGURE 5: CRESTED CARACARA MAP STATIONS 8 & 9 19
FIGURE 6: PROJECT INFORMATION SIGN TEMPLATE 20
2
0
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
GENERAL NOTES
1. 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.
PERMIT CONDITIONS
See Permits for conditions which may affect project construction.
Permit(s) have been issued as follows:
SFWMD Environmental Resource General Permit (ERP)
o Package A
Bridge No. 034831 & 034832: ERP No. 11-101651-P
o LAP Package
Bridge No. 034833: ERP No. 11-101653-P
o Package B
Bridge No. 034834: ERP No. 11-101654-P
Bridge No. 034835: ERP No. 11-101655-P
Bridge No. 034836: ERP No. 11-101657-P
Bridge No. 034841: ERP No. 26-101659-P
o Package C
Bridge No. 034837: ERP No. 11-101664-P
Bridge No. 034838: ERP No. 11-101663-P
Bridge No. 034839: ERP No. 11-101660-P
Bridge No. 034840: ERP No. 11-101665-P
USACE Nationwide Permit (NWP) 14
o Package A
Bridge No. 034831 & 034832: SAJ-2019-02318
o LAP Package
Bridge No. 034833: SAJ-2020-03278
o Package B
Bridge No. 034834: SAJ-2020-03290
Bridge No. 034835: SAJ-2020-03291
Bridge No. 034836: SAJ-2020-03292
Bridge No. 034841: SAJ-2020-03295
o Package C
Bridge No. 034837: SAJ-2008-03849
Bridge No. 034838: SAJ-2008-03852
Bridge No. 034839: SAJ-2020-03293
Bridge No. 034840: SAJ-2020-03294
3
The Contractor shall be responsible for obtaining the following permits, if necessary, to
complete the work under this contract:
SFWMD - Water Use Permit (Dewatering)
FDEP - National Pollutant Discharge Elimination System (NPDES) Construction
Generic Permit (CGP)
PROTECTED SPECIES & WILDLIFE
Observed Species
The project area has been identified as habitat or potential habitat for several federal and
state protected species as well as other species of interest. Multiple wildlife surveys
occurred during February, April, and December 2018 and January to May 2019 for listed
species with the potential to occur, which included:
Gopher tortoise (Gopherus polyphemus, State Threatened [ST]),
Florida sandhill crane (Antigone canadensis pratensis, ST),
State-listed wading birds,
Eastern indigo snake (Drymarchon corals couperi, Federally Threatened [FT]),
Florida bonneted bat (Eumops floridanus, Federally Endangered [FE]),
Florida panther (Puma concolor coryi, FE),
Everglade snail kite (Rostrhamus sociabilis plumbeus, FE),
Audubon's crested caracara (Polyborus plancus audubonii, FT),
Florida scrub-jay (Aphelocoma coerulescens, FT), and
Wood stork (Mycteria americana, FT).
Florida sandhill crane (adults with downy juveniles), tricolored heron (Egretta tricolor, ST),
little blue heron (Egretta caerulea, ST), roseate spoonbill (Platalea ajaja, ST), Florida
panther, Everglade snail kite, Audubon's crested caracara, and wood stork were observed
on or adjacent to the project sites. The nearest known bald eagle (Haliaeetus
leucocephalus) nest is approximately 0.3 miles from the project site.
An additional geographic information system (GIS) analysis of the project area found
that the project area is located near, within, or adjacent to:
Potential habitat for state-listed species:
o Big Cypress fox squirrel (Sciurus niger avicennia, ST)
o Everglades mink (Neovison vison evergladensis, ST)
Potential habitat for the Florida black bear (Ursus americanus floridanus) - South
Bear Management Unit
Contractor Responsibilities
The Contractor shall be responsible for providing the services of a qualified environmental
scientist to perform required species surveys, oversee compliance with federal and state
wildlife regulations, and to serve as a liaison between the Contractor and environmental
agencies including but not limited to the Florida Fish and Wildlife Conservation
Commission (FWC) and United States Fish and Wildlife Service (USFWS). The
Contractor shall be responsible for complying with all pertinent federal and state wildlife
4
regulations as outlined in the FDOT Standard Specifications for Road and Bridge
Construction and the additional requirements for species listed below.
The Contractor shall be responsible for providing an informational display that must be
placed in the construction office and throughout the construction site and be accessible to
all construction personnel for the duration of all construction activities. The display shall
include:
A hard copy of the informational brochure A Guide to Living with Florida Panthers,
Guidelines on preventing conflicts with Florida Black Bear and how to respond if a
bear is encountered
A hard copy of FDOT Contractor Requirements for Unanticipated Interaction with
Protected Species available here:
https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/programmanagement/implemented/urlinspecs/files/endanceredwildlifequideli
nes.pdf?sfvrsn=e27baf3f 2
Labeled photos of each of the above-mentioned species with information on what to
do in the event of a sighting. Printed full-color photos shall be no less than 4 inches
by 4 inches square with the image of the species contained wholly within and filling
the frame so as not to cutoff part of the image.
The Contractor shall include these provisions in contracts with their subcontractors and
suppliers.
Packages A, B, and C: All costs to provide the services of an environmental scientist and
related species requirements described herein will be included in the unit price for 101-1
Mobilization.
LAP Package: All costs to provide the services of an environmental scientist and related
species requirements described herein will be borne by the Contractor.
Audubon's Crested Caracara
Refer to Figures 1 to 5 for approximate nest locations of the Audubon's crested caracara
that were observed during the nesting season from January to May of 2019. This
information is provided for information only to alert the Contractor that this species has
been observed and documented near the project sites. The number and locations of nests
in future nesting seasons may vary from the data in these exhibits. To minimize potential
impacts to the Audubon's crested caracara, the Contractor shall be restricted from
establishing construction staging areas, ground disturbing activities, and vegetation
removal outside of the limits of construction and within 300-meters of a documented
caracara nest tree between November and April. If an Audubon's crested caracara(s) is
observed in the active work area, do not disturb it and allow it to leave the area on its own.
Florida Sandhill Crane
Adult Florida sandhill cranes with downy juveniles were observed during the wildlife
surveys, and suitable foraging and nesting habitat was documented within the open lands
and emergent wetlands adjacent to the project sites. The Contractor shall be responsible
5
for performing surveys for nesting Florida sandhill cranes prior to construction activities
and during the December through August breeding season. If there is evidence of nesting,
the nest site shall be buffered by 400 feet to avoid disturbance by project activities.
The Contractor shall note that Florida sandhill cranes do not nest in the same location
every year, so if construction occurs over several years, it may be necessary to determine
if nesting is occurring each year. If nesting is discovered after construction has begun or if
maintaining the recommended buffer is not possible, the Contractor shall contact FWC to
discuss potential permitting needs. Additional information and guidance for conducting
Florida sandhill crane surveys can be found in the Florida Sandhill Crane Species
Conservation Measures and Permitting Guidelines (https://mvfwc.com/media/11565/final-
florida-sandhill-crane-species-guidelines-2016.pdf).
Biq Cypress Fox Squirrel
Potential habitat for Big Cypress fox squirrel (BCFS) may exist in open areas with mature
trees on and adjacent to the project sites, and appropriate pre-construction wildlife surveys
shall be the responsibility of the Contractor to determine if BCFS is present. Big Cypress
fox squirrels typically nest between October and February and from April to August.
Surveys to locate BCFS or their nests should be conducted within 60 days prior to the start
of clearing or construction to determine if BCFS are onsite. Fox squirrels can use more
than one nest and nest use can vary over time. If fox squirrel nests are found onsite, a
175-meter (574-foot) buffer distance from the nest tree is recommended. If it will be
necessary to remove a nest tree or work within 175 meters (574 feet) of a nest tree, the
Contractor shall coordinate with FWC staff to discuss permitting alternatives. For more
information and survey methods, please refer to the species action plan for the BCFS at:
https://myfwc.com/media/2108/biq-cypress-fox-squirrel-species-action-plan-final-draft.pdf.
Everglades Mink
The project area is near the predicted range for the Everglades mink. Any sightings of
mink shall be reported by the Contractor along with a photo, if possible, and GPS location
if encountered during the project activities. Additional information on this species may be
obtained at this web address:
https://myfwc.com/media/2115/everqlades-mink-species-action-plan-final-draft.pdf.
Florida Panther
The proposed project is located within the Florida Panther Primary Zone, as defined by the
USFWS, and a panther was observed during wildlife surveys. In order to reduce the
potential for human-wildlife interactions, the Contractor shall ensure that FWC's A Guide to
Living with Florida Panthers informative brochure be provided to all construction personnel.
The A Guide to Living with Florida Panthers brochure can be downloaded from:
http://www.floridapanthernet.orq/. In addition, if trail cameras are utilized for monitoring
purposes, the Contractor shall provide any panther photos to FWC staff using the Report
Panther Sightings website at:
https://public.myfwc.com/hsc/panthersightings/Desktop.aspx.
6
Florida Black Bear
FWC has received 14 reports of human-bear conflicts within roughly a one-mile radius of
the project sites since 2011. According to the FWC 2019 Bear Range map, bears are
common or abundant in the area around the project sites, which are within the South Bear
Management Unit identified in the 2012 Bear Management Plan. While black bears tend
to shy away from people, they are adaptable and will take advantage of human-provided
food sources, such as unsecured garbage. Once bears become accustomed to finding
food around people, their natural wariness is reduced to the point that there can be an
increased risk to public safety or private property. The Contractor shall be responsible for
taking measures to prevent or reduce conflicts with bears during construction activities,
including:
Maintaining clean construction sites with wildlife-resistant containers for any wildlife-
attractant refuse; and
Conducting frequent trash removal and using bear management food storage and
removal practices on work sites.
Information can also include guidelines for how construction personnel should respond to
bears in the area, such as:
What to do if they encounter a bear, whether from a distance or at close range,
When and how to contact the FWC regarding a bear issue.
The Contractor shall be responsible for contacting FWC staff to assist with planning to
incorporate the above measures. Additional information about Florida black bears can be
found at http://www.myfwc.com/wildlifehabitats/managed/bear.
FEDERAL AVIATION ADMINISTRATION (FAA)
Package A: Immokalee Regional Airport is a public use and general aviation facility that
services privately-owned, commercial, and charter aircraft as well as aerial firefighting and
crop-dusting operations. Given the proximity of existing Bridge Nos. 030136 and 030137
proposed Bridge Nos. 034831 and 034832, respectively) to the airport, pile driving and
other construction efforts shall be coordinated with the Federal Aviation Administration for
obstruction evaluation and airport airspace analysis pursuant to Title 14, Code of Federal
Regulations (14 CFR) Part 77.
The FAA Notice Criteria Tool indicates that the proposed Bridge No. 034831 exceeds an
instrument approach area and that an aeronautical study is needed to determine if it will
exceed a standard of subpart C of 14CFR Part 77. Additionally, the proximity of Bridge
No. 034832 also exceeds notice criteria. The Contractor shall be responsible for
coordinating with Collier County to file a Notice of Proposed Construction or Alteration with
the FAA at least 45 days prior to construction at these two bridge sites. Notice to the FAA
may be filed electronically here: https://oeaaa.faa.gov/oeaaa/external/portal.isp
The outcome of the aeronautical studies may result in limited construction hours for pile
driving, crane operations, or other construction activities if a conflict exists. Contractor will
not be entitled to any delays caused by restrictions imposed on construction activities. If
properly coordinated, the Contractor will have sufficient time within the Contract to
construct required improvements.
PROJECT INFORMATION SIGN
The Contractor shall provide a project information sign at each end of the project. The
Contractor will be responsible for providing a safe location to place the project information
sign(s) and may be required to coordinate number and locations of signs with other
Contractor(s) at adjacent project sites. A sign template is provided in FIGURE 6. The
Contractor shall submit for approval all proposed sign locations and provide additional
information as shown in the template to the County within 30 days of NTP. All costs to
provide and install the project sign(s) will be included in the unit price for 102-1
Maintenance of Traffic.
MAINTENANCE OF TRAFFIC
All Maintenance of Traffic (MOT) shall conform to 2019-20 FDOT Standard Plans Index
102-600. Contractors have the option to submit their own MOT plans 21 days prior to
construction for County and CEI approval.
Special Detour pay items are intended to cover costs associated with constructing,
maintaining, and removing the special detour including temporary pavement, temporary
earthwork, and temporary drainage.
Traffic Control Plans have been included to show basic phasing and access requirements.
Not all required temporary traffic control items are shown in the plans. All costs associated
with temporary retaining systems, temporary asphalt aprons, temporary driveway
connections, temporary pavement overbuild, temporary signing and pavement markings,
incidental temporary pavement, temporary signals, temporary drainage, etc., including
items and activities that occur between phases and between milestones, and all other
MOT items not identified with a separate pay item in the Summary of Pay Items table
provided in the plans shall be included in the Lump Sum price for Item 102-1 Maintenance
of Traffic.
The Traffic Control Plans detail the use of temporary traffic signals for maintenance of
traffic during phased construction activities. The Contractor shall be responsible for
providing and maintaining electric service to the temporary traffic signals for the entirety of
all phases of construction that require the use of the temporary traffic signals. Temporary
traffic signals must remain in operation 24 hours each day during all single-lane, two-way
traffic operations that require the use of the temporary traffic signals. Should any
malfunctions occur relating to the proper operation and safety of the temporary traffic
signals, the Contractor shall be on site within one hour to address the issue. The
Contractor shall include a detailed plan for ensuring 24-hour-per-day operation of the
temporary traffic signals, including an emergency plan to maintain traffic operations during
a primary power source failure, and all associated costs with the bid package.
8 CA«`
MAINTAIN EXISTING BRIDGE STRUCTURES
The Contractor is responsible for maintaining the existing bridge structures during
construction. Phased construction has been specified to facilitate emergency services and
maintain local access in this remote part of Collier County to avoid costly, lengthy detours.
The Contractor shall maintain serviceability of the bridge so long as it is deemed safe for
the traveling public. If the Contractor suspects the condition of the bridge has deteriorated
and may no longer be safe for use, the Contractor shall notify the Engineer and the County
immediately for evaluation.
The Contractor shall prepare an Emergency Bridge Service Plan detailing the steps to be
taken if serviceability of the existing bridges can no longer be maintained during phases of
construction that require it to remain in service. This emergency plan, which is to be
displayed at each job site, shall include the following information:
A timeline of events to occur upon the suspicion and/or determination that a bridge
is no longer serviceable.
A contact list of County representatives, public officials, and agencies to notify that
the bridge is no longer in service.
A plan for restricting traffic across or closing the bridge, as needed.
Proposed alternatives to restore traffic through the construction site depending on
the severity of the condition of the bridge. Include a sketch or example photo(s) to
illustrate each alternative and a cost estimate per square foot of bridge deck plan
area for each.
List of potential suppliers of emergency materials, including contact information,
distance from project site, and estimated response time.
The emergency plan shall be submitted as part of the bid package.
CLEARING AND GRUBBING ACTIVITIES
The County has mailed Driveway Modification Letters to property owners with driveways
within the project limits to notify them of potential temporary and/or permanent impacts
resulting from construction activities. The Contractor shall coordinate with the County prior
to commencing Clearing and Grubbing activities to provide additional information to
property owners regarding driveway impacts, including but not limited to driveway
closures, access restrictions, maintenance of traffic coming in and out of driveways,
construction schedules, and timing of operations that impact driveways.
Package C: As part of Clearing and Grubbing, the Contractor shall coordinate with the
property owner(s) of parcels 00232860102 and 232720103 located at 15960 and 15970
Oil Well Road, respectively, regarding relocation of the mailbox at the location as shown in
the plans. Coordination shall occur prior to the commencement of Clearing and Grubbing
activities. If the property owner(s) does not respond to requests for coordination within 14
days, the Contractor shall seek instruction from the County regarding relocation of the
mailbox.
9
C:AO
The Contractor shall maintain all mailboxes within the construction limits throughout
construction. Any mailbox within the construction limits, whether identified in the plans or
not, shall be relocated to suit the respective property owner or tenant and shall meet the
requirements of the United States Postal Service as outlined at
https://www.usps.com/manaqe/mailboxes.htm to ensure proper serviceability.
The Contractor shall engage Connie Deane, Community Liaison with the Collier County
Growth Management Department, at Connie.Deanecolliercountyfl.gov or (239) 252-8192
at least 30 days prior to conducting outreach with property owner(s).
The Contractor shall be responsible for the collection of all debris accumulated during
Clearing and Grubbing and its removal from the project site. All existing waterways,
including canals and lateral ditches, shall remain clear of debris. Stockpiles of debris shall
not be permitted in wetlands or environmentally sensitive areas. Burning of debris within
the project limits is prohibited unless approved by the Engineer.
PROTECTION OF LOCAL ROADS
This project is connected to local roads. The Contractor shall protect these roads and
respect the privacy of the surrounding properties by limiting access to and egress from the
project. The Contractor shall post written notice of this requirement on the jobsite and
include this provision in contracts with their subcontractors and suppliers.
The Contractor shall be responsible for all damages to local roads as a result of their
employees, subcontractors or suppliers not complying with this restriction.
PROTECTION OF EXISTING FENCES
This project is adjacent to many residential, commercial, and agricultural properties, which
are bounded by fencing. Fencing types include but are not limited to barb wire, chain link,
livestock field fencing, and floating barriers across waterways. The Contractor shall protect
all existing fences from potential damage resulting from construction activities, unless
noted otherwise in the Contract Plans. If damage to the existing fencing as a result of
construction activities does occur, the Contractor shall take the steps as outlined in the
Contract Plans to mitigate any further property damage, trespassing, or escape of livestock
contained within the fencing. The Contractor shall post written notice of this requirement
on the jobsite and include this provision in contracts with their subcontractors and
suppliers.
The Contractor shall be responsible for all damages to existing fences as a result of their
employees, subcontractors or suppliers not complying with this restriction.
PIPE CULVERT
Reinforced Concrete Pipe (RCP) Class III is the designated material for all drainage pipe
culverts. The drainage design was based on the use of RCP Class III. No other pipe
materials are permitted for this project.
CAO
10
UTILITY COORDINATION WITH UTILITY AGENCY OWNERS
Utility Work Schedules have been prepared for this project. All identified conflicts existing
during the design phase have been addressed with the respective utility agency owners
UAO). The UAOs have indicated that conflicts either do not exist or the conflict will be
resolved through abandonment and/or relocation of the utility prior to the start of
construction for this contract. The Contractor shall verify with the respective UAO that the
utility adjustments provided in the design plans have been completed prior to construction.
Should any conflicts be identified that are not included in the contract plans, the Contractor
shall coordinate any and all utility relocations or proposed interruption of services by
requesting within 3 days of the discovery an official meeting with the UAO. This meeting
will be to establish requirements with regards to interruption of service, if any, during
proposed utility relocations. The Contractor shall be responsible for protecting the utility
while coordination is ongoing.
The Contractor shall call for locates prior to any excavation. The cost of potholing to
protect existing utilities shall be included in the cost of the work requiring it. The Contractor
shall protect all water and/or sewer mains, if any, from damage at all times during
construction.
Phasing may be required to ensure continuous utility service. Temporary relocations and
connections may be necessary. All associated costs due to phasing utilities or construction
shall be included in the contract unit prices for the various types of utility work to which it is
incidental.
ELECTRICITY
No bid item is provided for electricity. The cost of providing electricity shall be included in
the unit price for work that requires it.
LAP Package: There is no existing electrical utility service in the project area adjacent to
existing Bridge No. 030138 (proposed Bridge No. 034833) on Immokalee Road. The
nearest overhead electric line is approximately 3,000 feet to the west of the bridge.
Package B: There is no existing electrical utility service in the project area adjacent to
existing Bridge Nos. 030139, 030140, and 030141 (proposed Bridge Nos. 034834,
034835, and 034836, respectively) on Immokalee Road. The nearest overhead electric
line is approximately 5,000 feet to the east of existing Bridge No. 030141 (proposed Bridge
No. 034836).
In coordination with Lee County Electric Company (LCEC), the Contractor may elect to
install an overhead primary electric line within the right-of-way to provide electric service to
the construction site(s). The Contractor is responsible for negotiating the specific terms
and conditions in agreement with LCEC regarding all permitting, design, construction,
maintenance, and operation associated with these primary overhead electric lines during
construction of the respective bridge project(s). The Contractor shall be responsible for all
11
CAO
costs associated with this work. The estimated timeline for permitting, design, and
construction of these new facilities is a minimum of four months; this timeline may be
prolonged depending on site conditions and permitting.
In lieu of providing overhead primary electric lines, the Contractor may propose alternate
means for providing electricity to the construction site(s).
The Contractor shall indicate a preferred method(s) of supplying electricity at each
individual bridge project site and all associated costs with the bid package.
WATER
No bid item is provided for water. The cost of providing water shall be included in the unit
price for work that requires it.
FUEL ADJUSTMENTS NOT PROVIDED
Section 9-2.1.1 Fuels of the Florida Department of Transportation Standard Specifications
for Road and Bridge Construction, January 2020, is deleted. While it is recognized that a
primary cost factor of this bid is based on the price of petroleum and that conditions in this
market could become unstable and beyond the control of the bidder, it is also recognized
that the availability of funding to compensate for future cost increases will be even scarcer
should this occur. The County chooses not to obligate itself for these costs and has not
provided for these cost adjustments in the contact. The Contractor shall take this risk into
consideration when submitting a bid.
ALLOWANCES
Included within the Bid Schedule are Allowances for various elements of the work that,
although engineered, unforeseen conditions may occur, some of a public health and safety
nature. The Owner has determined these allowances per contract package and considers
them reasonable budgetary estimates to promptly manage unforeseen conditions,
including those of a public health and safety nature. Allowance may not fully represent the
actual cost of work. If the cost of work exceeds the allowance amount, the Owner will
provide additional allowance funds to complete the work or accept the work in its current
state of completion. Upon approval by the Owner, Allowances may be used by the
Engineer to pay costs and expenses associated with the categories indicated below:
BID ALLOWANCES (BASED ON FINAL ENGINEER'S ESTIMATE):
Bid Item Category
Package Package Package LAP
A B C Package
STRUCTURES 115,856.26 $232,525.41 $394,501.21 $56,522.64
ROADWAY 63,540.53 $126,148.22 $142,502.03 $32,481.91
CAO
12
SIGNING & PAVEMENT
MARKING
1,101.19 $1,937.98 $1,976.27 $570.47
OTHER / MISCELLANEOUS 30,034.86 $ 60,005.77 $89,686.19 $14,905.28
SUBMITTAL OF SHOP DRAWINGS
Shop drawings are required as set forth in the Specifications. Payment will not be made for
these items of work until shop drawings have been received, reviewed and approved as
required by the Specifications.
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 once per
month for the duration of the contract. 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. All costs associated with participating in this process will be included in the
contract price of 101-1-1 Provide/Maintain "As Built."
AS-BUILT/RECORD DRAWINGS
As-Built/Record Drawings are to be provided to the County's Project Manager within thirty
30) days of substantial project completion. One copy in each of the following
formats: PDF and a hard copy.
When changes to the plans are required after contract award, all final drawings,
specifications, plans, surveys, reports, computation books, or documents shall be issued
by a responsible Florida Professional Engineer, Licensed Architect and/or Florida —
licensed Surveyor and must be signed, dated, and stamped with the engineer's and/or
surveyor's seal as applicable. The Professional Engineer and/or Licensed Surveyor may
be part of the Contractor's staff or the CEI Senior Project Engineer, or the Engineer of
Record for the contract plans. The Engineer of Record must be notified of all revisions
and/or modifications made to the contract documents. AND
During the construction of a bridge or any structure, all foundation construction records
such as pile driving records, shaft tip elevations, and borings shall be included as part of
the as-built documents. These records provide critical information necessary for future
inspection, maintenance, emergency management, enhancement, reconstruction, and/or
demolition of these structures. These records shall be delivered to the Owner's
representative at the completion of the project and prior to final payment to the Contractor.
13
The Contractor and the Contractor's Florida Registered Professional Surveyor and
Mapper (P.S.M.) are responsible for the Project's As-Built/Record Drawings unless
otherwise specified within the Technical Plans and Specifications.
Prior to construction commencement, the Contractor shall meet with the CEI and
P.S.M. to determine the Project's critical points to the final As-Builts. The Contractor
shall also coordinate with the CEI and P.S.M. to facilitate measurement at those
critical Project points.
The Contractor's Final Payment shall be withheld pending the CEI and P.S.M.
Certification of the contracted improvements is per design.
During the progress of the work the Contractor shall keep and maintain one (1)
Approved for Construction" copy of all project plans, drawings, specifications, and
any addenda, written amendments, change orders, work directives orders,
supplemental agreements and other written interpretations and clarifications.
Prior to final inspection, the Contractor shall submit a copy of the "Approved for
Construction" project documents with red line markups indicating any construction
deviation as well as any approved design changes authorized by the Design
Professional. All deviations shall be initialed and dated by the Contractor and
material delivery/installation records shall be furnished as required by specification.
All survey information depicted on the As-Built Drawings shall be collected under the
direct supervision of the P.S.M. in accordance with Florida Statute Chapters 177 and
472 and Chapter 61 G-17 of the Florida Administrative Code.
For final inspection, an As-Built set (signed and sealed not required at this point) is
needed to verify the field work.
Packages A, B, and C: All costs to provide and maintain As-Built plans as described
herein will be included in the unit price for 101-1-1 Provide/Maintain As-Built.
LAP Package: All costs to provide and maintain As-Built plans as described herein will be
paid for in accordance with the requirements of the FDOT Specifications.
14
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21
G
ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
4/7/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Wendy Hingson
VTC Insurance Group PAHHCNNo,Bet): (239)275-8226 FAX
No): (239) 275-ee37
Troy Office E-MAIL
whingson@vtcins.comADDRESS: g
1175 W Long Lake Road, #200 INSURER(S) AFFORDING COVERAGE NAIC#
Troy MI 48098 INSURER A:Zurich American Insurance Company 16535
INSURED
INSURERB:Z1lrich American Guar.and Liablity Co 26247
Zep Construction, Inc. INSURERc:Travelers Prop. Casualty Co.of America 25674
7802 Jean Boulevard INSURER D:
Fort Myers, Florida 33912 INSURERE:
INSURER F:
COVERAGES CERTIFICATE NUMBER:2020-2021 Master REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL SUBR POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MMIDDIYYYY) (MMIDDIYYYY) LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 2,000,000
A CLAIMS-MADE X OCCUR
DAMAGE TO RENTED
100, 000PREMISES (Ea occurrence) $
X Inc. Contractual Liability, X Y GLO 3923366-01 10/01/2020 10/ 01/2021 MED EXP(Any one person) $ 10,000
XCU and Prop. Damage PERSONAL&ADV INJURY $2,000, 000
GEN'LAGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $4,000, 000
POLICY X jCT LOC PRODUCTS-COMP/OPAGG $4,000, 000
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
2,000, 000Eaaccident)
B
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED
X
SCHEDULED
BAP 4403097-01 10/01/2020 10/01/2021 BODILY INJURY (Per accident) $AUTOS AUTOS
NON-OWNED PROPERTY DAMAGEXHIREDAUTOSXAUTOSPeraccident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTION $
WORKERS COMPENSATION X PER OTH-
AND EMPLOYERS'LIABILITY Y/N
STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 1,000,000
OFFICER/MEMBER EXCLUDED? N N/A
A (Mandatory in NH)y wC 0965324 -00 9/30/2020 9/30/2021 E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below USLSH Included E.L.DISEASE-POLICY LIMIT $ 1,000,00
C Inland Marine and 10/01/2020 10/01/2021 Leased/Rented any one item 400, 000
Installation Floater Revised $200, 000 Transit and Location
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Bridge Replacement-Bridge Package B-4 Bridges IMM-Countyline Road #21-7850-ST
Where required by written contract, Collier County BOCC is additional insured on the General Liability
policy with respect to ongoing and completed operations performed by the named insured. This insurance
applies on a primary and non-contributory basis. General Liaiblity and Work Comp includes a waiver of
subrogation on behalf of Collier County as required by written contract and where allowed by law.
Insurerwill endeavor to mail 30 days written notice of cancellation to the certificate holder; however,
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Collier County Board of County THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Commissioners
ACCORDANCE WITH THE POLICY PROVISIONS.
3295 Tamiami Trail East
Naples, FL 34112
AUTHORIZED REPRESENTATIVE
Alan Chandler/V510y?
1988-2014 ACORD CORPORATION. All rights reserved.
ACORD25(2014/01)The ACORD name and logo are registered marks of ACORD
INS025(201401)
ACo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
4/ 7/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Wendy Hingson
VTC Insurance Group c 239)275-8226 FAXA (239) 275-8837A/ No,Extl: lc,No):
Ft. Myers Office E-MAIL
whingson@vtcins.comADDRESS:
6820 Porto Fino Circle Ste 2 INSURER(S) AFFORDING COVERAGE NAIC#
Ft. Myers FL 33912 INsuRERA:American Guarantee & Liability Company 26247
INSURED
INSURERB:NavigatOrS Specialty Insurance Company 36056
Zep Construction, Inc. INSURERC:
7802 Jean Boulevard INSURER D:
Fort Myers, Florida 33912 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:2020 - 2021 Umbrella REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL SUBR POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MM/DD/YYYY) (MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
CLAIMS-MADE OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $
POLICY PRO-JECT LOC PRODUCTS-COMP/OPAGG $
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident)
ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE
HIRED AUTOS AUTOS Per accident)
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 5,000,000
A
EXCESS LIAB CLAIMS-MADE SXS1071738-03 10/01/2020 10/01/2021 AGGREGATE 5,000,000
DED X RETENTION $ 0
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY
Y/N
STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT
OFFICER/MEMBER EXCLUDED?N/A
Mandatory in NH)Y E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
B Excess Liability SE20EXCZ06669IC 10/01/2020 10/01/2021 Each Occurrence 5,000,000
Aggregate 5,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Bridge Replacement-Bridge Package B-4 Bridges IMM-Countyline Road #21-7850-ST
Where required by written contract, Collier County BOCC is additional insured on the General Liability
policy with respect to ongoing and completed operations performed by the named insured. This insurance
applies on a primary and non-contributory basis. General Liaiblity and Work Comp includes a waiver of
subrogation on behalf of Collier County as required by written contract and where allowed by law.
Insurer will endeavor to mail 30 days written notice of cancellation to the certificate holder; however,
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Collier County Board of County THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Commissioners
ACCORDANCE WITH THE POLICY PROVISIONS.
3295 Tamiami Trail East
Naples, FL 34112
AUTHORIZED REPRESENTATIVE
Wendy Hingson/V510
1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01)The ACORD name and logo are registered marks of ACORD
INS025(201401)
A CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DO/YYYY)
4/ 7/202i
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZEDREPRESENTATIVEORPRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject tothetermsandconditionsofthepolicy,certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificateholderinlieuofsuchendorsement(s).
PRODUCER
NAMEACI Wendy Hingson
VTC insurance Group PHONE (299)275-8226FAXA/C,No,Est):
Ft. Myers Office EMAIL
whingson@vtcins.comADDRESS:
6820 Porto Fino Circle Ste 2
INSURER(S)AFFORDING COVERAGE NAIL#Ft. Myers FL 33912
INSURERA:American Guarantee & Liability Company 26247 __INSURED
INSURER B:Navigators Specialty Insurance Company 36056ZepConstruction, Inc.
INSURER C:
7802 Jean Boulevard
INSURER D:
Fort Myers, Florida 33912
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:2020 - 2021 Umbrella REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATEMAYBEISSUEDORMAYPERTAIN,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 ADDL SUERLTRTYPEOFINSURANCE POLICY EFF POLICY EXPINSDWWPOLICYNUMBERMM/DD/YYYY) (MM/DDI(YYY) LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERALAGGREGATE
POLICY PRO_ JECT LOC
PRODUCTS-COMP/OPAGG $
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Ea accident)
ANY AUTO
BODILY INJURY(Per person) $ALL OWNED SCHEDULED
AUTOS
eAUTOS BODILY INJURY(Per accident) $
HIRED AUTOS
NON-OWNED
PROPERTY DAMAGEAUTOS
Per accident)
X UMBRELLA LIAB X OCCUR
EACH OCCURRENCE 5,000,000
A EXCESS LIAB CLAIMS-MADE SxS1071738-03 10/ 01/2020 10/01/2021 AGGREGATE 5,000,000
DED X RETENTION$ 0
WORKERS COMPENSATION
PER OTH-AND EMPLOYERS'LIABILITY
Y/N STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? N I A E.L.EACH ACCIDENT
Mandatory In NH)
If yes,describe under
Y
E.L.DISEASE-EA EMPLOYEE $
DESCRIPTION OF OPERATIONS below
E.L.DISEASE-POLICY LIMIT $
B Excess Liability SE20ExCZ06669IC 10/01/2020 10/01/2021 Each Occurrence 5,000,000
Aggregate 5,000, 000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required)
Bridge Replacement-Bridge Package B-4 Bridges IMM-Countyline Road #21-7850-ST
Where required by written contract, Collier County BOCC is additional insured on the General Liabilitypolicywithrespecttoongoingandcompletedoperationsperformedbythenamedinsured. This insuranceappliesonaprimaryandnon-contributory basis. General Liaiblity and Work Comp includes a waiver ofsubrogationonbehalfofCollierCountyasrequiredbywrittencontractandwhereallowedbylaw.Insurer will endeavor to mail 30 days written notice of cancellation to the certificate holder; however,
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED INCollierCountyBoardofCounty
Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
3295 Tamiami Trail East
Naples, FL 34112 AUTHORIZED REPRESENTATIVE
Wendy Hingson/V510
1988-2014 ACORD CORPORATION. All rights reserved.ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORDINS025(201401)
Additional Insured — Automatic — Owners, Lessees Or ZURICH'
Contractors
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Policy No. GLO 3923366-01 Zep Construction, Inc. Effective Date: 10/01/2020
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. Section II—Who Is An Insured is amended to include as an additional insured any person or organization whom youarerequiredtoaddasanadditionalinsuredunderawrittencontractorwrittenagreementexecutedbyyou, but onlywithrespecttoliabilityfor "bodily injury", "property damage" or "personal and advertising injury" and subject to thefollowing:
1. If such written contract or written agreement specifically requires that you provide that the person or organizationbenamedasanadditionalinsuredunderoneorbothofthefollowingendorsements:
a. The Insurance Services Office(ISO)ISO CG 20 10(10/01 edition); or
b. The ISO CG 20 37(10/01 edition),
such person or organization is then an additional insured with respect to such endorsement(s), but only to theextentthat"bodily injury", "property damage"or"personal and advertising injury"arises out of:
1) Your ongoing operations,with respect to Paragraph 1.a.above; or
2) "Your work",with respect to Paragraph 1.b.above,
which is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph 1., insurance afforded to such additional insured:
a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offenseoccursduringthepolicyperiodandsubsequenttoyourexecutionofthewrittencontractorwrittenagreement;and
b) Does not apply to"bodily injury"or"property damage" caused by"your work"and included within the
products-completed operations hazard" unless the written contract or written agreement specificallyrequiresthatyouprovidesuchcoveragetosuchadditionalinsured.
Solely with respect to this Paragraph (b), if the written contract or written agreement provides aminimumtimeperiodforprovidingsuchcoverage, and such minimum time period ends prior to theendofthepolicyperiod, this insurance shall not apply to "bodily injury", "property damage" or apersonalandadvertisinginjury" offense which occurs during the policy period and after the end ofthatminimumtimeperiod.
2. If such written contract or written agreement specifically requires that you provide that the person or organizationbenamedasanadditionalinsuredunderoneorbothofthefollowingendorsements:
a. The Insurance Services Office(ISO) ISO CG 20 10( 07/04 edition); or
b. The ISO CG 20 37(07/04 edition),
U-GL-1114
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Page 1 of 4
such person or organization is then an additional insured with respect to such endorsement(s), but only to theextentthat"bodily injury", "property damage"or"personal and advertising injury"is caused, in whole or in part, by:1) Your acts or omissions;or
2) The acts or omissions of those acting on your behalf,
in the performance of:
a) Your ongoing operations, with respect to Paragraph 2.a.above; or
b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph2.b.above,
which is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph 2., insurance afforded to such additional insured:
i) Only applies if the "bodily injury", "property damage" or"personal and advertising injury" offenseoccursduringthepolicyperiodandsubsequenttoyourexecutionofthewrittencontractorwrittenagreement;and
ii) Does not apply to "bodily injury"or"property damage"caused by"your work"and included withinthe "products-completed operations hazard" unless the written contract or written agreementspecificallyrequiresthatyouprovidesuchcoveragetosuchadditionalinsured.
Solely with respect to this Paragraph (ii), if the written contract or written agreement provides aminimumtimeperiodforprovidingsuchcoverage, and such minimum time period ends prior totheendofthepolicyperiod, this insurance shall not apply to"bodily injury", "property damage"ora"personal and advertising injury"offense which occurs during the policy period and after the endofthatminimumtimeperiod.
3. If neither Paragraph 1. nor Paragraph 2.above apply and such written contract or written agreement requires thatyouprovidethatthepersonororganizationbenamedasanadditionalinsured:
a. Under the ISO CG 20 10(04/13 edition,any subsequent edition or if no edition date is specified); orb. With respect to ongoing operations(if no form is specified),
such person or organization is then an additional insured only to the extent that"bodily injury", "property damage"or"personal and advertising injury"is caused, in whole or in part by:
1) Your acts or omissions;or
2) The acts or omissions of those acting on your behalf,
in the performance of your ongoing operations, which is the subject of the written contract or writtenagreement.
However, solely with respect to this Paragraph 3., insurance afforded to such additional insured:
a) Only applies to the extent permitted by law;
b) Will not be broader than that which you are required by the written contract or written agreement toprovideforsuchadditionalinsured; and
c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offenseoccursduringthepolicyperiodandsubsequenttoyourexecutionofthewrittencontractorwrittenagreement.
4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires thatyouprovidethatthepersonororganizationbenamedasanadditionalinsured:
a. Under the ISO CG 20 37(04/13 edition,any subsequent edition or if no edition date is specified);orb. With respect to the"products-completed operations hazard"(if no form is specified),
U-GL-1114
Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
Page 2 of 4
su anchrssncororganizationgaizati
whole orh innpart badditional insured only to the extent that "bodily injury', or "propertydamage"
y "your work" and included in the "products-completed operationshazard",which is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph 4., insurance afforded to such additional insured:
1) Only applies to the extent permitted by law;
2) Will not be broader than that which you are required by the written contract or written agreement toprovideforsuchadditionalinsured;
3) Only applies if the"bodily injury"or"property damage"occurs during the policy period and subsequent toyourexecutionofthewrittencontractorwrittenagreement;and
4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within theproducts-completed operations hazard" unless the written contract or written agreement specificallyrequiresthatyouprovidesuchcoveragetosuchadditionalinsured.
Solely with respect to this Paragraph (4), if the written contract or written agreement provides a minimumtimeperiodforprovidingsuchcoverage,and such minimum time period ends prior to the end of the policyperiod, this insurance shall not apply to "bodily injury" or "property damage" which occurs during thepolicyperiodandaftertheendofthatminimumtimeperiod.
B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement,the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or"personal and advertising injury" arising out oftherenderingof, or failure to render, any professional architectural,engineering or surveying services including:1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, fieldorders, change orders or drawings and specifications; or
2. Supervisory, inspection,architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in thesupervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence"which caused thebodilyinjury" or"property damage", or the offense which caused the "personal and advertising injury", involved therenderingoforthefailuretorenderanyprofessionalarchitectural, engineering or surveying services.
C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties InTheEventOfOccurrence,Offense,Claim Or Suit of Section IV—Commercial General Liability Conditions:
The additional insured must see to it that:
1) We are notified as soon as practicable of an"occurrence"or offense that may result in a claim;
2) We receive written notice of a claim or"suit"as soon as practicable; and
3) A request for defense and indemnity of the claim or"suit" will promptly be brought against any policy issuedbyanotherinsurerunderwhichtheadditionalinsuredmaybeaninsuredinanycapacity. This provision doesnotapplytoinsuranceonwhichtheadditionalinsuredisaNamedInsuredifthewrittencontractorwrittenagreementrequiresthatthiscoveragebeprimaryandnon-contributory.
D. Solely with respect to the coverage provided by this endorsement:
1. The following is added to the Other Insurance Condition of Section IV — Commercial General LiabilityConditions:
Primary and Noncontributory insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additionalinsuredprovidedthat:
a. The additional insured is a Named Insured under such other insurance;and
b. You are required by written contract or written agreement that this insurance be primary and not seekcontributionfromanyotherinsuranceavailabletotheadditionalinsured.
U-GL-1114
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2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section Iv —Commercial General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to anadditionalinsured, in which the additional insured on our policy is also covered as an additional insured onanotherpolicyprovidingcoverageforthesame'occurrence", offense, claim or"suit". This provision does notapplytoanypolicyinwhichtheadditionalinsuredisaNamedInsuredonsuchotherpolicyandwhereourpolicyisrequiredbyawrittencontractorwrittenagreementtoprovidecoveragetotheadditionalinsuredonaprimaryandnon-contributory basis.
E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by anendorsementshowingtheadditionalinsuredinaScheduleofadditionalinsureds, and which endorsement appliesspecificallytothatidentifiedadditionalinsured.
F. Solely with respect to the insurance afforded to an additional insured under this endorsement, the following is addedtoSectionIII—Limits Of Insurance:
Additional Insured—Automatic—Owners, Lessees Or Contractors Limit
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the written contract or written agreement referenced in Section A.of this endorsement;or2. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms,conditions,provisions and exclusions of this policy remain the same.
U-GL-1114
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Contractors LiabilitySupplementalpplemental Coverages And Z U RI C HConditions
Zep Construction, Inc.
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. Add'I.PremGL03923366-01 10/01/2020 } 10/01/2021 10/01/2020
Return Prem.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
NON-OWNED WATERCRAFT SCHEDULE
Watercraft Length: feet
If no amount is shown above, 51 feet applies.)
A. Non-owned Watercraft Liability Extended Coverage
Paragraph(2)of Exclusion 2.g.Aircraft,Auto Or Watercraft under Section I—Coverage A—Bodily Injury AndPropertyDamageLiabilityisreplacedbythefollowing:
2) A watercraft you do not own that is:
a) Less than the length shown in the Non-Owned Watercraft Schedule of this endorsement;and
b) Not being used to carry persons or property for a charge;
B. Damage To Premises Rented Or Occupied By You
1. The last paragraph under Paragraph 2. Exclusions of Section I — Coverage A— Bodily Injury And PropertyDamageLiabilityisreplacedbythefollowing:
Exclusions c.through n.do not apply to damage by"specific perils"to premises while rented to you or temporarilyoccupiedbyyouwithpermissionoftheowner. A separate Damage to Premises Rented To You Limit ofInsuranceappliestothiscoverageasdescribedinSectionIII—Limits Of Insurance.
2. The paragraph directly following Paragraph (6) in Exclusion j. of Section I —Coverage A — Bodily Injury AndPropertyDamageLiabilityisreplacedbythefollowing:
Paragraphs (1), (3)and (4) of this exclusion do not apply to "property damage" to premises (other than damageby "specific perils"), including "property damage" to the contents of such premises, rented to you under a rentalagreementforaperiodof14orfewerconsecutivedays. A separate Limit of Insurance applies to Damage toPremisesRentedtoYouasdescribedinSectionIII—Limits Of Insurance.
3. Paragraph 6.of Section III—Limits Of Insurance is replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay underCoverageAfordamagesbecauseof"property damage" to any one premises while rented to you, or in the
case of damage by one or more "specific perils" to any one premises, while rented to you or temporarilyoccupiedbyyouwithpermissionoftheowner.
4. Paragraph a.of the"insured contract"definition under the Definitions Section is replaced by the following:
U-GL-1060-E CW(04/13)
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a. A contract for a lease of premises. However, that portion of the contract for a lease of Premises thatindemnifiesanypersonororganizationfordamageby "specific perils" to premises while rented to you ortemporarilyoccupiedbyyouwithpermissionoftheownerisnotan"insured contract";
5. Paragraph (ii) under Paragraph 4.b.(1) of the Other Insurance Condition under Section IV — CommercialGeneralLiabilityConditionsisreplacedbythefollowing:
ii) That is property insurance providing coverage for "specific perils" for premises rented to you or temporarilyoccupiedbyyouwithpermissionoftheowner;
6. The following definitions are added to the Definitions Section:
Specific perils" means fire, lightning, explosion, windstorm or hail, smoke, aircraft or vehicles, riot or civilcommotion,vandalism, leakage from fire extinguishing equipment,weight of snow, ice or sleet or"Water damage".
Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking orcrackingofanypartofasystemorappliancecontainingwaterorsteam.
C. Additional Insured—Lessor Of Leased Equipment—Automatic Status When Required In Lease AgreementWithYou
1. Section II—Who Is An Insured is amended to include as an additional insured any person(s) or organization(s)from whom you lease equipment when you and such person(s) or organization(s) have agreed in a writtencontractorwrittenagreementthatsuchperson(s) or organization(s) be added as an additional insured on yourpolicy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury",property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance,operation or use of equipment leased to you by such person(s)or organization(s).
However, the insurance afforded to such additional insured:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the contract or agreement to provide for suchadditionalinsured.
A person's or organization's status as an additional insured under this endorsement ends when their contract oragreementwithyouforsuchleasedequipmentends.
2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to anyoccurrence"which takes place after the equipment lease expires.
3. With respect to the insurance afforded to these additional insureds,the following is added to Section III—LimitsofInsurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the written contract or written agreement you have entered into with the additional insured;or
b. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
The insurance provided by this Paragraph C.shall not increase the applicable Limits of Insurance shown in theDeclarations.
D. Additional Insured—Managers Or Lessors Of Premises
1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s)
that you have agreed in a written contract or written agreement to name as an additional insured, but only withrespecttoliabilityarisingoutoftheownership, maintenance or use of that part of premises leased to you andsubjecttothefollowingadditionalexclusions:
This insurance does not apply to:
a. Any"occurrence"which takes place after you cease to be a tenant in that premises.
b. Structural alterations, new construction or demolition operations performed by or on behalf of the additionalinsuredmanagerorlessorofthepremisesleasedtoyou.
However, the insurance afforded to such additional insured:
a. Only applies to the extent permitted by law;and
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b. Will not be broader than that which you are required by the contract or agreement to provide for suchadditionalinsured.
2. With respect to the insurance afforded to these additional insureds, the following is added to Section III—LimitsofInsurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the written contract or written agreement you have entered into with the additional insured; orb. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
The insurance provided by this Paragraph D.shall not increase the applicable Limits of Insurance shown in theDeclarations.
E. Additional Insured—State Or Governmental Agency Or subdivision Or Political Subdivision—Permits OrAuthorizations
1. Section II—Who Is An Insured is amended to include as an additional insured any state or governmental agencyorsubdivisionorpoliticalsubdivisionthatyouhaveagreedinawrittencontractorwrittenagreementorthatyouarerequiredbystatute, ordinance or regulation to name as an additional insured, subject to the followingprovisions:
a. This insurance applies only with respect to operations performed by you or on your behalf for which the stateorgovernmentalagencyorsubdivisionorpoliticalsubdivisionhasissuedapermitorauthorization.b. This insurance does not apply to;
1) "Bodily injury", "property damage"or"personal and advertising injury"arising out of operations performedforthefederalgovernment, state or municipality; or
2) "Bodily injury"or"property damage included within the"products-completed operations hazard".
However,the insurance afforded to such additional insured:
a. Only applies to the extent permitted by law;and
b. Will not be broader than that which you are required by the contract or agreement to provide for suchadditionalinsured.
2. With respect to the insurance afforded to these additional insureds,the following is added to Section III—LimitsofInsurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the written contract or written agreement you have entered into with the additional insured;orb. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
The insurance provided by this Paragraph E.shall not increase the applicable Limits of Insurance shown in the'Declarations.
F. Personal And Advertising Injury Coverage—Assumed Under Contract Or Agreement
1. Exclusion e.of Section I—Coverage B—Personal And Advertising Injury Liability is replaced by the following:2. Exclusions
This insurance does not apply to:
e. Contractual Liability
Personal and advertising injury" for which the insured has assumed liability in a contract or agreement.This exclusion does not apply to:
1) Liability for damages that the insured would have in the absence of the contract or agreement;or
2) Liability for"personal and advertising injury"if:
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a) The liability pertains to your business and is assumed in a contract or agreement that is aninsuredcontract";and
b) The "personal and advertising injury" occurs subsequent to the execution of the contract oragreement.
Solely for the purposes of liability so assumed in such "insured contract", reasonableandnecessarylitigationexpensesincurredbyorforapartyotherthananinsuredare
attorney feesdamagesbecauseof"personal and advertising injury", provided: deemed to be
i)
Liability to such party for, or for the cost of, that parry's defense has also been assumed inthesamecontractoragreement;and
ii) Such attorney fees and litigation expenses are for defense of that party against a civil oralternativedisputeresolutionproceedinginwhichdamagestowhichthisarealleged. insurance applies2. For purposes of this"personal and advertising injury"coverage only:Paragraph d. and the second to last paragraph under Paragraph 2. of Supplementary Payments —CoveragesAandBarereplacedbythefollowing:
d.
The allegations in the "suit"and the information we know about the "occurrence"or offense are such that noconflictappearstoexistbetweentheinterestsoftheinsuredandtheinterestoftheindemnitee;
So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee,necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee atourrequestwillbepaidasSupplementaryPayments. Such payments will not be deemed to be damages forbodilyinjury", "property damage" or "personal and advertising injury" and will not reduce the limits ofinsurance,
G. Insured Contract Amendment
Paragraph f. and f.(1) through f.(3) of the "insured contract" definition under the Definitions Section is replaced bythefollowing:
f.
That part of any other contract or agreement pertaining to your business (including an indemnification of amunicipalityinconnectionwithworkperformedforamunicipality) under which you assume the tort liability ofanothertopayfor "bodily injury", "property damage" or "personal and advertising injury" to a third person ororganization.
Tort liability means a liability that would be imposed by law in the absence of any contract oragreement.
Paragraph f.does not include that part of any contract or agreement:1) That indemnifies a railroad for "bodily injury", "property damage" or"personal and advertising injury" arisingoutofconstructionordemolitionoperationswithin50feetofanyrailroadpropertyandaffectinganyrailroadbridgeortrestle, tracks, road-beds,tunnel, underpass or crossing;
2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications;or
b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury ordamage;
3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damagearisingoutoftheinsured's rendering or failure to render professional services, including those listed in (2)above and supervisory, inspection,architectural or engineering activities;
4) That indemnifies a person or organization for"personal and advertising injury":
a) Arising out of advertising, publishing, broadcasting or telecasting done for you or on your behalf;or
b) To an "employee" of such person or organization that does advertising, publishing, broadcasting ortelecastingforyouoronyourbehalf; or
5) That indemnifies a labor leasing firm for"bodily injury"to"leased workers".
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H. Medical Payments—Increased Reporting Period
Paragraph a.of Section I—Coverage C—Medical Payments is replaced by the following:
a. We will pay medical expenses as described below for"bodily injury'caused by an accident:
1) On premises you own or rent;
2) On ways next to premises you own or rent;or
3) Because of your operations;
provided that:
a) The accident takes place in the"coverage territory'and during the policy period;
b) The expenses are incurred and reported to us within three years of the date of the accident; and
c) The injured person submits to examination, at our expense, by physicians of our choice as often as wereasonablyrequire.
I. Broad Bail Bond Coverage
Paragraph 1.b. under Supplementary Payments—Coverages A And B is replaced by the following:
b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicletowhichtheBodilyInjuryLiabilityCoverageapplies. We do not have to furnish these bonds.
J. Amendment—Duties In The Event of Occurrence,Offense,Claim or Suit
The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or SuitofSectionIV—Commercial General Liability Conditions:
Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim orsuit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" hasbeenreportedtoyourofficer, manager, partner or an "employee" authorized by you to give or receive such notice.Knowledge by "employees" other than your officer, manager, partner or "employee" authorized by you to give orreceivesuchnoticeofan"occurrence", offense,claim or"suit"does not imply that you also have such knowledge.
In the event that an insured reports an "occurrence"to your workers compensation carrier and this "occurrence" laterdevelopsintoaGeneralLiabilityclaim, covered by this Coverage Part, the insured's failure to report suchoccurrence"to us at the time of the"occurrence" shall not be deemed to be a violation of this Condition. You must,however, give us notice as soon as practicable after being made aware that the particular claim is a General LiabilityratherthanaWorkersCompensationclaim.
K. Unintentional Failure To Disclose Or Describe Hazards
Paragraph 6. Representations of Section IV — Commercial General Liability Conditions is replaced by thefollowing:
6. Representations
By accepting this policy,you agree:
a. The statements in the Declarations are accurate and complete;
b. Those statements are based upon representations you made to us;and
c. We have issued this policy in reliance upon your representations.
Coverage will continue to apply if you unintentionally:
1) Fail to disclose all hazards existing at the inception of this policy;or
2) Make an error, omission or improper description of premises or other statement of information stated inthispolicy.
You must notify us in writing as soon as possible after the discovery of any hazards or any other information thatwasnotprovidedtouspriortoinceptionofthisCoveragePart.
L. Bodily Injury Redefined
The"bodily injury"definition under the Definitions Section is replaced by the following:
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Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resultingtheseatanytime. This includes mental anguish, mental injury, shock, fright or death resulting from from any ofsicknessordisease.
bodily injury,
M. Two Or More Of Our Coverage Parts/Policies
The following is added to Section III—Limits of Insurance:
1.
Subject to Paragraph 2. or 3. above, whichever applies, if this Coverage Part and any other Commercial GeneralLiabilityCoveragePartorpolicyprovidingCommercialGeneralLiabilityinsuranceissuedtoyoubotherZurichunderwritingcompanyaffiliatedwithusapplytothesame "occurrence", only the hi y us or anyEachOccurrenceLimitunderanysuchCoveragePartorpolicyappliestosuch"occurrence".
9hest available
2.
Subject to Paragraph 2.above, if this Coverage Part and any other Coverage Part or policy providing CommercialGeneralLiabilityinsuranceissuedtoyoubyusoranyotherZurichunderwritingcompanyaffiliatedwithusapplytothesameoffense, only the highest available Personal And Advertising Injury Limit under any such CoveragePartorpolicyappliestosuchoffense.
3. Under this Coverage Part and all other Zurich underwriting company Coverage Parts or policies to whichParagraphs1. and 2. above combined apply, the most we will pay for all injury or damage because of"bodilyinjury"or"property damage""occurrences", "personal and advertising injury"offenses and medical expenses is:a. The single highest Coverage Part or policy General Aggregate Limit; or
b. The single highest Coverage Part or policy Products-Completed Operations Aggregate Limit,
whichever applies, whether such "occurrence", offenses or medical expenses are covered by one or more thanoneZurichunderwritingcompanypolicy.
4. Any existing provisions under Paragraph 4. Other Insurance under Section IV—Commercial General LiabilityConditionsthatmaybecontrarytotheprovisionsofthisendorsementareamendedtocomplywiththechangesincoverageasstipulatedinParagraphs1., 2., and 3.above.
This provision does not apply to any Coverage Part or policy issued by us or any other Zurich underwriting companyaffiliatedwithusspecificallytoapplyasexcessinsuranceoverthisCoveragePart.
N. Your Work Redefined
Paragraph a.(1)of the"your work"definition under the Definitions Section is replaced by the following:22. "Your work":
a. Means:
1) Work or operations performed by you or on your behalf, but does not include work or operationsperformedbyanotherentitywhojoinedwithyoutoformapartnershiporjointventurenotshownasaNamedInsuredintheDeclarations, which terminated or ended prior to the effective date of this policy;and
All other terms and conditions of this policy remain unchanged.
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Blanket Notification to Others of Cancellation Z U RreHorNon-Renewal
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.Policy No. GLp 3g23gg0,01 Zep Construction, Inc.Effective Date: 10/01/2020
This endorsement applies to insurance provided under the:
Commercial General Liability Coverage Part
A.
If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mailnotificationthatsuchCoverageParthasbeencancelledornon-renewed to each person or organization sho
deliver
wn in alistprovidedtous by the first Named Insured if you are required by written contact or written agreementtorprovidesuchnotification. Such list:
1. Must be provided to us prior to cancellation or non-renewal;
2.
Must contain the names and addresses of only the persons or organizations requiring notification that suchCoverageParthasbeencancelledornon-renewed;and
3. Must be in an electronic format that is acceptable to us.
B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our recordsasofthedatethenoticeofcancellationornon-renewal is mailed or delivered to the first Named Insured. We will mailordeliversuchnotificationtoeachpersonororganizationshowninthelist:1.
Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or2. At least 30 days prior to the effective date of:
a. Cancellation, if cancelled for any reason other than nonpayment of premium; orb. Non-renewal, but not including conditional notice of renewal,
unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of suchnotificationwithrespecttoParagraphB.1. or Paragraph B.2.above.C.
Our mailing or delivery of notification described in Paragraphs A.and B.of this endorsement is intended as a courtesyonly. Our failure to provide such mailing or delivery will not:
1. Extend the Coverage Part cancellation or non-renewal date;
2. Negate the cancellation or non-renewal;or
3.
Provide any additional insurance that would not have been provided in the absence of this endorsement.
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D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list providedtousasdescribedinParagraphsA.and B.of this endorsement.
SCHEDULE
The total number of days for mailing or delivering with respect to Paragraph B.1.ofthisendorsementisamendedtoindicatethefollowingnumberofdays:
The total number of days for mailing or delivering with respect to Paragraph B.2.ofthisendorsementisamendedtoindicatethefollowingnumberofdays:
If a number is not shown here, 10 days continues to apply.
If a number is not shown here, 30 days continues to apply.
All other terms and conditions of this policy remain unchanged.
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Page 2 of
Coverage Extension Endorsement — Florida ZURICH '
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
Policy No. BAP 4403097-01 Zep Construction, Inc. Effective Date: 10/01/2020
This endorsement modifies insurance provided under the:
Business Auto Coverage Form
Motor Carrier Coverage Form
A. Amended Who Is An Insured
1. The following is added to the Who Is An Insured Provision in Section II—Covered Autos Liability Coverage:
The following are also"insureds":
a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts
performed within the scope of employment by you. Any "employee" of yours is also an "insured" while
operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your
permission, while performing duties related to the conduct of your business.
b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or
borrow to transport your clients or other persons in activities necessary to your business.
c. Anyone else who fumishes an"auto"referenced in Paragraphs A.1.a.and A.1.b.in this endorsement.
d. Where and to the extent permitted by law:
1) Any person(s) or organization(s) where required by written contract or written agreement with you
executed prior to any"accident", including
2) Those person(s) or organization(s) directing your work pursuant to such written contract or written
agreement with you,
provided the"accident"arises out of operations governed by such contract or agreement.
This applies only up to the limits required in the written contract or written agreement, or the Limits of
Insurance shown in the Declarations,whichever is less.
2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other
Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form:
Coverage for any person(s) or organization(s), where required by written contract or written agreement with you
executed prior to any"accident", will apply on a primary and non-contributory basis and any insurance maintained
by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond
the terms and conditions of the Coverage Form.
B. Amendment—Supplementary Payments
Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability
Coverage are replaced by the following:
2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an
accident"we cover. We do not have to furnish these bonds.
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4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 adaybecauseoftimeofffromwork.
C. Driver Safety Program Liability and Physical Damage Coverage
1. The following is added to the Racing Exclusion in Section II—Covered Autos Liability Coverage:
This exclusion does not apply to covered "autos" participating in driver safety program events. This includeseventssuchas, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations.2. The following is added to Paragraph 2. in the Exclusions of Section III— Physical Damage Coverage of theBusinessAutoCoverageFormandParagraph2.b. in the Exclusions of Section IV — Physical DamageCoverageoftheMotorCarrierCoverageForm:
This exclusion does not apply to covered "autos" participating in driver safety program events. This includeseventssuchas, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations.
D. Lease or Loan Gap Coverage
The following is added to the Coverage Provision of the Physical Damage Coverage Section:
Lease Or Loan Gap Coverage
In the event of a total"loss"to a covered"auto",we will pay any unpaid amount due on the lease or loan for a coveredauto", less:
a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and
b. Any:
1) Overdue lease or loan payments at the time of the"loss";
2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage;
3) Security deposits not returned by the lessor;
4) Costs for extended warranties, credit life insurance, health,accident or disability insurance purchased with theloanorlease; and
5) Carry-over balances from previous leases or loans.
E. Towing and Labor
Paragraph A.2.of the Physical Damage Coverage Section is replaced by the following:
We will pay up to$75 for towing and labor costs incurred each time a covered "auto" of the private passenger type isdisabled. However,the labor must be performed at the place of disablement.
F. Extended Glass Coverage
The following is added to Paragraph A.3.a.of the Physical Damage Coverage Section:
If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired andisactuallyrepairedratherthanreplaced, the deductible will be waived. You have the option of having the glassrepairedratherthanreplaced.
G. Hired Auto Physical Damage—Increased Loss of Use Expenses
The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by thefollowing:
Loss Of Use Expenses
For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay forlossofuseofavehiclerentedorhiredwithoutadriverunderawrittenrentalcontractorwrittenrentalagreement. Wewillpayforlossofuseexpensesifcausedby:
1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any coveredauto";
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2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is providedforanycovered "auto";or
3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered"auto"
However, the most we will pay for any expenses for loss of use is$100 per day, to a maximum of$3000.H. Personal Effects Coverage
The following is added to the Coverage Provision of the Physical Damage Coverage Section:Personal Effects Coverage
a. We will pay up to$750 for"loss"to personal effects which are:
1) Personal property owned by an"insured" and
2) In or on a covered "auto".
b.
Subject to Paragraph a.above,the amount to be paid for"loss"to personal effects will be based on the lesser of:1) The reasonable cost to replace;or
2) The actual cash value.
c.
The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a coveredauto".
No deductible applies to this coverage. However, we will not pay for"loss" to personal effects of any ofthefollowing:
1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or otherdocumentsofvalue.
2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches,precious or semi-precious stones.
3) Paintings, statuary and other works of art.
4) Contraband or property in the course of illegal transportation or trade.
5) Tapes, records,discs or other similar devices used with audio, visual or data electronic equipment.
Any coverage provided by this Provision is excess over any other insurance coverage available for the same"loss".I. Tapes,Records and Discs Coverage
1. The Exclusion in Paragraph 6.4.a. of Section III—Physical Damage Coverage in the Business Auto CoverageFormandtheExclusioninParagraphB.2.c. of Section IV— Physical Damage Coverage in the Motor CarrierCoverageFormdoesnotapply.
2.
The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of thePhysicalDamageCoverageSection:
We will pay for"loss" to tapes, records, discs or other similar devices used with audio, visual or data electronicequipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices:a) Are the property of an"insured"; and
b) Are in a covered"auto"at the time of"loss".
The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500.. The PhysicalDamageCoverageDeductibleProvisiondoesnotapplytosuch"loss".
J. Airbag Coverage
The Exclusion in Paragraph B.3.a. of Section III—Physical Damage Coverage in the Business Auto Coverage FormandtheExclusioninParagraphB.4.a. of Section IV— Physical Damage Coverage in the Motor Carrier CoverageFormdoesnotapplytotheaccidentaldischargeofanairbag.
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K. Two or More Deductibles
The following is added to the Deductible Provision of the Physical Damage Coverage Section:
If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to youbyus, the following applies for each covered"auto' on a per vehicle basis:
1. If the deductible on this policy or Coverage Form is the smaller(or smallest)deductible, it will be waived; or
2. If the deductible on this policy or Coverage Form is not the smaller(or smallest) deductible, it will be reduced bytheamountofthesmaller(or smallest)deductible.
L. Physical Damage—Comprehensive Coverage—Deductible
The following is added to the Deductible Provision of the Physical Damage Coverage Section:
Regardless of the number of covered"autos"damaged or stolen, the maximum deductible that will be applied to
Comprehensive Coverage for all"loss"from any one cause is$5,000 or the deductible shown in the Declarations,whichever is greater.
M. Temporary Substitute Autos—Physical Damage
1. The following is added to Section I—Covered Autos:
Temporary Substitute Autos—Physical Damage
If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the followingtypesofvehiclesarealsocovered"autos"for Physical Damage Coverage:
Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a coveredauto"you do own but is out of service because of its:
1. Breakdown;
2. Repair;
3. Servicing;
4. "Loss"; or
5. Destruction.
2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section:
Temporary Substitute Autos—Physical Damage
We will pay the owner for"loss"to the temporary substitute"auto"unless the"loss"results from fraudulent acts or
omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any otherparty.
The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it
replaces.
N. Amended Duties In The Event Of Accident,Claim,Suit Or Loss
Paragraph a.of the Duties In The Event Of Accident,Claim,Suit Or Loss Condition is replaced by the following:
a. (1) In the event of"accident", claim, "suit"or" loss", you must give us or our authorized representative promptnoticeofthe"accident", claim, "suit"or"loss". However, these duties only apply when the"accident", claim,suit"or"loss"is known to:
a) You(if you are an individual);
b) A partner(if you are a partnership);
c) A member(if you are a limited liability company); or
d) An executive officer or insurance manager(if you are a corporation).
The failure of any agent, servant or employee of the"insured"to notify us of any"accident", claim,"suit"or
loss"shall not invalidate the insurance afforded by this policy.
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2) Include, as soon as practicable:
a) How,when and where the"accident"or"loss"occurred and if a claim is made or"suit"is brought, writtennoticeoftheclaimor"suit"including, but not limited to, the date and details of such claim or"suit";b) The"insured's"name and address; and
c) To the extent possible,the names and addresses of any injured persons and witnesses.
3) If you report an"accident", claim,"suit"or"loss"to another insurer when you should have reported to us, yourfailuretoreporttouswillnotbeseenasaviolationoftheseamendeddutiesprovidedyougiveusnoticeassoonaspracticableafterthefactofthedelaybecomesknowntoyou.
O. Waiver of Transfer Of Rights Of Recovery Against Others To Us
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" orloss", provided that the"accident"or"loss"arises out of operations contemplated by such contract. This waiver onlyappliestothepersonororganizationdesignatedinthecontract.
P. Employee Hired Autos—Physical Damage
Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the OtherInsurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replacedbythefollowing:
For Hired Auto Physical Damage Coverage,the following are deemed to be covered"autos"you own:
1) Any covered"auto"you lease, hire, rent or borrow;and
2) Any covered "auto"hired or rented under a written contract or written agreement entered into by an "employee"orelectedorappointedofficialwithyourpermissionwhilebeingoperatedwithinthecourseandscopeofthatemployee's"employment by you or that elected or appointed official's duties as respect their obligations to you.
However, any"auto"that is leased, hired,rented or borrowed with a driver is not a covered"auto".
Q. Unintentional Failure to Disclose Hazards
The following is added to the Concealment,Misrepresentation Or Fraud Condition:
However,we will not deny coverage under this Coverage Form if you unintentionally:
1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or
2) Make an error, omission, improper description of"autos"or other misstatement of information.
You must notify us as soon as possible after the discovery of any hazards or any other information that was notprovidedtouspriortotheacceptanceofthispolicy.
R. Hired Auto—World Wide Coverage
Paragraph 7.a.(5)of the Policy Period,Coverage Territory Condition is replaced by the following:
5) Anywhere in the world if a covered"auto"is leased, hired, rented or borrowed for a period of 60 days or less,
S. Bodily Injury Redefined
The definition of"bodily injury"in the Definitions Section is replaced by the following:
Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish,resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease.T. Expected Or Intended Injury
The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered AutosLiabilityCoverageisreplacedbythefollowing:
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Expected Or Intended Injury
Bodily injury"or"property damage" expected or intended from the standpoint of the "insured". This exclusion doesnotapplyto "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons orproperty.
U. Physical Damage—Additional Temporary Transportation Expense Coverage
Paragraph A.4.a. of Section Ill—Physical Damage Coverage is replaced by the following:
4. Coverage Extensions
a. Transportation Expenses
We will pay up to$50 per day to a maximum of$1,000 for temporary transportation expense incurred by youbecauseofthetotaltheftofacovered "auto" of the private passenger type. We will pay only for thosecovered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We willpayfortemporarytransportationexpensesincurredduringtheperiodbeginning48hoursafterthetheftandending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for itsloss".
V. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto
The following is added to Paragraph A.Coverage of the Physical Damage Coverage Section:
In the event of a total "loss"to a covered "auto"of the private passenger type that is replaced with a hybrid "auto" orauto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the costofthereplacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to amaximumof$2500. The covered "auto" must be replaced by a hybrid "auto" or an"auto" powered by an alternativefuelsourcewithin60calendardaysofthepaymentofthe "loss" and evidenced by a bill of sale or new vehicle leaseagreement.
To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source ofpropulsionpower. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas,either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must bepoweredbyasourceofpropulsionpowerotherthanaconventionalgasolineengine. An "auto" solely propelled bybiofuel, gasoline or diesel fuel or any blend thereof is not an "auto"powered by an alternative fuel source.
W. Return of Stolen Automobile
The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section:
If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will payonlyforthosecovered"autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage.
All other terms,conditions, provisions and exclusions of this policy remain the same.
Zep Construction, Inc.
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
Ed.04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will notenforceourrightagainstthepersonororganizationnamedintheSchedule. (This agreement applies only to theextentthatyouperformworkunderawrittencontractthatrequiresyoutoobtainthisagreementfromus.)This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRI 1'TEN CONTRACTORAGREEMENTWITHTHEINSURED,EXECUTED PRIOR TO THE ACCIDENT OR LOSS,THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PER-FORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION
This endorsementchanges the policyto 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 10/01/2020 Effective Policy No. Endorsement No.
Insured Zep Construction, Inc. WC 0970234-00
Premium$
Insurance Company Countersigned byZurichAmericanInsuranceCompany
Alan P. Chandler
WC124 (4.84)
WC 00 03 13 Page 1 of 1Copyright1993NationalCouicilonCompensationInsurance,Inc. Uniform Forme"