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Agenda 01/09/2024 Item #11C (Contract #23-8105 for the Collier County Fire & EMS Station 74 by Rycon Construction, Inc.)
01/09/2024 EXECUTIVE SUMMARY Recommendation to award Construction Invitation to Bid (“ITB”) No. 23-8105, “Collier County Fire and EMS Station 74,” to Rycon Construction, Inc., in the amount of $9,464,456.00, authorize the Chairman to sign the attached Agreement, and approve the necessary Budget Amendments. OBJECTIVE: To approve an Agreement for the construction of a new Fire and EMS station facility to be located on the corner of Golden Gate Boulevard East and Desoto Boulevard South in Golden Gates Estates. CONSIDERATION: The proposed Fire and EMS Station 74 building will be approximately 14,500 square feet and is the result of a coordinated design effort between Collier County EMS, North Collier Fire Rescue District, and the Greater Naples Fire Rescue District. The shared facility will consist of five apparatus bays, twelve bunk rooms, seven restrooms, and associated day living spaces, including a fitness room and a screen porch enclosure. Also included will be support areas for the Fire Rescue Departments, including a gear room and a decontamination area. The site is currently undeveloped and not served by public utilities. Therefore, in addition to the associated site improvements for the building, there will also be a potable well, fire well, and septic system installed. Collier County Facilities Management Division engaged architects, Schenkel & Shultz, Inc., (“Schenkel”), to provide the design of the new facility, an opinion of probable cost, and a construction bid schedule for the project. On April 5, 2023, the Procurement Services Division issued ITB No. 23-8105, Collier County Fire and EMS Station 74. The County received six bids by the May 30, 2023, deadline as summarized below. Company Name City County ST Bid Amount Responsive/ Responsible Rycon Construction, Inc. Fort Myers Lee FL $9,464,456.00 Yes/Yes Burke Construction Group, Inc. Doral Broward FL $9,538,349.60 Yes/Yes O-A-K/Florida Inc. d/b/a Owen- Ames-Kimball Company Fort Myers Lee FL $10,007,111.38 Yes/Yes Waypoint Contracting Inc. Naples Collier FL $10,235,245.00 Yes/Yes DMR Construction Services, Inc. Delray Beach Palm Beach FL $11,853,798.53 Yes/Yes Waltbillig & Hood General Contractors, LLC Naples Collier FL $9,116,532.25 No/Yes Staff reviewed the six bids and determined that five were responsive and responsible, and one bid was non- responsive bid. Staff concluded that the bid received from Waltbillig & Hood General Contractors, LLC was non - responsive based on unit costs and total costs variations. Staff concluded that Rycon Constructi on, Inc., (“Rycon”) is the lowest, responsive, and responsible bidder at $9,464,456.00, which is approximately 6% lower than the Architect’s Opinion of Probable Construction Cost. Schenkel evaluated Rycon’s references and found them acceptable to determine its experience with work of a similar magnitude performed within the last five years. Therefore, staff recommends the attached contract be awarded to Rycon Construction, Inc., the lowest responsive and responsible bidder, in the amount of $9,464,456.00. Coordination discussions with the two adjacent Fire Districts have resulted in an agreement in which Collier County will fund and complete the construction of Fire and EMS Station 74 and Greater Naples Fire and North Collier Fire will commit to developing the next two new stations and include space and design considerations for Collier County EMS to co-locate. This approach consolidates the three separate EMS projects into one singular project funded by the Surtax program as the other two efforts continue under the Fire Districts. This item is consistent with the Quality of Place, Infrastructure and Asset Management and Community Development Strategic Focus Areas of the Collier County Strategic Plan. 11.C Packet Pg. 44 01/09/2024 FISCAL IMPACT: The total estimated project budget for the development of Collier County Fire and EMS Station 74 is $10,766,158.68. Budget amendments as described in the below table will be necessary to fund the project and staff intends to return to brief the Surtax Oversight Committee of the Boards direction to consolidate the project budgets and validate the additional funding for the project at the next appropriate meeting. Additionally, staff has submitted a legislative appropriations request to the Florida House of Representatives that has the potential of providing approximately 40% of the construction cost of the building. If this request is approved, it may reduce the amount of Surtax dollars used to fund the project. The annual County operating cost of this facility is projected to be approximately $982,300 which includes first responder personnel and operating expenses. Additionally, annual capital recovery on the building and apparatus is estimated to be $419,500. ITEM AMOUNT - USD NEEDED BUDGET AMENDMENTS EMS 74 09/02/20 Surtax Validation 2,500,000.00 EMS 74 10/07/22 Surtax Validation 2,390,681.18 To allocate to 55212 Reallocation from North Naples EMS 997,625.67 From 55213 to 55212 Reallocation from Heritage Bay EMS 2,222,200.00 From 55211 to 55212 Reserves within the Infrastructure Sales Tax Fund 2,655,652.15 To allocate to 55212 EMS 74 Total Estimated Project Cost 10,766,159.00 GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award Construction Invitation to Bid No. 23-8105, “Collier County Fire and EMS Station 74,” to Rycon Construction, Inc., in the amount of $9,464,456.00, authorize the Chairman to sign the attached Agreement, and approve the necessary Budget Amendments. Prepared by Tony Barone, Principal Project Manager, Facilities Management ATTACHMENT(S) 1. 23-8105_COI_Rycon (PDF) 2. 23-8105 Solicitation_rev (PDF) 3. 23-8105 Bid Tabulation (PDF) 4. 23-8105 NORA (PDF) 5. 23-8105 DELORA (PDF) 6. [Linked] 23-8105 Vendor Signed_RyconConstruction (PDF) 7. GNFD Support Letter - Station 74 (PDF) 8. North Collier Fire Control and Rescue District Letter - Station 74 (PDF) 9. Presentation - Recommendation to Award ITB No. 23-8105 v1 (PDF) 11.C Packet Pg. 45 01/09/2024 COLLIER COUNTY Board of County Commissioners Item Number: 11.C Doc ID: 26888 Item Summary: Recommendation to award Construction Invitation to Bid (“ITB”) No. 23-8105, “Collier County Fire and EMS Station 74,” to Rycon Construction, Inc., in the amount of $9,464,456.00, authorize the Chairman to sign the attached Agreement, and approve the necessary Budget Amendments. (Tony Barone, Principal Project Manager, Facilities Management) Meeting Date: 01/09/2024 Prepared by: Title: – Facilities Management Name: Tony Barone 12/27/2023 4:57 PM Submitted by: Title: – Facilities Management Name: John McCormick 12/27/2023 4:57 PM Approved By: Review: Facilities Management John McCormick Director - Facilities Completed 12/27/2023 6:02 PM Facilities Management Tony Barone Additional Reviewer Completed 12/28/2023 9:59 AM Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 12/28/2023 10:52 AM Procurement Services Kristofer Lopez Additional Reviewer Completed 12/28/2023 10:57 AM Facilities Management Jennifer Belpedio Manager - Real Property Completed 12/28/2023 11:11 AM Facilities Management Olivier Sureau Additional Reviewer Completed 12/28/2023 11:32 AM Emergency Management Tony Barone Additional Reviewer Skipped 12/28/2023 12:26 PM Procurement Services Sandra Srnka Procurement Director Review Completed 12/28/2023 1:09 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 12/28/2023 1:54 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/28/2023 2:01 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/29/2023 8:40 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 01/02/2024 5:18 PM County Manager's Office Ed Finn Level 4 County Manager Review Completed 01/03/2024 4:08 PM Board of County Commissioners Geoffrey Willig Meeting Pending 01/09/2024 9:00 AM 11.C Packet Pg. 46 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Union Fire Ins Co of Pitts, PA Travelers Property Cas. Co. of America The Cincinnati Insurance Company 11/29/2023 USI Insurance Services, LLC Six PPG Place, Suite 200 Pittsburgh, PA 15222 412 765-3510 Joshua Zunic 412 765-3510 joshua.zunic@usi.com Rycon Construction, Inc. 2501 Smallman Street Suite 100 Pittsburgh, PA 15222 19445 25674 10677 42707489 A X X X Stop Gap Liab OH WV X No Excl for XCU X GL3292093 09/01/2023 09/01/2024 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 C X X X EBA0693771 Deductibles: $1,000 Comp. $1,000 Collision 09/01/2023 09/01/2024 1,000,000 B X X X 10,000 CUP4S78711323NF 09/01/2023 09/01/2024 15,000,000 15,000,000 A N WC22298379 09/01/2023 09/01/2024 X 1,000,000 1,000,000 1,000,000 Description of Operations: Collier County Board of County Commissioners, or Board of County Commissioners in Collier County or Collier County Government or Collier County included as additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 1 of 1 #S42707489/M41269946 RYCONCONClient#: 1590355 SACT 1 of 1 #S42707489/M41269946 11.C.a Packet Pg. 47 Attachment: 23-8105_COI_Rycon (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") Construction Solicitation Doc rev 04152022 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CONSTRUCTION INVITATION TO BID FOR COLLIER COUNTY FIRE AND EMS STATION 74 SOLICITATION NO.: 23-8105 JUAN DELGADO, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8944 Juan.Delgado@colliercountyfl.gov This proposal solicitation document is prepared in a Microsoft Word format (Rev 8/22/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 11.C.b Packet Pg. 48 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") Construction Solicitation Doc rev 04152022 INVITATION TO BID - COUNTY BID NO. 23-8105 COLLIER COUNTY FIRE AND EMS STATION 74 Sealed bids for the construction of Collier County Fire and EMS Station 74 will be received electronically until 3:00 P.M. LOCAL TIME, on the 22nd day of May 2023 on the County’s online bidding system: https://www.bidsync.com/bidsync-cas/. All bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: $10,026,000.00. A non-mandatory pre-bid conference shall be held at the Procurement Services Division, Conference Room A, at 10:00 a.m. EST on the 17th day of April 2023, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Bids shall be received online by the Bid Date of May 22, 2023, at 3:00 PM EST. No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or current. Each bid shall be accompanied by a certified or cashier ’s check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment a nd Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts , and Certificates of Insurance shall be either executed by or countersigned by a licensed resident a gent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualifie d to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business li censes, certifications, and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance rec ord and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, th e Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within five hundred and fifteen (515) calendar days from and after the Commencement Date specified in the Notice to Proceed. The final completion days include substantial completion days of four hundred and fifty-five (455) calendar days, with an additional sixty (60) calendar days to final completion. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entit led to assess, as liquidated damages, but not as a penalty, three thousand three hundred and five ($3,305.00) dollars for each calendar day thereafter until Substantial Completion is achieved. Unless otherwise specified, work will be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not ex tend beyond one hundred eighty (180) days from the bid opening date without the consent of the Successful Bidder. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: /s/ Sandra Herrera Director, Procurement Services Division 11.C.b Packet Pg. 49 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") Construction Solicitation Doc rev 04152022 FORM 1 - BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA COLLIER COUNTY FIRE AND EMS STATION 74 BID NO. 23-8105 Full Name of Bidder Main Business Address Place of Business Telephone No. Fax No. State Contractor's License # State of Florida Certificate of Authority Document Number Federal Tax Identification Number DUNS # CCR# Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all o ther 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 accordi ng 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 ta ke full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner’s damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair tha t 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 whic h it may have to seek to characterize the 11.C.b Packet Pg. 50 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") Construction Solicitation Doc rev 04152022 above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner’s actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipu lated 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 four hundred and fifty-five (455) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within sixty (60) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature:______________________________________ Title:___________________________________________ Date:____________________________ 11.C.b Packet Pg. 51 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") Construction Solicitation Doc rev 04152022 FORM 2 - CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT COLLIER COUNTY FIRE AND EMS STATION 74 BID NO. 23-8105 Name Personnel Category Construction Superintendent Project Manager 11.C.b Packet Pg. 52 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") Construction Solicitation Doc rev 04152022 FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber, and other forest products produced and manufactured in the State of Florida as long as the price, fitness , and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer /Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: _____________________________________________________________ Signature: ___________________________________________ Date: _________ Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: __________________________________________________-_________________ Signature:______________________________________________________ Date ________ 11.C.b Packet Pg. 53 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") Construction Solicitation Doc rev 04152022 FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are “qualified” (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations, and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identi fied for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: ___________________________________________________________________ Signature: __________________________________________________ Date: _________ 11.C.b Packet Pg. 54 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") Construction Solicitation Doc rev 04152022 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. The Bidder is required provide five (5) project references, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill, and business standing, and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owne r’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 2. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 3. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 11.C.b Packet Pg. 55 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") Construction Solicitation Doc rev 04152022 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project completion date) (contract value) (phone) (email) 5. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project completion date) (contract value) (phone) (email) Company: ___________________________________________________________________ Signature: __________________________________________________ Date: _________ 11.C.b Packet Pg. 56 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") Construction Solicitation Doc rev 04152022 FORM 6 - TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF,SY) Unit (Quantity) Unit Cost Extended Cost 1. 2. 3. 4. 5. TOTAL $ Company: __________________________________________________________________________ Signature: __________________________________________________ Date: ________________ 11.C.b Packet Pg. 57 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") FORM 7 - BID BOND THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we ______________________________________________ _____________________________________________ (herein after called the Principal) and _________________________________, (herein called the Surety), a corporation chartered and existing under the laws of the State of _____________ with its principal offices in the city of ____________________ and authorized to do business in the State of ______________________ are held and firmly bound unto the __________________________________________________ (hereinafter called the Owner), in the full and just sum of ____________________________________________ dollars ($_________________) good and lawful m oney of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment, and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 23-8105 Collier County Fire and EMS Station 74. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $______________ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this ______ day of ________________, 20 . Principal BY (Seal) Surety (Seal) Countersigned Appointed Producing Agent for 11.C.b Packet Pg. 58 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") FORM 8 - INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County’s separate Vendors, Contractors, Design Consultant, Subcontractors, agents, and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County”, or the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below-listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self -insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor’s sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer , and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage (s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage (s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 11.C.b Packet Pg. 59 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") 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 Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $_1,000,000_______single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Automobile Liability $_1,000,000_____ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $ ___________ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence 11.C.b Packet Pg. 60 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder’s Risk Insurance will be addressed by the Collier County Risk Management Division. GG – 3/6/23 ______________________________________________________________________________________________ Vendor’s Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date o f award. 11.C.b Packet Pg. 61 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") FORM 9 – CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County project identified above (e.g., writing a procurement’s statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor’s ability to render impartial advice to the government. Unequal access to information – The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above- mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”) or through non- public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or ag ents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. _____________________________________ Company Name _____________________________________ Signature ______________________________________________ Print Name and Title State of ___________________ County of _________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day of ____________ (month), (year), by (name of person acknowledging). _________________________________________ (Signature of Notary Public - State of Florida) ___________________________________________________ (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification ______________________________________ Type of Identification Produced 11.C.b Packet Pg. 62 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") FORM 10 – VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub- vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 20__ in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded __________________________________________________________________________ Telephone: Email: Signature by: (Typed and written) Title: 11.C.b Packet Pg. 63 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: 11.C.b Packet Pg. 64 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") FORM 11- IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor’s bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor’s bid or within five (5) day of the County’s Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR’S PROPOSAL/BID MAY DEEM THE VENDOR NON-RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s proposal/bid. _____________________________________ Company Name _____________________________________ Signature _____________________________________ Print Name and Title State of ___________________ County of _________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day of ____________ (month), (year), by (name of person acknowledging). _________________________________________ (Signature of Notary Public - State of Florida) __________________________________________________________ (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification ______________________________________ Type of Identification Produced 11.C.b Packet Pg. 65 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") FORM 12 - BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. Please read carefully, sign in the spaces indicated and return with your Bid. FAILURE TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON- RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed : 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form (Form 1) b. Contractors Key Personnel (Form 2) c. Material Manufacturers (Form 3) d. List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) f. Trench Safety Act (Form 6) g. Bid Bond Form (Form 7) h. Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j. Vendor Declaration Statement (Form 10) k. Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your submittal. l. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. 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. Copy of valid and current Florida General Contractor’s License e. Any required professional licenses – valid and current (myfloridalicense.com) (i.e., Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) f. Vendor W-9 Form 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier’s check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. 11.C.b Packet Pg. 66 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") ***FOR REVIEW ONLY – NOT REQUIRED UNTIL AWARD IS MADE – PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-1: PUBLIC PAYMENT BOND COLLIER COUNTY FIRE AND EMS STATION 74 BID NO. 23-8105 Bond No. Contract No. 23-8105 KNOW ALL MEN BY THESE PRESENTS: That _______________________________ __________________________________________________________, as Principal, and _______________________________________________________________, as Surety, located at ______________________________________________________ (Business Address) are held and firmly bound to _______________________________ as Obligee in the sum of _________________________________________________ ($_____________) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ____ day of _______________ 20 , with Obligee for ____________________________________ in _______________________ accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise, it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this ________ day of ______________ 20 , the name of each party being affixed, and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 11.C.b Packet Pg. 67 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") Signed, sealed, and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _____day of ___________ 20___, by ____________________________, as __________________________ of _________________________________, a ___________ corporation, on behalf of the corporation. He/she is personally known to me OR has produced_____________ as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 11.C.b Packet Pg. 68 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ___________________, 20 , by _______________________________________, as ___________________________ of ____________________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced _______________________________________ as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 11.C.b Packet Pg. 69 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") ***FOR REVIEW ONLY – NOT REQUIRED UNTIL AWARD IS MADE – PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-2: PUBLIC PERFORMANCE BOND COLLIER COUNTY FIRE AND EMS STATION 74 BID NO. 23-8105 Bond No. Contract No. 23-8105 KNOW ALL MEN BY THESE PRESENTS: That _______________________________ ________________________, as Principal, and ______________________________ _____________________________, as Surety, located at ______________________________________________________________________ (Business Address) are held and firmly bound to ________________________________________________, as Obligee in the sum of ______________________________________________________________________ ($_______________) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ____________ day of __________________________________, 20 , with Obligee for ______________________________________________________________________ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise, it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates, and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. 11.C.b Packet Pg. 70 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of _______________, 20 , the name of each party being affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed, and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ______________, 20 , by ___________________________________________, as _____________________________ of _________________________________, a ______________________ corporation, on behalf of the corporation. He/she is personally known to me OR has produced __________________________ ______________________ as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 11.C.b Packet Pg. 71 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ______________, 20 , by _________________________, as ___________________ of _____________________________, a __________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced _____________________________ as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 11.C.b Packet Pg. 72 Attachment: 23-8105 Solicitation_rev (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") Procurement Strategist: Kristofer Lopez Project Manager: Tony Barone Bid Due: May 30, 2023 Notices Issued: 10,404 Vendors Viewed:225 Submitted: 6 UNIT QTY COST TOTAL COST TOTAL COST TOTAL COST TOTAL COST TOTAL COST TOTAL 1.0 GENERAL REQUIREMENTS UNIT QTY COST TOTAL COST TOTAL COST TOTAL COST TOTAL COST TOTAL COST TOTAL 1.1 General Conditions LS 1 682,750.00$ 682,750.00$ 1,850,675.15$ 1,850,675.15$ 1,455,389.70$ 1,455,389.70$ 766,500.00$ 766,500.00$ 1,050,323.28$ 1,050,323.28$ 1,123,159.00$ 1,243,188.00$ 1.2 Material Testing LS 1 22,000.00$ 22,000.00$ 15,500.00$ 15,500.00$ 38,000.00$ 38,000.00$ 17,500.00$ 17,500.00$ 35,200.00$ 35,200.00$ 24,545.00$ 1.3 NPDES Monitoring and Maintenance LS 1 5,000.00$ 5,000.00$ 15,148.65$ 15,148.65$ -$ 18,500.00$ 18,500.00$ 99,000.00$ 99,000.00$ 5,050.00$ 709,750.00$ 1,881,323.80$ 1,493,389.70$ 802,500.00$ 1,184,523.28$ 1,272,783.00$ 2.0 SITE WORK - Documents prepared by DeLisi Fitzgerald UNIT QTY COST TOTAL COST TOTAL COST TOTAL COST TOTAL COST TOTAL COST TOTAL 2.1 Mobilization LS 1 200,000.00$ 200,000.00$ 25,295.60$ 25,295.60$ 37,173.50$ 37,173.50$ 9,500.00$ 9,500.00$ 165,429.25$ 165,429.25$ 48,323.00$ 48,294.00$ 2.2 Project Signage and Marking LS 1 8,500.00$ 8,500.00$ 2,000.00$ 2,000.00$ 25,122.00$ 25,122.00$ 9,800.00$ 9,800.00$ 15,266.05$ 15,266.05$ 8,830.00$ 16,596.00$ 2.3 Clearing, Select Preserve Clearing, Grubbing & Grading LS 1 675,000.00$ 675,000.00$ 550,118.09$ 550,118.09$ 736,261.25$ 736,261.25$ 735,000.00$ 735,000.00$ 1,131,842.56$ 1,131,842.56$ 676,839.00$ 2.4 Site Utilities - Elec, Wells, Septic, Fire Pump, Storm Water LS 1 713,402.00$ 713,402.00$ 594,390.01$ 594,390.01$ 1,030,868.00$ 1,030,868.00$ 965,011.00$ 965,011.00$ 710,536.84$ 710,536.84$ 1,011,730.00$ 2.5 Paving and Sidewalks LS 1 295,000.00$ 295,000.00$ 444,068.14$ 444,068.14$ 405,103.25$ 405,103.25$ 395,850.00$ 395,850.00$ 246,631.57$ 246,631.57$ 372,726.00$ 2.6 Landscaping and Irrigation LS 1 202,608.00$ 202,608.00$ 192,362.00$ 192,362.00$ 196,093.20$ 196,093.20$ 245,800.00$ 245,800.00$ 195,864.48$ 195,864.48$ 182,643.00$ 2.7 Maintenance of Traffic for Driveway Construction in ROW LS 1 5,000.00$ 5,000.00$ 1,882.40$ 1,882.40$ 10,000.00$ 10,000.00$ 17,500.00$ 17,500.00$ 29,847.90$ 29,847.90$ 2,015.00$ 2.8 Fuel Tank, Piping, Foundation, Electrical LS 1 22,500.00$ 22,500.00$ 80,940.34$ 80,940.34$ 101,700.00$ 101,700.00$ 54,500.00$ 54,500.00$ 220,712.19$ 220,712.19$ 100,093.00$ 2.9 Antenna Tower LS 1 56,300.00$ 56,300.00$ 16,983.00$ 16,983.00$ 42,500.00$ 42,500.00$ 148,950.00$ 148,950.00$ 149,163.03$ 149,163.03$ 85,788.00$ 2.10 Surveying - Stake Out and As-Builts LS 1 350,911.00$ 350,911.00$ 21,000.00$ 21,000.00$ 34,565.00$ 34,565.00$ 27,500.00$ 27,500.00$ 68,195.00$ 68,195.00$ 26,000.00$ 2.11 Generator, Foundation, Piping, Transfer Switch LS 1 260,000.00$ 260,000.00$ -$ -$ 180,000.00$ 180,000.00$ 285,900.00$ 285,900.00$ 332,744.84$ 332,744.84$ 254,573.00$ 2,789,221.00$ 1,929,039.58$ 2,799,386.20$ 2,895,311.00$ 3,266,233.71$ 2,777,297.00$ 3.0 BUILDING - Documents prepared by SchenkelShultz, BBM and Burgess Brant UNIT QTY COST TOTAL COST TOTAL COST TOTAL COST TOTAL COST TOTAL COST TOTAL DIV 3.0 Concrete LS 1 380,000.00$ 380,000.00$ 935,950.00$ 935,950.00$ 397,666.67$ 397,666.67$ 595,000.00$ 595,000.00$ 306,075.28$ 306,075.28$ 358,090.00$ DIV 4.0 Masonry LS 1 335,000.00$ 335,000.00$ -$ 198,833.33$ 198,833.33$ 226,300.00$ 226,300.00$ 411,895.00$ 411,895.00$ 270,000.00$ DIV 5.1 Miscellaneous Steel Framing LS 1 53,500.00$ 53,500.00$ 129,836.00$ 129,836.00$ 217,802.00$ 217,802.00$ 87,500.00$ 87,500.00$ 20,000.00$ 20,000.00$ 108,796.00$ DIV 5.2 Steel Roof Trusses and Decking LS 1 450,000.00$ 450,000.00$ 443,051.00$ 443,051.00$ 377,000.00$ 377,000.00$ 465,875.00$ 465,875.00$ 483,425.80$ 483,425.80$ 429,825.00$ DIV 6.1 Rough Carpentry LS 1 17,600.00$ 17,600.00$ 10,500.00$ 10,500.00$ 4,000.00$ 4,000.00$ 65,750.00$ 65,750.00$ 23,219.99$ 23,219.99$ 60,667.00$ DIV 6.2 Millwork LS 1 230,075.00$ 230,075.00$ 169,952.00$ 169,952.00$ 173,377.00$ 173,377.00$ 178,500.00$ 178,500.00$ 173,490.90$ 173,490.90$ 117,580.00$ DIV 7.1 Insulation LS 1 55,000.00$ 55,000.00$ 45,734.00$ 45,734.00$ 36,077.00$ 36,077.00$ 48,750.00$ 48,750.00$ 61,307.40$ 61,307.40$ 38,877.00$ DIV 7.2 Roofing LS 1 350,000.00$ 350,000.00$ 416,090.00$ 416,090.00$ 443,130.00$ 443,130.00$ 487,500.00$ 487,500.00$ 410,827.72$ 410,827.72$ 478,093.00$ DIV 7.3 Weather Barrier LS 1 15,000.00$ 15,000.00$ 6,340.00$ 6,340.00$ 13,085.00$ 13,085.00$ 16,520.00$ 16,520.00$ 101,136.60$ 101,136.60$ 10,830.00$ DIV 7.4 Miscellaneous Thermal and Moisture Protection LS 1 17,500.00$ 17,500.00$ 12,480.00$ 12,480.00$ 30,077.00$ 30,077.00$ 10,520.00$ 10,520.00$ 38,855.30$ 38,855.30$ 109,000.00$ DIV 8.1 Doors, Storefront, Hardware, Windows, Louvers LS 1 610,000.00$ 610,000.00$ 446,681.00$ 446,681.00$ 507,362.00$ 507,362.00$ 578,300.00$ 578,300.00$ 567,476.05$ 567,476.05$ 505,373.00$ DIV 9.1 Metal Framing and Drywall LS 1 297,000.00$ 297,000.00$ 354,135.00$ 354,135.00$ 466,959.00$ 466,959.00$ 498,450.00$ 498,450.00$ 315,807.80$ 315,807.80$ 223,540.00$ DIV 9.2 Flooring, Walls and Ceilings LS 1 610,400.00$ 610,400.00$ 360,377.50$ 360,377.50$ 293,375.00$ 293,375.00$ 275,950.00$ 275,950.00$ 505,694.34$ 505,694.34$ 223,895.00$ DIV 10 Specialties LS 1 96,700.00$ 96,700.00$ 64,951.96$ 64,951.96$ 125,050.00$ 125,050.00$ 97,625.00$ 97,625.00$ 121,486.97$ 121,486.97$ 79,971.00$ DIV 11 Equipment LS 1 126,600.00$ 126,600.00$ 151,388.54$ 151,388.54$ 114,933.00$ 114,933.00$ 127,000.00$ 127,000.00$ 377,650.05$ 377,650.05$ 48,979.00$ DIV 12 Furnishings LS 1 96,800.00$ 96,800.00$ 7,218.22$ 7,218.22$ 42,272.50$ 42,272.50$ 275,400.00$ 275,400.00$ 22,130.04$ 22,130.04$ 111,262.00$ DIV 21 Fire Suppression LS 1 85,700.00$ 85,700.00$ 56,328.00$ 56,328.00$ 155,385.00$ 155,385.00$ 149,500.00$ 149,500.00$ 239,783.50$ 239,783.50$ 95,054.00$ DIV 22 Plumbing LS 1 300,900.00$ 300,900.00$ 304,350.00$ 304,350.00$ 317,793.00$ 317,793.00$ 386,400.00$ 386,400.00$ 220,000.00$ 220,000.00$ 293,625.00$ DIV 23 HVAC LS 1 508,840.00$ 508,840.00$ 470,600.00$ 470,600.00$ 367,635.00$ 367,635.00$ 476,000.00$ 476,000.00$ 535,433.80$ 535,433.80$ 463,844.00$ DIV 26 Electrical LS 1 945,000.00$ 945,000.00$ 1,102,875.00$ 1,102,875.00$ 1,045,320.00$ 1,045,320.00$ 1,028,639.00$ 1,028,639.00$ 2,035,000.00$ 2,035,000.00$ 636,000.00$ DIV 27 Communitcations and Technology LS 1 27,500.00$ 27,500.00$ -$ 29,950.00$ 29,950.00$ 115,130.00$ 115,130.00$ 82,500.00$ 82,500.00$ 166,350.00$ DIV 28 Safety and Security/Fire Alarm LS 1 110,000.00$ 110,000.00$ -$ 127,230.00$ 127,230.00$ 123,800.00$ 123,800.00$ 98,450.00$ 98,450.00$ 19,250.00$ 5,719,115.00$ 5,488,838.22$ 5,484,312.50$ 6,314,409.00$ 7,151,646.54$ 4,848,901.00$ UNIT QTY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1.0 Concrete sidewalk/equipment pads, 4" thickness SF 500 8.75$ 4,375.00$ 10.00$ 5,000.00$ 7.00$ 3,500.00$ 5.00$ 2,500.00$ 25.00$ 12,500.00$ 8.50$ 4,250.00$ 2.0 Archontophoenix Alexandrae Palm, 16' O.A.EA 5 750.00$ 3,750.00$ 656.00$ 3,280.00$ 690.00$ 3,450.00$ 995.00$ 4,975.00$ 1,187.50$ 5,937.50$ 660.00$ 3,300.00$ 3.0 Myrcianthes Fragrans, Min. 2" Cal., 10' Ht., 4' Spread EA 5 15.00$ 75.00$ 340.00$ 1,700.00$ 777.40$ 3,887.00$ 65.00$ 325.00$ 468.75$ 2,343.75$ 303.00$ 1,515.00$ 4.0 Pinus Elliotti Densa, Min. 2" Cal., 10' Ht., 4' Spread EA 5 300.00$ 1,500.00$ 290.00$ 1,450.00$ 322.00$ 1,610.00$ 65.00$ 325.00$ 562.50$ 2,812.50$ 182.00$ 910.00$ 5.0 Chrysobalanus Icaco 'Red Tip', 3 gal., 24" Ht.EA 15 14.00$ 210.00$ 12.40$ 186.00$ 11.90$ 178.54$ 45.00$ 675.00$ 18.75$ 281.25$ 4.95$ 74.25$ 6.0 Muhlenbergia Capillaris, 1 gal.EA 20 8.00$ 160.00$ 7.60$ 152.00$ 5.64$ 112.70$ 50.00$ 1,000.00$ 150.00$ 3,000.00$ 3.85$ 77.00$ 7.0 Duplex 110V Power Outlet, Coduit & Wire EA 7 2,500.00$ 17,500.00$ 500.00$ 3,500.00$ 373.75$ 2,616.25$ 275.00$ 1,925.00$ 1,500.00$ 10,500.00$ 275.00$ 1,925.00$ 8.0 Four Port Data Outlet, Back Box and Conduit EA 7 1,200.00$ 8,400.00$ 2,000.00$ 14,000.00$ 1,121.25$ 7,848.75$ 500.00$ 3,500.00$ 2,000.00$ 14,000.00$ 275.00$ 1,925.00$ 35,970.00$ 29,268.00$ 23,203.24$ 15,225.00$ 51,375.00$ 13,976.25$ 9,254,056.00$ 9,328,469.60$ 9,800,291.64$ 10,027,445.00$ 11,653,778.53$ 8,912,957.25$ 5.0 OWNER'S ALLOWANCE*200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 9,454,056.00$ 9,528,469.60$ 10,000,291.64$ 10,227,445.00$ 11,853,778.53$ 9,112,957.25$ BID ALTERNATE ADD ALTERNATE NO. 1 UNIT QTY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL Muhly Grass (preserve boundry)1 GAL 1,300 8.00$ 10,400.00$ 7.60$ 9,880.00$ 5.25$ 6,819.74$ 6.00$ 7,800.00$ 20.00$ 20.00$ 2.75$ 3,575.00$ 9,464,456.00$ 9,538,349.60$ 10,007,111.38$ 10,235,245.00$ 11,853,798.53$ 9,116,532.25$ YES/NO YES/NO YES/NO YES/NO YES/NO YES/NO Yes Yes Yes Yes Yes *Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes *Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes *Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes *Minor Irregularity Opened by: Kristofer Lopez, Procurement Strategist Witnessed by: Juan Delgado, Procurement Strategist 23-8105 Fire and EMS Station #74 Waltbillig & Hood General Contractors, LLC Non-Responsive Form 2: Contractor's Key Personnel Assigned to the Proje Form 3: Material Manufacturers *Owner's Allowance is for Owner Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owner's Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. GENERAL REQUIREMENTS - TOTAL DESCRIPTION OF WORK BID TABULATION 4.0 FIELD LOCATED ITEMS BY ENGINEER Burke Construction Group, Inc.Rycon Construction, Inc. O-A-K/Florida Inc. dba Owen-Ames- Kimball Company Waypoint Contracting, Inc.DMR Construction Services, Inc Form 5: Statement of Experience of Bidder Form 6: Trench Safety Act Form 7: Bid Bond Form 8: Insurance and Bonding Requirements SITE WORK - TOTAL FIELD LOCATED ITEMS BY ENGINEER TOTAL DESCRIPTION OF WORK 4.0 FIELD LOCATED ITEMS BY ENGINEER TOTAL BASE BID PLUS ALLOWANCE Form 4: List of Major Subcontractors TOTAL BASE BID PLUS ALLOWANCE PLUS ALTERNATE TOTAL BASE BID BUILDING - TOTAL Vendor Check List Bid Schedule Form 1: Bid Response Form Form 9: Conflict of Interest Affidavit SunBiz W-9 Copy of Active FL General Contractor License Form 10: Vendor Declaration Statement Form 11: Immigration Affidavit Certification Form 12: Bidder's Checklist Addendums E-Verify Profile Page or MOU 11.C.c Packet Pg. 73 Attachment: 23-8105 Bid Tabulation (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") Notice of Recommended Award Solicitation: 23-8105 Title: Collier County Fire and EMS Station 74 Due Date and Time: May 30, 2023 @ 3:00 PM EST Respondents: Company Name City County State Total Bid Price Responsive/Responsible Rycon Construction, Inc. Fort Myers Lee FL $9,464,456.00 Yes/Yes Burke Construction Group, Inc. Doral Broward FL $9,538,349.60 Yes/Yes O-A-K/Florida Inc. dba Owen-Ames-Kimball Company Fort Myers Lee FL $10,007,111.38 Yes/Yes Waypoint Contracting, Inc. Naples Collier FL $10,235,245.00 Yes/Yes DMR Construction Services, Inc. Delray Beach Palm Beach FL $11,853,798.53 Yes/Yes Waltbillig & Hood General Contractors, LLC Naples Collier FL $9,116,532.25 No/Yes Utilized Local Vendor Preference: Yes No Recommended Vendor(s) For Award: On April 5, 2023, the Procurement Services Division issued Construction Invitation to Bid (ITB) No. 23-8105, Collier County Fire and EMS Station 74, to ten thousand four hundred and four (10,404) vendors. Two hundred and twenty-five (225) vendors viewed the bid package and the County received six (6) bids by the May 30, 2023, deadline. Staff reviewed the bids received and the County received five (5) responsive and responsible bids and one (1) non-responsive bid. Waltbillig & Hood General Contractors, LLC was deemed non-responsive based on unit costs and total costs variations. Staff determined that Rycon Construction, Inc. is the lowest responsive and responsible bidder. Staff recommends the contract to be awarded to Rycon Construction, Inc. the lowest responsive and responsible bidder, the total bid amount of $9,464,456.00. Contract Driven Purchase Order Driven Required Signatures Project Manager: Procurement Strategist: Procurement Services Director: __________________________________ _________________ Sandra Herrera Date DocuSign Envelope ID: ED18A7F1-0412-492A-97D2-8AB6EB1AC9B1 10/27/2023 10/27/2023 10/27/2023 11.C.d Packet Pg. 74 Attachment: 23-8105 NORA (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") October 26, 2023 Mr. Kristofer Lopez Procurement Strategist Collier County Procurement Services 3295 Tamiami Trail East, Bldg. C-2 Naples, FL 34112-4901 RE: Collier County Fire and EMS Station #74 Solicitation No. 23-8105 Commission No. 2021806 Dear Mr. Lopez: SCHENKELSHULTZ Architecture, as the Architect of Record (AOR) for the above referenced Project, has completed the bid analysis for the project as provided by the Collier County Procurement Services regarding Rycon Construction, Inc. for the above referenced Project. Bids were received May 30, 2023. There were five responsive bidders with Rycon Construction, Inc. submitting the low bid. The Station #74 Project consists of a newly constructed facility in the Golden Gate Estates area of Collier County. The proposed building is approximately 14,500 SF and will serve the Collier County EMS, with accommodations for potential County Fire Rescue Districts. The shared facility consists of five apparatus bays, twelve bunk rooms, seven rest rooms and associated day living spaces including a fitness room and screen porch enclosure. Also included as support areas for Fire Rescue Departments are a gear storage room and Decontamination area. The site is on the corner of Golden Gate Blvd. East and Desoto Blvd. South. The site is undeveloped and not served by public utilities. In addition to the associated site improvements for the building, there will be a potable well, fire well and septic system required. The Procurement Department has provided the following information for the Architect’s review: A Bid Tabulation Form A Rycon Bid Package, including Bid Schedule and support documents A Bid Bond Form A Delora Vendor Reference Check Log Procurement Services has conducted their pre-review of the submitted information and have verified compliance with the Bid requirements through their Vendor Check List. Procurement has also verified that Rycon holds an updated Certified General Contractor License. SCHENKELSHULTZ has completed its review of the documents and has found no apparent irregularities. Therefore, Rycon Construction, Inc. is deemed responsive to the bid requirements with a total bid amount of $9,464,456.00. The Rycon bid is approximately 6% lower than the Architect’s Opinion of Probable Construction Cost (OPC) of $10,026,295.00. Rycon Construction, Inc. had submitted five Project References on Form 5, Statement of Experience of Bidder from the Bid Response Form. All projects were completed prior to the five year limitation stated 11.C.e Packet Pg. 75 Attachment: 23-8105 DELORA (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") 11.C.e Packet Pg. 76 Attachment: 23-8105 DELORA (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") 11.C.e Packet Pg. 77 Attachment: 23-8105 DELORA (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") 11.C.e Packet Pg. 78 Attachment: 23-8105 DELORA (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") 11.C.e Packet Pg. 79 Attachment: 23-8105 DELORA (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") 11.C.g Packet Pg. 80 Attachment: GNFD Support Letter - Station 74 (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") 11.C.g Packet Pg. 81 Attachment: GNFD Support Letter - Station 74 (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 74") ________________________________________________________________________________________________ NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT 1885 Veterans Park Drive Naples, FL 34109 (239) 597-3222 northcollierfire.com FIRE CHIEF ELOY RICARDO BOARD OF FIRE COMMISSIONERS M. James Burke James A. Calamari Christopher Crossan Norman E. Feder J. Christopher Lombardo December 27, 2023 Director Michael Choate Office of the County Manager, Collier County 8075 Lely Cultural Parkway Naples, FL 34113 Dear Director Choate, As we continue to serve our community here at North Collier Fire Control and Rescue District, it is essential that we remain proactive and forward-thinking in our approach to providing the best possible services to our residents. I want to emphasize the critical importance of planning for fire station construction to accommodate both current and future growth in our district. With the steady increase in population and development, it is evident that we need to expand our infrastructure to meet the growing demands for fire and rescue services. To achieve this goal effectively and efficiently, I strongly believe in the value of working jointly with our regional partners. Collaboration with neighboring fire departments, emergency services, and local authorities is key to maximizing the resources available to us and ensuring the safety and well-being of our community. Here are a few reasons why this collaborative effort is essential: 1. Cost Efficiency: Pooling resources with our regional partners can help reduce construction costs, enabling us to stretch our budget further and make the most of available funds. 2. Improved Response Times: Strategically locating new fire stations in coordination with neighboring departments can lead to better coverage and quicker response times, ultimately saving lives and property. 3. Enhanced Training and Equipment Sharing: Collaborating with other agencies allows us to share training facilities, equipment, and expertise, making us better prepared for various emergencies. 4. Unified Approach: A joint effort demonstrates a commitment to the safety and well-being of our entire region, reinforcing trust and cooperation among all stakeholders. 11.C.h Packet Pg. 82 Attachment: North Collier Fire Control and Rescue District Letter - Station 74 (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station December 27, 2023 Page 2 Together, we can ensure that our fire station construction projects align with the needs of our growing community and that we provide the greatest possible value to the public we are dedicated to serving. I am confident that by working collaboratively, we will achieve outstanding results and continue to be a beacon of safety and excellence in Collier County. Per our discussions, we see the value of the proposed Station on Desoto known as Station 74, the current demand increase and future growth of eastern Collier County must be provided the safety infrastructure that we have enjoyed and provided throughout western Collier County. This Station shall be home to Greater Naples Fire Rescue, Collier County EMS and in time may even host a rescue unit from North Collier Fire Rescue due to the forecasted future development in the area. As you know, North Collier Fire Rescue is currently planning future station projects and because of our joint planning discussions we will be building facilities that include the ability to include Collier County Sheriff’s Office, Collier County and any regional partner that fits the strategic unified approach. I would like to thank the steadfast leadership of my Fire Commissioners because they have been constant with the direction to be inclusive and find solutions jointly that can provide the best level of safety to the public we are entrusted to serve. I also need to address the commitment from our County Manager Amy Patterson. She has assembled a team that crosses jurisdictional boundaries and I am proud to be on that team; this unified approach of collaboration provides the best approach to what the future holds for Collier County. This vision aligns with our organizational values and I am excited about our future and committed to the safety and well- being of our residents and visitors of Collier County. Thank you for your dedication and commitment to our mission. Let's move forward with a shared vision and a unified spirit. Best regards, Eloy Ricardo, Fire Chief 11.C.h Packet Pg. 83 Attachment: North Collier Fire Control and Rescue District Letter - Station 74 (26888 : Award ITB 23-8105, “Collier County Fire and EMS Station 1 Facilities Management Division Exceeding Expectations, Every Day! 1 Recommendation to award ITB No.23-8105, “Collier County Fire and EMS Station 74,” to Rycon Construction, Inc., in the amount of $9,464,456 authorize the Chairman to sign the attached Agreement and authorize the necessary budget amendments. Facilities Management Division January 09, 2024 Agenda Item 26888 Collier County | Florida 11.C.k Packet Pg. 84 Attachment: Presentation - Recommendation to Award ITB No. 23-8105 v1 (26888 : Award ITB 23-8105, 2 Facilities Management Division Exceeding Expectations, Every Day! To construct an EMS and Fire Station serving the expanding needs of Golden Gate Estates and Ea stern Collier County in collaboration with EMS and Fire District partners. Collier County Fire and EMS Station 74 Objective 11.C.k Packet Pg. 85 Attachment: Presentation - Recommendation to Award ITB No. 23-8105 v1 (26888 : Award ITB 23-8105, 3 Facilities Management Division Exceeding Expectations, Every Day! Project Site Location: Collier County Fire and EMS Station 74 Considerations 11.C.k Packet Pg. 86 Attachment: Presentation - Recommendation to Award ITB No. 23-8105 v1 (26888 : Award ITB 23-8105, 4 Facilities Management Division Exceeding Expectations, Every Day! Area is experiencing: •Significant growth -To wn of Big Cypress will have 8,350 homes and 880 affordable housing units when completed •A 20%average increase in call volume over the past year •Continued growth of GG Estates (10%/5yrs) Station will: •Serve as a forward command for brush fire field operations (This area has experienced several large brush fires in the past 5-7 years) •Improve response times for Fire and EMS in the area (Closest existing station is 12 miles away with response time greater than 12 minutes) •Provide space for relocated coastal units during storms •Decrease insurance rates for nearby citizens Collier County Fire and EMS Station 74 Considerations 11.C.k Packet Pg. 87 Attachment: Presentation - Recommendation to Award ITB No. 23-8105 v1 (26888 : Award ITB 23-8105, 5 Facilities Management Division Exceeding Expectations, Every Day! Collier County Fire and EMS Station 74 Design Features: o This shared facility will consist of five apparatus bays, twelve bunk rooms and associated living spaces including a fitness room and a screened porch enclosure. o Included will be support areas including a gear room, a decontamination area and a fueling station. Considerations 11.C.k Packet Pg. 88 Attachment: Presentation - Recommendation to Award ITB No. 23-8105 v1 (26888 : Award ITB 23-8105, 6 Facilities Management Division Exceeding Expectations, Every Day! Collier County Fire and EMS Station 74 Design Features: o As the site is undeveloped and not served by public utilities, a potable well, fire well and septic system is included. o Additionally, a small communications tower will provide the needed enhancement to ra dio and cellular communications. Considerations 11.C.k Packet Pg. 89 Attachment: Presentation - Recommendation to Award ITB No. 23-8105 v1 (26888 : Award ITB 23-8105, 7 Facilities Management Division Exceeding Expectations, Every Day! Collier County Fire and EMS Station 74 •Staff fo und 5 out of the 6 bidders to be responsive and responsible, and Rycon Construction, Inc., to be the lowest responsive and responsible bidder. •Staff and engineering consultant, SCHENKELSHULTZ Architecture determined the low bid to be fair and reasonable (6% lower than OPC) and recommends awarding the contract to Rycon Construction, Inc. Bid Responses Company Name City County ST Bid Amount Responsive/ Responsible Ry con Construction, Inc.Fort Myers Lee FL $9,464,456.00 Ye s/Yes Burke Construction Group, Inc.Doral Broward FL $9,538,349.60 Ye s/Yes O-A-K/Florida Inc. dba Owen- Ames-Kimball Company Fort Myers Lee FL $10,007,111.38 Ye s/Yes Wa ypoint Contracting Inc.Naples Collier FL $10,235,245.00 Ye s/Yes DMR Construction Services, Inc Delray Beach Palm Beach FL $11,853,798.53 Ye s/Yes Wa ltbillig & Hood General Contractors, LLC Naples Collier FL $9,11 6,532.25 No/Ye s 11.C.k Packet Pg. 90 Attachment: Presentation - Recommendation to Award ITB No. 23-8105 v1 (26888 : Award ITB 23-8105, 8 Facilities Management Division Exceeding Expectations, Every Day! Collier County Fire and EMS Station 74 •Surtax program funded project •Budget amendments are necessary to realign funding to the project •Briefing on BCC direction to the Surtax Oversight Committee at the next scheduled meeting Fiscal Impact Budget AmendmentsAmountItem 10,766,159.00FireandEMS74TotalEstimatedProjectCost 2,500,000.00FireandEMS74-Surtax Va lidated on 09/02/2020 2,390,681.18FireandEMS74-Surtax Va lidated on 09/07/2022 From 55213 to 55212997,625.67NorthNaplesEMS–To be Revalidated From 55211 to 552122,222,200.00HeritageBayEMS–To be Revalidated To allocate to 552122,655,652.15FireandEMS74–To be Va lidated 11.C.k Packet Pg. 91 Attachment: Presentation - Recommendation to Award ITB No. 23-8105 v1 (26888 : Award ITB 23-8105, 9 Facilities Management Division Exceeding Expectations, Every Day! Collier County Fire and EMS Station 74 Recommendation to award ITB No.23-8105, “Collier County Fire and EMS Station 74,” to Rycon Construction, Inc., in the amount of $9,464,456 authorize the Chairman to sign the attached Agreement and authorize the necessary budget amendments. Recommendation 11.C.k Packet Pg. 92 Attachment: Presentation - Recommendation to Award ITB No. 23-8105 v1 (26888 : Award ITB 23-8105, CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COV NTY, FLORIDA, ("Owner") hereby contracts with Rycon Construction, Ina., ("Contractor") of 250t Smallman Street, Suite t 00, Pittsburgh, PA t5222, a Foralgn Profit Corporetlon, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "Collier County Ftre and EMS Station 74", Invitation to Bid No. 23-8705 ("Project"), as saitl Work is sat forth in the Plans and Specifications prepared by Schankel 8 Shultz, Inc., the Engineer antl/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein s¢t forth, agr¢e as follows: Section t. 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 tluly ¢x¢cut¢tl and issued addenda, Change Orders, Work Directive Chang¢s, Fieltl Ordera and amendments relating thereto. All of the foregoing Contract Documents era Incorporated by reference and mad¢ 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 Docu mants shall be maintained by Contractor at the Project site at all. times during the partormanca of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of eats of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scooe 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 dilig¢ntly, timely, and fully perform and complete (n a good and workmanlike mann¢r the Work required by The Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agr¢ement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to ba paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Nina Million Four Hundred Sixty -Four Thousand Four Hu ndrad Fifty -Six Dollars Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, In the form prescribed in Exhibit B-t and B-2, in the amount of t00% of the Contract Amount, the costs of which are to be paid by Contractor. Tha Pertormanca and Payment Bonds shall be underwritten by a surety authorized to do business In the States of Florida and otherwise acceptable to Owner; provitled, However, the surety shall meet the requirements of the Department of the Treasury Fiscal Sarvica, "Companies Holding Certificates of Authority as Acceptable Sureties on F¢deral Bonds and as Acceptable Rainsumnce Companies' circular. This circular may ba accessed via the web at https://flscal.treasurv.aov(suraty-bonds/list-cecSif €d.-comoan'es.html. Should the t Consbucllon Services Agreement [2023_var.2] CAO Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the su raty 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 req uiremants 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 ba subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Pertormance. Times is of the essence in the pertormanca of the Work under this Agreement. The "Commencement Data" shall ba 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 partormed at the Project site prior to the Commencement Dete. Any Work pertormed by Contractor prior to the Commencement Data shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within four hundred and fifty-five (455) calendar days from the Commencement Data (herein "Contract Time"). The data of Substantial Completion of the Work (or dasi9 Hated portions thereof) is the data 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 achlave Final Completion within 60 (sixty) 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 iha 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 avant, the total amount of Owner's damages, will ba difficult, if not impossible, to definitely ascertain end 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, Thrace Thousand Throe Hundred and Fives Dollars ($3,305.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the avant Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also ba entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achlave Final Completion. Tha Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professionap 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 characteAze [he 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 Construc[lon aervlcas Agreamanl [2023_var.2l CAO or Sunday or on a day made a Iagai 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. Tha 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 eMensions. 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 continua 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 iiq uidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may ba owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #23-8t05 "Collier County Fire and EMS Station 74". Exhibit A -'I: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendu ms Exhibit A-3: Contractor's List of Kay Personnel Exhibit B-1 : Payment Bond Forms � Not Applicable Exhibit B-2: Performance Bond Forms 0 Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release end Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Conatmcllon ServICBs Agreement [2023_Vac21 C;AO Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions ®Applicable � Not Applicable The following documents are expressly agreed to be Incorporated by referent¢ and made a part of this Agreement for Solicitation #23-BIOS "Collier County Fires and EMS Station 74". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: htt �// b'd /bitl - /, which the parties agree compris¢ the final Integrated agreement executed by the parties. Sections corresponding to any chack¢d box (®) expressly apply to th¢ terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ®Exhibit K: Permits ®Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: Schenlcal 8 Shultz, Inc. ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall ba deemed duly served if delivered by U.S. Meil, E-mail or Facsimile, addreased to the following: Collier County Board of County Commissioners, FL c/o Facilities Management Division 3335 Tamiami Trail East Naples, Florida 34172 Attn: Olivier Sursau, Project Manager 111 Phone: (239) 252-836t EmaiP OI' S is If tvfl v B. All noticea required or made pursuant to this Agreement by Owner to Contractor shall ba made In writing and shall b¢ deemed duly served if delivered by V.S. Mail, E-mail or Facsimile, addressed to the following: Rycon Construction, Inc. 77215 Metro Parkway, Suites 2 Fort Myers, FL 75122 Attn: Matt Mastrofmncesco, VP of Construction Phone: (239) 365-2700 Email: Mmastroi�rvconinc tom C. Either party may change its above noted add r¢ss by giving written notice to the other party in accordance with the requir¢ments of this Section. a Conatructbn 3ervlcea AgraamanF [2023_var.2j CAO Section B. PUBLIC ENTITY CRIMES. 13.1 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 bean 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 partorm work as a contractor, su ppli¢r, 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 b¢ bound by it. Section 10. Successors and Asalans. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of [ha successors and assigns of the parties to the Agreement. Section 11. Governino Law_ Tha Agreement shall ba interpreted under and its partormanca 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 Lima any one or more of the provisions of the Agreement shall not ba 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. E fire 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, end no other agreement or understanding of any nature concerning the same has been entered into or will ba recognized, and that all negotiations, acts, work partormed, or payments made prior to the execution hereof shall be deemed merged In, integrated and superseded by the Agreement. Section 14. Severabil itv. Should any provision of the Agreement ba determined by a court to be unanforceabls, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 ConstrucOon Services AB�oem®nl [2023_ver.2i CAO 3¢ction 15. Chanoa Order Authorization Tha Project Manager shall have the authority on behalf of the Owner to exeeufa all Change Ortlers and Work Directive Changes to the Agreement to the extent provided for under th¢ Owner's procurement ordinance and policies and accompanying adminlstretiva procedures. Section 76. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortlus contra proferentum" (Pursuant to which ambiguities in a contractual term which appears on i[s face to have been inserted for the benefit of one of the parties shall be construed against the benafltad party) shall not ba applied to the construction of this Agreement. Section 17. Order of Pr¢cedanc¢ In the avant of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, If any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Remainder of page intentionally left blank e GonsVud�an SeMcas Hgraemenl [2023_ver.2] CAO IN WITNESS WHEREOF, the parties nave executed this Agreement on lne dales) indicated below. Tj,/VO WITNES�S:/� 1(iST WITNE� � ���_-_� COND WITNE38 �¢� G�.�1-cs Y Print Nema ATTEST: Crystal K. Klnzal, Clerk of Courts & Comptroller (� Dale: Approved as to Fortn and Legality: County Attorney Print Nama CONTRACTOR: Rycon Construction, Inc. BY: ��a � �d Print Name and l'Ille oats: �� � OWNER: BOARD OF COVNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY; Rick LOCaslro, Chairman Data: cenanoonon sorncoa nn.00,nonr. Izoza_vorzl O EXHIBIT A-'1- CONTRACTOR'S BIO SCHEDULE IFOLLOWlNG TH13 PAGE) e COnatmCllon SarvICB6 Agr¢¢manf. [2023_vaf.2] LAU 23b108 Flxa antl EMS Htatltrn tlT6 99 Desob Blvtl - Golean Gele Eslatea - Napl¢s. FL 39120 HID HONED V LE Blaeer: n consfrnmon, mc. D ESCRIFTION OF WORK VNIT QTY CO3T TOTAL 1.0 GENERAL REQUIREMENTS 1.1 General Condltlpns 1.2 Material TesUn6 1.3 NPOES MonlbNng and Maintenance 2.0 SITE WORK-Oo¢Yments prePaxee by Oallsl Fltxgeeald 2.1 Moblllxatlon 23 Prajec[ 3lgnaee and Marking 2.3 Cleadn8. Select Preserve Clearing. Gmbbin8 Fi Grading 2.9 31te V tllltles - Eleq W¢Ily 3ept14 FBB Pump, Storm Water 2.3 Pavine and sltlewalks 2.6 Landccaping ane brlgatlan 2O Main[¢nance of Traffic for OrNewaV Epns[mction In eOw 2.8 Fuel Tank, Plping. Foundatloq Electtlul 2.9 A a Tower 2.10 Surveying -Stake Ou[ and As-Bullts 2.11 Genemtoq Faundatlpq Plping. Tramfer 3wltcM1 B.O BVILDING -Documents pxepexee by 6cM1enke156ultx, BBM and Burgess Burnt DIV 3.0 Concete p1V9.0 Masonry 5.1 MISCellaneou53teel Framing V 5.2 Steal RootTrusses and Decking DIV 6.1 ough Carpentry DIV 6.2 Mlllwark DIV J.1 Insulation DIV T.2 0.aofln8 DIV ].3 Weather eerrler DIV J.9 Mlxcellaneous Tbervnal end Ma15Kve Pmtectlon Dlv e.a 000.a, stomfronl Ha.dwam, wmeows, LOuvem DIV 9.3 Me<al Fxaming and Drywall DIV 9.2 Floating, Walls antl Callings DIV 1D gpeclaltles OIV 11 Equipment DIV 12 Fwnlstlines v 21 Flre Suppression DIV 22 Plumbing DIv23 HVAC 26 Electticel DIV 2J Communitotlons and Tecbnolagy DIV 28 Safety and 5ecuel[y/Fire Alarm VNIT QTY COST TOTAL L3 3 $ 6B2 ]50.00 $ 682 J$O.00 Ls 1 5 zz,00O.Do 5 22000.00 t3 S 5.000.00 $ 6,000.VO GENERAL REgUIREMENT3-TOTAL VNIT OTV CO3T TOTAL L3 1 $ 200.000.00 $ MO.000.00 LS $ 8$00.00 $ 8 500.00 L5 $ 6T3.000.00 $ 6>5 000.00 L6 1 $ ]33902.00 $ T13pO2.0O L$ 1 $ 293 000.00 $ 293.000.00 L3 1 $ 202.606.00 $ 302,6O B.00 L3 $ 6p00.00 $ 3 0.00 L3 $ 22,SOO.00 $ 22300.OD LS 1 $ 56300.00 $ 36.300.00 1$ 1 $ 33D 931.00 $ 350911.00 L5 $ 260,000.OD $ 260.00D.00 SITE WORK- OTAL 2,Jg9.323.00 VNIT OTY CO3T L3 1 $ 380,OD0.00 $ 380000.00 L3 $ 333.000.00 $ 33500000 t5 $ 53,500.00 $ $3.300.00 t5 $ 950,000.00 $ 950.000.00 L3 $ 1J,600.00 $ IJ,600.00 L3 1 $ 2300J3.00 $ 230.OJ3.00 L3 1 $ 33 000.00 S 36.000.00 IS 1 $ 350000.00 $ 330,000.00 Lg 1 $ 13 OOD.00 $ 15 000.00 Ls 1 $ 1J.300.00 1J 300.00 t5 1 $ 610 000.00 $ 630,000.00 t5 $ 29J,000.00 $ 29J.000.W LS 1 $ 630,900.00 $ 610.900.00 LS 1 $ 96 JOO.00 $ 96.T00.00 LS 3 $ 126 600.00 $ 126.600.00 L$ 1 $ 96800.00 $ 96,g00.00 L$ 1 $ 83.]00.00 $ 85 JOO.00 L9 S 300.900.OD $ 300900.00 L3 $ 308.890.00 $ SOS.g90.0O LS 1 $ 943.000.00 $ 996.000.00 LS $ 2J.500.00 $ 2T$00.00 L3 1 $ 130.000.00 $ 110.000.00 BVILOING-TOTAL $ $.J39,11E.00 ^ DESCRIPTION OF WORK UNIT QTY UNIT PRICE TOTAL Concrete zldewalk/e ul merit padz, 4" SM1lckness SF 600 $ 8J5 $ 4 3]6.00 2.0 A¢honmphoenix Alesanefae Palm, l6' O.A. EA $ >30.OD $ 3 J50.00 3.0 M r nthe5 Fra r s. MIn. 2" Cal.. 1D' HC. 9' 3 r0ae EA s $ 15.OD $ J6.00 9.0 Plnusl Elllottl DenSa nMln. S' CaL, l0' HC. 9• Spread EA 3 $ 300.00 $ 600.OD CAO s.D cb Dbalanp%ma=p •Rea n •, 3 m. zm• NL. EA 3s 5 aa.o0 $ uo.aD 6.0 J.O Muhlenbet Ia Caplllarl5 1 1. Ou 1ex 11W Powet OUVep CoaultA Wlte EA z0 $ 6.00 $ 2,SOO.00 $ 160.00 $ 19.600.00 ntlu t T $ 1.200.00 $ 8.90D.00 3.0 OWNER'6 ALLO WANCEe BIO ALTEgNATE ALTERNATE NO. 3 ADMvtJy Gcass (pm%erve bountlry� FIELD LOCATED ITEMS BY ENGINEE0. TOTAL TOTAL BA6E BIO 9r159,056.00 20D,000.OD TOTAL BASE BIO PWSALLOWANCE V NIT OTY VNIT PRICE TOTAL 1 GAL 1,300 $ 8.00 $ 10A00.00 TOTAL OASE BID PLVS ALLAWANCE PLVS ALTERNATE $ 9.964.4%6.00 ' Allow wsfot Ow •Vicea O ta4.TM5 own a onWa 's ^b [i am SM1 work tlue nPot na ananr wO �enceY a wn utea 1 afS ke Allanc as maoe(Ihe a en tee 5 w ra a mane ct twill be n xw o n eedla ftbes Expendltir nofOwneY Ilnw w wpl bea Ilno • Octlerta e�tlocu toi ilm nd MaferlY potppotV e Ventlan Chaek llaL YES/NO zche4ule VES VE6 nel Asuaned to the YE6 teclal Manufec[ure s YE3 svbconna=m6 VES oI enperlence os 61tlEas YES sa(n w VES ona VES and Bontllne It a YES ncof IntercstATdearz YES CVendoc DeWmOnn statement YES e/abon AfgtleNt CertVlcsalon YE$ Nmer%meckn.a ves VE3 e�lt2w Ie Pa a VES YES YE6 E$ enpy a( wdlva R General eonFaceot License LA� EXHIBIT A-2� CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGEI 9 Canstmcllon Sarv�cea AB�eamenl: [2023_ve�.2] Cp�O Email matthew.catoe n�colliercountytl.gov �.p ^BY L.J� N.�!` Telephone: (239) 252-6098 Procurement SaMcea Division Addendum #I pate: April G, 2023 From: Matthew Catoe, Procurement Strategist To: Interested Bidders SnbjecL Addendum # 1 Solicitation #23-81 OS -Collier County Fire and EMS Station 94 The Following clarifications are issued as an addendum: Chang¢ 1. pre -Bid meeting lime rescheduled ns follows: Pre-BiA Meeting Time: April 17, 2023 s[ ' ^-��^ ^z,---April 19, 2023 at 11:00 AM ifyou require additional in Formation. please post a question on ovr Bid Sync C b'd com) bidding plat Form UndCY Lbe 501iCiLflllOn IOr IhiS p1'OJ¢CC. PI¢nse sign below and return a copy of tit is Add¢n<Inm with your snb mittN for the above ref¢�ren/ncc solicitntfun. -1 � �/ !�� J�/ZZ/L.J Date �� Email: matthew.cotoe�rJ�coll iercoimtyD.gov �`B �.Oa^�LiHiy Telephone: (2J9) 252-G098 Prowrement Servitors OMalon Atlalendnm #2 Dxte: Mxy 2, 2023 From: Mnllhcw Cntoe, Procuromenl Strategist To: Interested Bitlders Subject: Addendum #2 Solici [ation #23-8105 -Collier County Fire mvtl GMS Station ')4 The following clarificxttions areissued as an addendum: Change 1. Revised 23-8105 Exhibit ]Specs — 1.0 —A: Warranty AAtlf tion: Warranty: High cycle 1 ife hai'dwara warranty on all commercial applications; ineludl ng track hardware, Iveavy-duly stainless -steel hinges, stahnless steel sealed roller, high cycle galvanized springs (as applitmble by manufacturer), and high mnsile aluminum alloy Name reps. Provide the stantlard M f f '1 d d h h d ts. Change 2. Aayised 23-81 OS Exhibit ]Specs — 1.'] — B: Special Finish Warranty Addition: B. Spacial Finish Wartavty, Factory -Applied Finishes: 2. Wan�nnty Period:-}Oyrears i3L f �om dote of Substantial Completion. Change 3. Reyisetl 23-81 OS Exhibit I Specc — L9 — Wansnty Atldl[ton: G P 'd t f t f i• 1 door ooerators CLvngc 4. R¢visa<123-8105 Solicitation —Liquidated Damages Addition: Owner shall be entitled to assess, as liquidated damages, but not as u penalty, ....�.— __...._., ..._., _:_......: _. ie� �« ...,. a,,.,.„ ♦he,uenud nxe¢ hundred and five ($3 305 00) 1 ll � for each calendar clay iherea Rar until Svbstanti al Completion is Uomunent Addition: 23-8105 S i' 't lion 'ev Doc mnent Deleted: �_ _.__ _-_' - IF you require additional information, pleas¢ post a question on oor Bid Sync ( b'tl )bidding platform under the solicitation f r this project. Please sign below nntl return n copy of this Addendum with yom-sob mittal for the above refe r¢nced solicitation. -�1/J � 5/22/23 ,... __ __.._ Date r 11 \\ i /a Mtn �'�yl`-��'C-1 >(�t'\ (�i'1 �_a(\C' (Name of innJ CAO � µ Enrail: Kristofer-lopez�colliercoturty O.gov 26Y LO-N.H'C� Telephone: C239J 252-6098 Procurement SaMcas DMsbn A<lilendum #3 Date: May 17, 2023 From: Krislofer Lopez, Procurement Strategist To: Interested Bitlders SabJect: Addendum #3 Solicitation #23-8105 -Collier County Fire and EMS Station 74 The following cla.•itica[ions arc issued as an addendum: CHANGES "CO THE SPECIFICATIONS ITEM NO. 1 : SECTION OS 77 00 —Door Hardware A. Replace the Section with Section O8 71 00 attached hereto. C}�IANGES TO THE DRAWINGS ITEM NO. 2: SHEET GO00 —Cover Sheet A. Refer to the Electrical Sheet Index, Sheet Title. Replace "Varies" with the Sheet Titles at the following Drawing Sheet Numbers: E001 —Electrical Notes, Legends, and Details. E302 —Power Riser Diagravr and EPSS Specifications. B. Refer to the Fire Alarm Sheet Index, Sheet Title. Replace "Varies" with the Sheet Title at the following Drttwing Sheet Number: FA 1 O7 —fire Alarm Site Plan and Riser Diagram. C. Refer to the Mechanical Sheet Index. Delete Drawing Sheet M202- ITEM NO. 3: SHEET G20] —Partition Types A. Add the following to the Insulation Schedule: FOAMED -IN -PLACE AT ALL EXTERIOR MASONRY WALLS —INSULATION REFER TO THE SPECIFICATIONS ITEM NO. 4: SI-IFFY A161 —Finish Plan and Finish Schedule A. I2eFer to Lira Pnint Schedule. A<Id "Lanai O-L Ceilings" to Hre PTL-5 Remarks 1"I'EM NO. 5: SHEET A 171 —Equipment Plan A. Revise "E-26" to "E-27" at Vestibule 106. ITEM NO. 6: SHEET A252 — hr[erior Elevations—Rcstroonrs A. Delete the shower rod and curtain shown in the interim elevations, except for Details L3, CAO Schematic Detail. Detail moved to Sheet C5.2. C. Sheet C5.2 —Details I. Added Drawing Sheet. 2. Potable Wellhead Schematic Detail moved to the sheet. 3. Added EMS Fire Wellhead Cross Section Detail. ITEM NO. 14: SHEET AS002 - Arohitechiml Si[e Det¢ils A. Refer to the Antenna Tower Speclflcatlon. 1. Revise TIA/EIA reference from "ANSI TIA/EIA-222-G" to "ANSI TIA/EIA- 222-H" throughout the specification. 2. Revise the Tower Model from "RTOSOM" to "RTLO50 M". 3. Add the following to Paragraph 2.4: "Design sh¢II be for 50 sq. ft. EPA at the top of the tower" 4. Revise Paragraph 2.5 as follows: "Design wind speed shall be 168 MPH." ATTACHMENTS: Door Hardware —Specification Section O8 71 DO Plumbing Fixture Schedule — Shae[ POOI Plumbing Notes and Schedules Drawing Sheet A401 — E:nlarged Floor Pluns DRMP Drawing Sheet G'3.0 —Utility Site Plan DRMP Drawing Shee[ C5.1 — Details DAMP Drawing Sheet C5.2 Details F.ND OF ADDENDUM 3 Ifyon require additional information, please post ¢question on our BiA Sync fwww.bidsvnc.com) bidAing platform under the solicitation Pm� [his project. Please sign beimv snd return n copy of this Addendum with your submittal for the nbave referenced solicitation. _ /'lam) a � � �2 Z�23 (8igna ve) D¢te '�Y1V<`C�YI C"71'�f'rUG�[C?I�l L�tr'. (Name of Fin ) CAO available for consulta[lon [o the architect, owner and [he 9enarel contractor at reasonable Limes during the course of work. B. Tha Flnlsh hardware auppliar shall prepare and submit to [he architect six (0) coplea of a complete schedule idantiying each door and each sat numDar, following the numbering system and not creating any separate system himself. He shall submit the schetlula for review, maKe corrections as tlirected and resubmit the corrected sehadu le for final approval. Approval of schedule will not reileve Contractor of the responsibility for furnishing all necessary hardware, including the responsibility for furnishing correct quantities. C. No manufacturing orders shall be placed until detailed schetl ule has bean submi[tatl [o [he architect and written approval received. O. After hardware achetlule hae been approved, furnish templates required by manufacturing contractors for making proper provisions In their work for accurate fitting, finishing hardware setting. Furnish templates in ample time to facilitate progress of work. E. Hardware supPliar shall have an ofFlca and warehouse faclli[las to acwmmotleta the matarlals used on this project. The supplier must ba an authorizetl tlislribulor of the products specified. F. The hartlwara manWactures are to supply both a pre -installation class as well as a post- {bstallafion walk-thN. This Is to Insure proper installa[lon and provPoe for any edJ uslmenta or replacements of hardware as requlretl. 'I .Ob OEIiVERY. STORAGE, AND HANDLING A. Wrap, protect fnishin9 hardware items for shipment. Deliver to manufacturing contractors hardware items required by them for their application; deliver balance of hardware to job; store In designated location. Each item shall ba claary marked wiFh its intended location. ri .OB WARRANTY A. The material furnished shall be wananted for one year after installation or longer as the Intlividual manufacturer's warranty permits. B. Overhead door closers shall be warrantetl in writing, by [ha manufacturer, against failure due to defective matarlals and workmanship for a periotl of ten (9 O) years commencing on the Oe[e of Final Completion and Acceptance, and in the avant of failure. the manufacture is to promptly repair or replace the defective with no additional cost to the Owner. CAO 2.05 LOCKSETS: A. Locksats shall be Heavy Duty Cylintlrlcel type, unless specified otherwise, in "N D" series, lever design es manufacturetl by Schlaga Lock. t. Accaptabla substitutions: A. None 2.06 EXIT DEVICES: A. All tlevlces shall be Von Duprin 98 3erles In types antl functions specified. All devices must be listed under "Panic Hardware" in accident equipment list of Underwriters Labora[otles. All labeled doors with "Fire Exit Hardware" must have labels attached and be in strict accordance with Untlerwritara Laboratories. B. All exit tlevices shall be tested to ANSI/BHMA At 56.3 test requirements by a BHMA certifietl testing laboratory. C. All surtace strikes shall be roller type antl come complete with a plate underneath to prevent movement And shall be provldetl with a tlead-latching feature to prevent lalchbolt tempering. �. Acceptable So bsti[utions: A. Par Approved 2.OJ DOOR CLOSERS: A. All closers shall be LCN 4000 series with slim cover having non-ferrous covers, atael arms separate valves for adjusting backcheck, closing and latching cycles and adjustable spring to provide up to 50°h Increase in spring Power. Closers shall be furnishetl with parallel arm mounted on all doors opening Into corridors or other public spaces and shall be mounted [o parmlt 280 degrees door awing wherever well wntlitions permit Furnish with non -hold open arms unless otherwise intllcetetl. B. Door closer cylintlers shall be of high strength cast construction to provide low wear oporatin9 capabilities of Internal parts throughout the life of the Installation. All door closers shall be leafed to ANSI/BHMA A156 4 test requirements by a BHMA cerHged [eating laboratory. C. Door closers shall u[Ilize temperature stable fluid capable of with standing [emparaty re ranges of 220 degrees Fahrenheit to -30 degrees Fahrenheit, without requiring seasonal etl}ustmant of closer speed to properly close the door. Closers for flra-ratetl tloors shall be provitled with temperature stabilizing Fluftl that complies with the standards UBC 74 (f 997) end UL tOC. D. Door closers shall Incorporate tamper raslstan[ non -critical screw valves of V-slot design to reduce possible clogging from particles within the closer. Closers shall have separate end intlapendent screw valve atljustmanta for latch speed, general speed. and hydraulic backcheck. Backcheck shall be properly iocatad so es fo effectively slow [he awing of the door at a minimum of 20 degrees In advance of the tleatl stop location [o protect the door frame antl hardware from damage. Pressure relief valves (PRV) are not acceptable. t. Accaptabla Substitutions: A. Per Approvetl CAO 3.04 KEY CABINET: A. Sel up antl Index one (1) Kay Cabinet Fha[ allows room for expanaion for 150 h of the number of keys for the proJact. 3.05 HARDWARE SCHE�IJLE: A. Tha following achedula is furnished for whatever esslstance ik may effortl the contractor; do not consitlar it as entirely inclusive. Should any particular tloor or item be omltleq In any scheduled hartlwara group, provide tloor or Item with hardware same es required for similar purposes. Quantities listed are for each pair of doors: or for each single tloor. B. This hardware schedule preparetl by. Allagion, PLC 3951 Tachnologicel Ave, Suite � Orlando FL 32817 Ph: 409-5]1-2000 Fax 407-671-2005 CAO Hardware Grocp No. 01 For use on Door #(s): Provide each PR doors) with the following: QT DESCRIPTION CATALOG NVMBER ITEMI FINIS MFR y O H 6 EA HINGE 6BB1 4.6 X4.6 NRP L 630 IVE 1 EA POWER TRANSFER EPTtO CON Lki 669 VON 1 EA EXIT DEVICE EX76 CVR 630 ADA 1 EA EXIT DEVICE EX�B CVR Electric Trim N 630 ADA 1 EA RIM CYLINDER 20-05T ICX 15 626 SCH t EA PRIMUS CORE 20-740-XP L� 626 SCH 2 EA SV RFACE CLOSER 4040XP SC VSH IFY 689 LCN 1 EA THRESHOLD B6A-223 � A ZER 2 EA WIRE HARNESS CON-32 N SCH OPENING TO COMPLY WITH FBC LEVEL E CARD READER AND POWER SV PPLY BY DIV.26 SECURITY SV B TO RELEASE ELECTRIC EXIT DEVICE TRIM FOR ACCESS SECURITY SUB TO COORDINATE WITH HARDWARE SUPPLIER BALANCE OF HARDWARE BY ALUM SUPPLIER Herdwsre Group No. 02 For use on Door #(s): Provide each SGL doors) with the following: OT DESCRIPTION CATALOG NUMBER ITEMI FINIS MFR y p H 3 EA HINGE 666t 4.6 X 4.6 NRP L� 630 IVE t EA POWER TRANSFER EPTtO CON ILK B69 VON t EA EXIT DEVICE EX7B CVR Electric Trim N 630 ADA 1 EA SURFACE CLOSER 4040XP SC USH - L� 669 LCN t EA THRESHOLD B6A-223 � A ZER 1 EA WIRE HARNESS CON-t2 N SCH OPENING TO COMPLY WITH FBC LEVEL E CARD READER AND POWER SUPPLY BY DI V.26 SECURITY SUB TO RELEASE ELECTRIC EXIT DC -VICE TRIM FOR ACCESS SECURITY SUB TO COORDINATE WITH HARDWARE SUPPLIER BALANCE OF HARDWARE BY ALUM SUPPLIER CAO Hardware Group No, 05 For use on Door #(s): Provide each SGL doors) with the following: OT DESCRIPTION CATALOG NUMBER ITEMI FINIS MFR y D H 3 EA HINGE 66B14.6 X4.6 Lt-9 662 IVE 1 EA INSTITUTION LOCK ND62JD RHO (W 626 3CH 1 EA PRIM VS CORE 20-T40-XP If2 626 3CH t EA ELECTRIC STRIKE 6211 FSE CON 12/16/24/28 Ip .�' B30 VON VACNOC 1 EA SURFACE CLOSER 4040XP RW/PA IK1 689 LCN 1 EA KICK PLATE 8400 10" X 2" LDW B-C3 IH` 630 IVE 1 EA WALL STOP W5406/40TCCV fC 630 IVE 1 EA GASKETINO 1885BK PSA Iw9 BK ZER 1 EA WIRE HARNESS CON-192 N SCH CARD READER BY DIV. 28 BECURITY SUB TO RELEABE ELECTRIC LOCK FOR ACCESS SECURITY SVB TO SUPPLY POWER SUPPLY AND COORDINATE WITH HARDWARE SVPPLIER Hardware Group No. OB For use on Door #(s): Provide each SGL door(e) with the following: OT DESCRIPTION CATALOG NVMBER ITEMI FINIS MFR �, p H 3 EA HINGE 56B14.6 X4.5 [� 662 IVE 1 EA STOREROOM LOCK NDBOJD RHO lii 626 SCH 1 EA PRIMUS CORE 20-T40-XP 15 626 SCH t EA SURFACE CLOSER 4040XP RW/PA [4i 689 LCN 1 EA KICK PLATE 640010" X2" LOW B-CS I� 630 IVE 1 EA WALL STOP W3406/40TCCV Id 030 IVE 1 EA GASKETING 188SBK PSA f� BK ZER Hafdwarc Group No. OT Fof use on Door #(a): Provide each 30L doors) with She following: QT DESCRIPTION CATALOG NUMBER ITEMI FINIS MFR �, D H 3 EA HINGE 6BB1 4.6 X 4.5 (!d 662 IVE 1 EA CLASSROOM LOCK NOTOJD RHO � 626 SCH 1 EA PRIMUS CORE 20-740-XP li2 626 SCH 1 EA SURFACE CLOSER 4040XP RW/PA I� 689 LCN 1 EA KICK PLATE 8400 10" X 2" LDW B-CS 151 630 IVE 1 EA WALL STOP WS406/40TCCV W 630 IVE 1 EA GASKETING 188SBK PSA L4" BK ZER CAn Hartlwara Group No. 12 For uae on Door #(s): Provide each SGL ticor(s) with [he following: QT DESCRIPTION CATALOG NUMBER ITEMI FINIS MFR y D H 3 EA HINGE 6BB14.6 X4.6 � 662 IVE 1 EA PRIVACY LOCK ND40S RHO ff9 626 SCH 1 EA SURFACE CLOSER 4040XP RW/PA IRd 689 LCN 1 EA WALL STOP WS406/407CCV li: 630 IVE 1 EA OASKETING 18836K PSA IRl BK ZER Hardware Group No. 13 For use on Door #(s): Provide each SGL doors) with the following: OT DESCRIPTION CATALOG NUMBER ITEMI FINIS MFR y D H 3 EA HINGE 6681 4.5 X 4.6 lad 662 IVE 1 EA PASSAGE SET ND193 RHO LHi B26 SCH 1 EA SURFACE CLOSER 4040XP RW/PA I� 689 LCN 1 EA KICK PLATE 8400 10" X 2" LDW B-CS C�: 830 IVE 1 EA WALL STOP WS406/40TCCV 1� 630 IVE 1 EA GASKETING 188SBK PSA l# BK 2ER Hardware Group No. 14 For use on Door #(s): Provide each RU door(s) with [ha following: OT DESCRIPTION CATALOG NUMBER ITEMI FINIS MFR y p H NOTE HARDWARE BY DOOR BYO MAN V F. C A� CAS ]���.�._ ...������m�= �+gym. � . �, � !;e :2.�� ���� ��1 a�ad0! �� ,'� a/�:�«: © � �- - « n �,� « t - . ? \\° ! -- - !§K �2 \j § \: _� � � . ,!� \\/\\\« -- --� .. ,.,. . )!§ $�2/� »�~ na»+«\/\� \ ,K; � ,.y. H«ate ®v�� z ■!| /�~\:\ /� « }ƒ/ƒ\\/\�®9 §/�/\! . ..ws: ������ � .ems abmw»m� m ! §R� � � .� � � ` y�\\2 � � \ \�2 \\ \: ,� ! � \ � \ j 2\ 2 ^«/� �b\ \�/ �/ \ � �� / » \\\\\\\\j __ , y , « g m- E-JS$�2 «/j� a/�/�� \� i//\\\\�\\) ■n�� ■&� \2m322dgf ! 9{�� _~ : � J | � .:� �� ` � �� _� ] E« :) �_ _ g, .§ /(! | - - ;`� - � � % � \ � � _ ;)q ! � > § - - - ~ � �- � ! . h�� �'—� f /� ��_\: \� � Gmaii: Kristofcr.topez(3collieirooutay Fl.gov ��O TeY L.OLIT1Ly Tclophonc: (239j 252-8305 Prognemenl Services OMslon Addendum #4 Date: MaY 19, 2023 From: Kristofnr Lopez, Procurement Strategist To: Interested Bidders 3n bJec[t Addendum #4 Solicitation #23-8105 Collier County Fire and EMS Station 54 Tke following cfaritications are issued as an addendum: Chnnge L As reads: No reads: Bid n Mxry 30- 2023 tat 3:00 PM 2. Pre Bid Sign In Sheet uploaded. If you require additional information, ptease post a question on our Bid Sync (www.bidsvnc com) bidding platform under the soi icitation for This project. Plensc sign below and return a copy of this Adden<Inm with your subndttaf for the nbnvc referenced sollcita tlon. .YVl 3- ; 7�ZZ �2 (Siytat re) �/� /� Date (Name of Finn) C A(� i /k a3f �� / ) } m \ \ 7 \ \ / � % t & \_ 2 \ G � \ \ � � \ { $ � \ � , � � / $ 2 / \ � _ƒ ƒ � \ \ � $ ± � � $ ; $ � \ \ ƒ � � � 7a � ~ \ � k . 2 � � � - ® a k � o \ \ � � � � \ S � \ q a } \ � � � , � � � » / \� � - �: . .\ � � / FORM 1 - B1D RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA COLLIER COUNTY FIRE AND EMS STATION 04 BID NO. 23-A105 Pull Name of Bidder _Rycan Construction. Inc. Main Business Address 11215 Metro Parkway, Suite 2, Fort Myers, FL 33966 Place of Business 11215 Metro Parl[way, Suite 2, Fort Myers, FL 33966 Telephone No. 239-365-2100 Fax No. N/A S[a[¢ Contractor's License # CGC1306050 Sate of Florida Certificate of Authority Document Number FOOOD0001732 Federal Tax Identification Number 25-1601596 DUNS# 6D-31A-Ol1A CCR# 4G9V0 Cage Code 4GOY0 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the owner) Th¢ undersignetl, as Bitltler declares [fist the only person or parties interested in [his Bid as principals ere [fiose named fierein, [het this Bid is submitted without collusion with any other person, firm o orporation; [ha[ it has c refully exam fined the location of [he proposed Work, rite proposed form of Agreement and all other Contract Documents and Bands, and Ifie Contract Drawings and Specifications. Bidder' proposes, antl agrees if this Bid is accepted, Bidder will a cute the Agreement inclutled in [he Bidding Documents, to provltle all necessary machinery, tools, apparatus and other m s of construction, including utility and nansportetion s sary to do all the Work, and furnish ail the materials end equipment apecif led o referred [o in [he Contract Documents in [hem and time herein prescribetl and according to the requirements of the Owner as [herein set forth, furnish the Contnec[m"s Bonds and Insurance specified in [fie General Conditions of [he Contract, antl to do all other things required of the Contractor by the Contract Documents, end that i[ will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided fn n e [ban two decimal points, and in Me case where further decimal points re inedver[ently prow ldetl, rounding to two decimal points wlil be conducted by Procurement Services Division staff. Upon no[iflcatton chat its Bid has been a arded, the Successful Bidder will a cute the Agreement form attached to the Bidding Documents within ten (1 O) calendar days and deliver the Aurety Bond or Bonds and insurance Certificates required by the Conhget Documents. Th¢ bid security attached is to become the property of the Owner in th¢ event the Agreement, Insurance Certificates and Bontls are not executed and delivered to Owner within the time above sct forth, as liquidated damages, for the delay and additional expense [o the Owner, it being recognizW ffieq s e time is of the essence, Owner will suffer financial loss if the Succeastbl Bidder fails [o execute and deliver to Owner the requitrotl Agreem enq Insurance Cerdflcatea and Bonds within [he required rim¢ period. In the event of such failurq [he total a un[ of Owner's damages, will be difficult, i£not impassiblq to definitely a cettain and gvan[i fy. his hereby agreed that it is apptvpriete and £air that Owner receive liquitlated damages fl'om rho Successful Bidder in the en[ i[ fails to ¢ cute antl deliver the Agreem en[, Insurance Certificates, antl Bonds as requitred hereunder. The Successful HiddetXhereby expressly werves and relinquishes any right which it may have [o seek [o characterize the Construct/on So/ICJfa[ion Ooc rev 04'152022 GAO above need liquidated damages es a penalty, which the parties agree represents a fair end reasonable estimate of Owner's actual damages at the time of bidding if the SuccessfLl Bidtler fails to execute end deliver [he Agicement, Insurance CCrtifiCa(Cs, and Bortds in a timely mannel. Upon receipt oFlhe signed and approved agreement and Purchase Order, the undersigned proposes to commence work e[ the site within Eve (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor oft modified (later) wmmencement date. The undersigned further agrees to substantially cam piece ell work covered by this Bid within four hundred and Rfty-Ave (955) co secutive calendar days, computed by excluding [he wmmencemen[ date and including the last day of such period, and [o be fully completed to the point of final acceptance by the Owner wilFln sixty (60) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Accepts nee and acitnowledged by an AuMorize Agent Signa[u re� / y/ i_ Tltie� Matt Mastrotrmrcesco - VP of Construction -Fort Myers 05/30/2023 Constroctlon So//c/tetion Ooc rav oa 152022 CAS FORM 2 -CONTRACTOR`S KEY PERSONNEL ASSIGNED TO THE PROJECT COLLIER COVNTY FIRE ANV EMS STATION 04 B[D NO. 23-S105 MfKc Sml[b Juffc Lvin Construction So//oitation Ooc rev 04952022 P¢rsonn¢i Catcaory Conemvcdov 9uperinimdent Projat Mmage[ CAC? FORM 3 - MATERIAL MANUFACTURERS TH[S FORM MUST BE COMPLETED OR BiD MAV 6E DEEMED NON -RESPONSIVE All Bidders shall con Flan by signature that they will provitle the manufadurera and materials outlined in this Bid specifications, including compliance with Floritla Statute 255.20 [o provide lumber, timber, and other forest products protluced and m nufacmretl In the State o£ Florida as long as the price, flmess, end quality a equal. Exceptions (when equals a aaccepmble) may be requested by completing the Materiel Manufacturer Exception Lst below. 1£an caption foram nu facturer and/or material is proposed and lismd below end is not approved by EngineerBroject Manager, Bidder shall fLmish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance ofmaterial proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufac[wcs and materials in Bitl speci£wtions) On behalf of my firm, I confirm that we will use ell manufacturers and materials as specifically outlined in the Bid specifications. Company: Rvcon Conattve[ion. ine. i s:gnawre: Dam: nsrznr�np3 Section B (Exception reques[M m Bid specifications manutacturets and materiels) i. NA z. 3. 4. 5. Please insert additional pages as necessary. •• NA Company: Rvcon Conatruc[loq lnc. �? t-- 05/30/2023 Signnture: Dale Construction SO/ici[ation Doc rev 04952022 CAO PORM 9 -LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MA V BE DEEMED NON-RESPONSIV E The undersigned slates that the following is a list of the propoaetl subcontractors for the major categories outlined in the requirements oC[he Bid apedftca[ions. The untlwsigned acknowledges its responsibility For ensuring the[ the Subcontractors for the major ce[egori¢s listed he[�in are "quell fi¢tl" (ax tl¢finetl in Ordinance 2019-08 and Section IS of Instructions to Bitltlers) and meet all legal requiremm[s applicable to and necessitated by the Contract Documents, including, but no[ limited ro proper licenses, certiFca[ions, registrations, and i rage. The Owner reserves [he right to disqualify any Bidder who includes non -compliant or non -qualified Subcontractors in its bid offer. Purthey [he Owner may direct the Successful Bidder to remove/replece any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with the requbnment either before o afta� the issuance of the Award of Contract by Owner. (Attach additional sheets as eetled). Further, the undetsigned acknowledges and agrees [het promptly after the Award of Comrect, antl i accordance with the requirements oP[he Contract Documents, the Successful Bidder shell identify ell Subconnractors it intends [o use on the Project The undersigned further agrees that all Subcontractors subsequently identified for any portion o£work on this Pr ject must be qualif ed as noted above. M jar Category of Work Subcontractor and Address 1. Electrical 5 OWBC 2. Mechanical 3. Plumb'n P in 4. Site Work BIU0W8taf O out OY da 5. Iden[i£y other subconb'ectors GafCja CODCratO that represent more then I O% of price or that affect the critical ath oCthe schedule Company: C 1 1 �'--- Date OS/30/2023 $igna[WC: Mat[MeUrolMmceato, VP a[Connlruetton-Fart Myers Construct/on So/icita flan Doc rev 04f52022 CAn FORM 5 -STATEMENT OF EXPERIENCE OF BIDDER THiS FORM MUST BE COMPLETED OR BID MAV BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. The Biddm� is required provide Eve (5) project references, stated below, of what work of3im filar magnitude completed within the last five (5) years is a judge of its experience, skilh and business standing, and of its ability to conduct the worK as comple[ety and as rapidly as required under the terms of the Agreement. 1. Brimiicld Flro Department ffi Townabin Adminfa[ratiye Buildin¢ Brimfield TownaMp, OH (project name) (protect owner) 1333 Tallmndgc Aoad, Keu[, OH 94240 1333 Talmadge Road, Ken[. OH 44240 (pt jeer location) (Owner's Rddress) A [9A00 eq. R. twoo[ory ezpnnston wab <M1ree (]) neW aPPara[ua bayf dl renovaOone [0 9,t00 eq. R. oTapvice. Crxig Mullaly Cbief <project description) (Owner's contact person) (title) OB/202t-An[lcipated 12/2023 $ 8.194.300 330-608-9244 mu11a1v�iObrfmpeWobto.¢ur (pr jec[ steWcampletion dates) (contract value) (phone) (emaiq 2. Pitt OM1io Terminal Pitt Obio (project name) (project 5500 CM1eyrole[ BNd., Parma, OH 44130 5590 CM1errolet Bivd., Parma. OH 44130 (project location) (owner's address) 'C46 new, 11D,00 a9. rt. yro-eni{[ncered n�etel bugdlna wl[M1 CFMF/brleh veneer holds 130 [ruck bays. Michael Tndd erminat Manann� (project description) (owner's contact pn'son) (title) 04/2018-062019 $21.200.000 1-800-241-1222 mmddla]ofttohio.com (project 3[a'Vcompbtion dates) (contract value) (phone) (email) 3. Handaon County W V General Serviced Bulldine Hvrison County W V Commiaaion (Pr leer name) (project owner) 229 SoutM1 3td Street Clarlubure. �W 26301 301 W Main 3treeq 3rd Flour, Clarlubura. W V 26301 (p�ojeC[ IOcntiOn) (Owner's addre35) Nor 02.000 s h. sdminlatrn[Ive a Lau a PyaaLaulis Harrimn County W V Adminisn-a[or CPwject description) (Owner's contact person) (title) 08/2020 - 1012022 $ i5.996.000 (p ject staiVcompletion dates) (contrect value) Constr✓cHon So/lc/[atlon Ooc rev 04952022 304-624-8500 N/A (Phone) (email) CAS N-ORM 5 - STATEMENT OF EXPERIENCE OF 6tDDER 4. Peppe<' Pihe OH S¢rvlce Butlding Addltian @. Reno City a1'Pepper PII<e OH (pioject nam¢) (project owner) 28008 Shahm- Boulevard. Pepper P14e. OH 4J124 (project location) New 5.600 ap. p, xddl<Ixn <x [he Pepper P[ke Serylee Uepxrlmen<. Alrx Indudetl vpgradea to <he eavtlxg delllly. (ptojeet description) 09/2020-04/2021 $1.'169.328 (project completion aloe) (contract value) s. Pcppa' P14e OH Police Sta[fon (project name) 28000 Shaker Boulward, P¢PPm' Plhe. OH JJl2d (Project location) A 5.1a0 ae. p. Interior renv olnn eahtlne xottnn am<Ivn. (p jecl description) 03/2022 - 082022 $ 1.206,525 (pr ject completion date) (contract value) Company: Signature: 26000 Shzher HoulevarJ. Pepner Pile. OH 44124 (Owner's address) FI h 1 Aain Mnvnr (Owna"s contact person) (LICK) 216-89G-6i26 N/A (phone) (email) City of Pepper Pii<c OH (project owner) 28000 Shxlwr Bouicvxra, Pepper Pihe, OH 44124 (owner'3 aaere3:) Karl Hiet2 Cl+fci (Owner's contact person) (title) 216-631-1A24 Kdfetz�pepperpihc.org (phone) (email) Date: O;_ Constrecticn So/!c/tstlon Ooc rev 04 t 52022 CAS FORM 6 -TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Ba Price are costs for complying with the Florida Trench Safety Act (90-9G, Laws of Florida) effective October 1, 1990. The: Bitldm� further identifies the cost to be summarized below: Trench Safety Units of Measure Meesmn (Dcacriotionl (LF.SY) 1, Flofda Code 2. 3. 4. 5. Unit Unit Extended Cost (Ouentitvl Cost $11,570 $11.570 TOTAL $ $11,570 Company: Ry-/n�.C�onatruc[lon Inc. e ' / i-- Date. OS/30/2023 SignaWTe' / Matt Maelmt4vneeaeo, VP of Conetvne[bn-Fart Myam Construc[!on So//clta lion Ooc rev 04952022 CAS FORM 9 - BlD BOND THIS RORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RE3PONSIV F,MON- RESPONISBLE KNOW ALL MIiN BV THIISII PRESENTS, that w on n z6ot 8m ¢nyR¢g@y�y�]9n PHt �mb. PA tom_ a (IICr0111 PRer CnllOd the PPlnelPap sad cmwloy aH nappaltS.. a nt M end (herein called the Snraty), 8 eorpoiation char[arad Pod existing antler the laws f the Stnic of-_16.-- whh i:a nrincinal offices in the Dirt of _,g�haumt,urg IL nna anmorizad to do business the State of FL are held and firmly bound wrto the hoard of (=n �n L—(hereinafter celled the Owner), in the flail antl just sum of a po�..u.aS]f�CAOLttLHld tlollnra ($ 5°/a 1 gcod and Iawfbl monoy of the United Smtes of America, to ba paid upon demand of the Owner, to which payment wall and truly w be mntle, the Principal and the Surety bind thamsalvcs, [heir heirs, and executors, ndminisaatota, antl assigns, jointly and several ly antl finely by these presents. Whereas, the Princinal is about to submit, or has submitted to Lbe Owner, a Bid for fm+iahing all labor, materials, equipment, antl incidentals necessary [o fumixh, install, and fully complete the Work on the Pr jeot known as Bid No. 23-8105 Collier County Fhe and EMS Station 04. NOW, ]'HIIRBFORB, if the Owner shall accept the Bid of The PRINCIPAL end the PRINCIPAL shall enter Imo the requited Agtnament with the Owner antl wilbin tan days after the ❑ate of a written Notice of Award in armordenen with the terms of such Bid, and give such bond or bonds in an amount of 100%the total Contract Amount as speciPed in [hc Bidding Documents m' Contratt Uocwnanla with good end xufRcienl surely for tba faithlLl performance ofthe Agreement and for the prompt payment of Inbor, materials and suppllea furnished in the proseou[ion thereof or, in the event of the fhilure oftha PRINCIPAL [o enter into such Agreement or to give such bond or bonds, andBr�a�vwtl� Omw+x+� the required ortificatas of lase ranee, ifthe PRINCIPAL shall pay [o the OBLIGEE the fixed sum oF$_�y_._—.— noxd above as liquidntad damages, antl not ns a pm+alty, as providetl in the Bitltling Documents, Ikon this obligation shell be null and void, o<hetwise to remain in full throe and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to ba duly signed end sealed this �QS1]_ dny of Aorll . 20 23 �. /' Rvcon Construction. It1c. Ll principal BY ��.�..,-��l J � \ (Seal) `//`��t�t�^^' Surety A6T@§TSYm7��ap.i �\ (Seal) Countnrsignad N/A o Anpoin[cd Producing Agent for GAO ZUIO CH AMRRICAN 1N5 VRANCIi COMPANY COLC)NIAL. AMRRICAN CASIfALT'Y AND SCIRBTI' COMPANY PIDP.DI'rY AND UP.P03Pr COMPANY OR MARV LAND POWER ON' A1'l'ORNI:Y I<NO W ALL MRN 6V THQSG PRFSGNTS: Tlul the ZUI2IC'II AMPR[CAN 1NSURANC6 G`OM PAN V. a cnrpunnbn of ibv Suty nF Naw York, the OOf.ONIAL AMRRICAN CASUAL"1'V ANO SURS'rY COMPANY, a coq>oratima oltlrn Slaty of I llinoia, iud daa Irll>lil.l'1'V ANU Ulil'OS'IT COMPANY OP MARYLANU n mrpornlinn vl'Ne Slvta of Illinvia (Iwroba cullactivclY ceUvtl the "Casco Pnnivs"), by Robert D. MurrnY. Vlce Praald¢.rL h. rur of amM1vl9tY grnnl<d by Article V, Scdion B, of thn ➢Y-Law of¢aitl ComPv. which a xet Pooh on Iha reverse flida hereaF and vrc M1arvby conifivd to ba in NII force and effec n the clnw bemuP. do herelay n mte,te sUmte, re and aPPoinl Ryan ➢UICKG, Jnmea L. ➢LY, Andrew ➢LY, Pamola L. NUNGZ. Dpnlol A. PAI'AJCIK, Abignyle SIMKINaaf Pittsburgh, Pnnnsylvpnip, ifs tr a and Ixwful agont nnai AlWrney-i t-Poet, M mnke, vnacaW, seal enU deliveq Nr, and on il¢ [reM1nll'ns saralrc. t nA as its acl xntl tlecd: xny xml ill hunJx nd undertxhinga, and IM10 oxewnian of such bontls o mbrtnkings In pm u MlM1esv p senlx, shall by us bintling upon sold Compaxica, es Rdly pod amply, laa all {nivnb nntl purposrs s IriM1cy hxtl been duly olt cuted ptb acknowledged lay the regularly electctl officers of tlw Z.URICI I AM➢RiCAN INSUI2ANCG COMPANY nt iD OIPw in Naw York, Naw York.,1M regulvrly ala;IW oTverx of the COLONIAL AMGRICAN CASUAIfI'Y ANU SURL'rV COMPANY nl its offiar inOwings Mllls, Mnryla.d., and Iha regularly electetl ofFi¢rs ol'the PIOGLITY ANU UFJ'OSIT' COMPANY OF MARV LANU nt its otFice in Owings Mllls, Marylentl., in !hair oa n pmpw perxons. "fh< sniat Vice Praaldenl tivcs M1mcbY va%rlify that the ezh'acl flat Porlh wr Ilu reverie sitle bamoP Is a Wa coPY of Aricla V. Seotion S, of the ➢Y'Lnws of said Cvmpanlos, and fs now In Porc<. IN WI"1'NL''SS WFIGI2GOP, the said Viaa-Pr¢sldanl M1as harnunlo subseribetl hi✓hnr nemna end aUlxed Ilu Corpnmto Soals of tM1a said ZUR)C.H AMRRICAN INSl1RANC.IL COMPANY, COLONIAL AMI{RICAN L`ABUAL"Cl' AND Sl)RGTY COMPANY, xntl pIDELPIY AND DGl'OSI'P CCIMPANI' OH MAL(Y1.AND, !his INth day oP Oct®obar, A.l>. 21tt2. 9� aY'ha.y},ea y'�✓F¢al+eakr`:.�+rtla^'Na,, �' n w q SEALx" SEALmA ,a SGL�� Z(1RlG'il AhtgRIC`AN INSURANCE COMPANY COLONIAL AMBRIGN CASVALI'Y ANU S V Rg'1'Y COMPAN V PI IIELiTY AND DEPOSIT COMPAN V OP MARV LAND �� �. QY: 12nber( /J. Muuzry Ylc¢ Pr'ea/den( b'ecvvluvY 8[xle of MxrylnnJ County of 6xllbnnre On This 181h d:ry of Owopea. A.D. 2022, befom the xubxerlbcq a Notary Publiv ul' Ilw Slvly of MnrylvnJ. duly rnmmiasforwtl neat qunlllicA. livh¢rt D. Mnrrny, Vle< PmaWenl cord Uawn G Itrmvn, Re¢rctnry of the Compnniv; w my pemonnlly known b be Ilse inaivi[lunls xnd oRScvea dcawibeJ is and wlw uwd tha preceding imtmment, anJ acknowledged then%acutivn vl'avmG end being by ma duly sawm, JepoaMb nntl enilh. that ho/shu ix th<axia1+v155ew of the Cmnpany afo r¢anid, and Ilwl the scuts nmxetl Iv Ihv prveading invin:mcnt aw tM1v Caryorat¢Senla nfwid Cmnpnnicv, nntl that lhu xvlJ Corpmvl¢ Senla and tpv aivnvlury vx such oRSecr w<:c July alRxasl xntl subxsibaM w Ilro xniJ i:ulnnnmrt by tlty vutlwrity anJ Jimclinn o! the sand Comnmtiw¢. IN'fL$'1'IMONV WHERFiO P, 1 Feva M1enanvty avt roy hanJ <nJ nRS xcJ my Omc(al Senl IM1c Jxy nntl y<ar➢rM <bove written. �,�```' �L�. Cana vAn.w unn, N¢Ybry Pnbliu MY Cotnmi i 6sPi :July 9, 2023 •,,,,.aa Authenticity Mthis bontl can be confirmed a[ bontlYNitlxtor,zmdch nn.com ar 410-559-8�90 CAO E%TRACT FROM BY -TAWS OF THE COMPANIES "Articlu V, 8ev + 8, Aun - o-PmL l'Ito CtUcf f:x c OIFw.q [bc PMxidenl, o m+y Lxccurim Vice PrcalUunl ur Vice Pre Talent nuY, hY rillm inshv not nUcr Mc nllosletl orfwnr[c�uuul, uppoinl vClnnuYs- r-f ct with nulhorilY fo culc Wnds, palic" s cognizxnecx. atipulntbns, undar'lakln8x, o other like inalrumenta on bcltnll' of Mc Comla+nY. anU maY nnihnriza nnY nTicer or anY such attorney-in-Ibcl to n1Yix Ow c >ryomic xal Thereto: anU mvY u'iN nr without cease modify ofrcvake nnY such of>polnlnwnt or anthoriLY ea mry lima." CERTIFICATE 1, the umlursigneQ Vlw PruaiUent of tba Z.UI2ICH AMP_I2ICAN INSURANCfi COMPANY, Iho COLONIN.. AMGRIC:AN CASUALTY AND SURCTV COMPANY, nntl thu t`ID6L1'1'V ANO OL'POSI'f COMPANY OP MARYLAN �, [lu Imroby earthy Mnt the foregoing Pow of AUomny is still i + f dl Mr vnd cftbot on tho dato ol'thia ccrtiFcem; and 1 do lbrthat certiry [hut Article V, Boston 8, of the RY-Lows of tbo Componlaa ix atilt In Yorce� 9'Ms Po of Auornay and CanlOcvtn mny be signed by facsimile ntdm vnd by mtthmity of the following rcronlutinn of the board of VlrecMrx of tbn 2V RICFI AM6RICAN INSURANCE C'V MPANY ut a meeting euly ca11eU and Iwld on [he ] ST day of I>ettmber 1998. RESOLVED: "rant the signnturn utlhe Pesident or n Vim Preaident and tho anestirrg signxLLrrc oFa Socwlery or an Assixmnt Sacretmy and the Scnl nl'tho Company mny be xRixne by fncsimllc any Powo nPAttorney._Any xaah Puwa,r or mry cartificnte lhnrcof bwat'Irag xuch tbesOnile ¢IKnnhna and aenl slanll be valid and binding on tl a C9mpanY" TILs Powe of Auonu:y nntl C;crtlFlcuM mny be signed by fneximile under eat by author'ny oP the fbllowin6 resolm of the IIoartl of Dlmcrors uF the COLC>NIAL AMEI2ICAN CASUALTY AND SIIRGTY COMPANY vt n inoMing duly cu11W unJ Iwld nn oho Slh dxy of Mny, 1994, m,d the following raaolulion oY Ibo Hom'd of DlrncMrs of [hn FIDELITY AND OEPOSII' OOMPANV OP MARYLANO nt e meelin6 duly callctl flntl hale on Ilry 1 O[h day of MxY• 1990. RI?SOLV F.D: "'IYrnl thu Ihcsimtlo w' mcchnniamilY reproduced 'x'ul of Ihn wmPvnY vnd faMsimila or mochnnirnll>'rel>mduc<d al8rmtnrc ul' any Vice-Frexident, Soc vlary, or Asaietnn[ Secrcwry of iho C;ompony, whether made hemMfare or hcrcaRcr, whe aPP<aring upon e certified copy of any pow of n[Wrrrcy isaned by dw Company, shall be valid end binding upon the Company wiM [haesame }brcc mad effect as n.oarsh marmally ulnxee. IN'I'l39'fIMONV WHHREOP, 1 hove Itarounto subscrilsed my nanm and n[Rxetl the corporate xnals aflbe anld Conmanies. this 261h day of Anrll , 3,QZl . �,.� ��....u,.�,4' BENLJhP �&EAJ g �4� JEe�d� IIY: Mary Jcen Pothick V Teo President TO REPORT A CLAIM WITH REGARD TO A SCIRETY BOND. PLEASE SUBMl'T A COMPLETE DESCRIPT[ON OR THP: CLAIM INCI.UOIN4`'PH E PRINCIPAL ON THE 6OND. THE BOND NUMBER, AND YOUR CONTACT INFORM A'I'lON'lV: Zurich Surety Claims 12a)9 Zurich Wuy Schaumburg, IL 601 JG-10% Plu 800-62G-437'I If your jurisdiction allows for aleatronic reporting of surety claims, ploase submit to: r�nsLr.t.iclajlxLKn>nrinbnp c9>ra Antbenticily or mix bona can bu con OnmcU nt bondralidatm'.zurich na.com or 410-559-8T90 CAO NORM 8 -INSURANCE AND BONDING REQUIREMENTS The Vendor shall a[ its o expenses, c my and m intain i rage from responsible companies duly euthoriud to do business in the State of Floritla as act forth in FORM 8 0£ this solicitation. The Vendor shall procure and maintain property inset ante upon the enlira project, if required, to the full insurable value of the scope of work. The County end the Vendor waive against each other and the County's separate Vendors, Contrecmrs, Design Consultanq Subcontractors, agents, end employees of each and all ofthem, all damages covered by propety Insurance provided here except such rights as They may have to [he proceeds ofsuch in Tha Vendor and County shall, where eppropr ate, iroquits s miler waivers of subrogation from the County's separate Vendors, Design Consultants and Subconusetots end shall require each o£[hem to include similar waivers in their conuracts. Collier County shall be responsible for purchasing and maintaining its own liability inset ante Cer[ifiw[es issued a salt of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or[he specific solicim[ion number entl title. The Genets) Liability Policy provided by Vendor to meet dte requirements of this solicitation shell n ¢ Coliiar County, Florida, a additional i suretl es to the operations of Ventlor under this solicitation and shall contain a severability of inte$esis provisions.n The Certificate Holtler shall be named as Collier County Board of County Commissioners, OR, Board of County Coen stoners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance oat state [he Contract Number, or Project Number, or specific Project description, or must read: Por any and ell work performed on behelfof Collier County. The am Dams and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the a of Insurance Services Office (ISO) forms and endorsements or L+eir equivalents. If Vendor has any sdf- insured retentions or deductibles under any of the below -listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and a ant of such self -insured retentions or deductibles and provide satisfactory evidence of financial responsibility fot�such obligations. All sel6insw'ed retentions or deductibles will b¢ Vu+doPs sole responsibility. Coverage(s). shall be maintained without interruption f�om the date of commencem¢m of the Work until the date of completion antl acceptance of the scope of work by the County or as specified in this solicimtion. whichever is longer. The Ventlor and/or its i rtier shell provide thirty (30) days written notice [o the County of policy cancellation or n - west on [hecpar[ of the i tier or the Ventlor. The Vendor shall also notify the County, in a like m nner, within twenty-four (24) �outscaRer receipt, of any notices of expimtiou, c cellatiom n - renewal or materielachange in coverage. or limits re ved by Vendor from its insurer, and nothing contained hereto shall relieve Vendor of [his requirement to provide notice. In the event of a reduction in [he aggregate I{m it of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate lien i[ reinstated to the full extent permitted under such policy. Should at any time the Vandor not maintain [he i ragejgj required herein. the County may terminate the Agreement o at its sole discretion shall be euthoriud to pm chess¢ such c rage[g] and charge the Vendor for such wage(;;] purchased. If Vendor Fails to re mbursc [he County for such casts within thirty (30) days after demand, the County has the right to offset these costs from any a ant tlue Ventlor under this Agreement o any other agreement between [he County and Vendor. The County shall be undo' no obligation to purchase such in ante, nor shell it be responsible for the coverage(s1 purchased or the in ace c mpany or companies used. The decision of the County to purchase such insurance coveragef:l shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If [he initial o any subsequently is ued Certifice[¢ of Insurances expires prior to the completion of the scope o£work, the Vendor shall 16rnish to the Cotm[y r west o replacement C¢rtifleate(s) of Insurance not later than Ian (10) calendar days after the expiration dot¢ on the certificate. Failure of the Vendor to provide the County with such renewal <er[iflcare(s) shall be considered justification for the County to terminate any and all contracts. CAO Collier County Florida [nsu ranee and Bonding Requirements [[tsurfln¢a /Bond Type Required Limlb 1. ®Worker's Compensation Statutory Limits of Florida Sietutea, Chapter 440 and ell Fetic�al Government $tatutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is requited. Entities that ere formed as Sole Proprietorships shell no[ be required to provide a proof of exemption. An application for exemption can be obtainetl online at h -// - ldl' /L V 2. ®Employer's Liability $_t,00DA00_ single limit per occorrence 3. ®Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the $_LO00,000 single limit per occurtenc $2,000,000 aggregate for Bodily eThe current ISO Eorm injury Liability and Property Damage Liability. General Aggtcga[e Limit Shell be endorsed to apply pu� project. This shell include Prem lees and Operations; Independent Contractors; Products end Complet¢tl Operations and Contractual Liability. 4. ®Indemnification To Ih¢ m ¢x[ent permittetl by Florida law, Ih¢ Contractor/Vendor shell defend, indemnify and hold harmless Colli¢r County, its officers and ¢mpleyees from any and all liabilities, damages, losses and costs, inciutlin g, but not I:mit¢d to, noble attorneys• £ecs and paralegals' f s, to the extent caused by the negligence, ecklassness, or intentionally w ongful conduM of the Contractor/ Vendor or anyone employed or utilized by the Comrector/Vendor in the performance of this Agreement. 5. ®Automobile Liability $_1,000,000 Each Occurrmco; Bodily Injury 8c Property Damage, Owned/Non-owned/Hired; Automobile Includetl 6. 0 Other insurance as 0 Watmnrafi $ Per Occurrence noted: United States Longshoreman's and Harbotworker•s Act coverage shall be maintained where applicable w the completion of the work. $ Per Occurrence 0 Maritime Coverage (Jones Ac[) shall be maintained where applicable to [hc completion of the work. $ Pn� Occurrence O Aireraf[ Liability coverage shall be em'ried in 1[m its 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 Q Professional Liability $ Per claim �& {n the aggregate Q Project Professional Liability $ Per Occw'rence 0 Valuable Papers Insurance $ Par Occun�ence Q Cyber Liability $ Per Occurrence Technology Errors 8c Omissions $ Per Occu n'enee CAO y. ®Bid bona Shall be submitted with proposal response in Ne form of certified Ponds, cashiers' check or an it vocable letter of crediq a cash bond posted with the County Clerk, or proposal bonde'rn a sum equal to 5 % of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioneta o a bank or trust mpany located in the Stale of Florida end inswctl by [he Federal Deposit Insurance Corporation. 8. ®Performance ¢na Por projects in exces of 5200,000, bonds shall be submitted with the execumtl Payment Bonds on[rac[ by Proposers r ce wing award, and written for i00h of the Contract award Dung the coat borneeby the Proposer receiving a ard. The Performance and Payment Bonds shall be underwritten by a swoty authorized to do business in the State of Florida and othorwisa acceptable m Owner; provided, however, the surety shall be rated a "A--" or better as to general policy holders rating and Class V o higher rating as to financial size category and the amount requires shell rto[ exceed 5 % of the reported polity holders' surplus, ell as reported in [hc mast c ant Best Key Rating Guido, published by A.M. Best Company, Inc. o{ g5 Fulton Shoe; New York, New York I0038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide Gounty with certtflcetes of inswance meeting the required insm�ance provisions. 1 O. ® Collier County must be named as "ADD1TlONAL INSURED" on the Insurance Certificate £or Commercial General Liability where regWred. This inswance shall be primary and n n-contributory with respect to any other intained by, or available for the benefit ot; [he Additional Inswed and the Vendor's policy shall be endo sea accordingly. 11. ® Tfie Certificate Holder sfiall be named as Collier County Board of County Commissioners, OR, Hoard of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Cenificetes of Insurance must state fhe Contract Number, or Project Number, or specific Project description, m� must reed: For any and all work performed on behalf of Collier Ccunty. 12. ® Ov all certtflentes, [he Certifleate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Daya Cancellation Notice required. l4. Collier County shall procure and maintain Builders Risk Insurance on all construction pr Jects where it is deemed cessary. Such c rage shall be endorsed to cover fhe interests of Collier County as well as the Contractor. Premiums shell be billed to the project and the Contractor shalt not include Builders Risk premiums in 1[s project proposal m' project billings. All questions regarding Builtler's Risk hsurance will be addressed by the Collier County Risk Management Division. G6 — 3/6/23 Vendor's insurance Accep<a nee By submission of the bid Vendor accepts and underst¢nds the in a requirements of these speciftca[ions and Iha[ the evidence of insurability may be required within five (5) days of the a ard of this solicitation. The insurance submitted must provide coverage for a minimum of siz (6) months from the date o£ award. CAO co,- c_o�,H�y Procurement Services �ivislon 9- O'TL]'1'ORINTL+REST A['FIDAVt1' The Vmflor certi Res ihnl, to the best of il¢ knowledge and belief. the past uml Onrt'cnt work on any Collier County Project nffilialed with this solicitation dots not poso nn organiznlionnl conflict ns desw ibed by one of the three- catcgorics bClow: 63asad ground r..les —"fhc lion has not set ❑lc "ground rules" f r afRlintcd Pi+al or c wu C:ollicc edunly prof Ccl idenliliCd above Cc.g., writing a Procuremen['a smtomanl of xork, .apecilicattions, or PCrforming syswms engineering and technical Airection for ❑w pmmvwnenp which nppems to skew the competition in I -aver oC my R+'m. Ln paired ohJ ecMvi[y —The iron has nut Performed work on n nffilinlcd Past o mm'ent Coll ter Coalnly project identified about LU evalunta proposals / yast perf nuance of itscif w� a co npelitnq which tails into goeslion «le contractor's nbilitY to rwldcf impartial n<lvice to the 6ovcrn meat. Uneqnni access to in Pm'mation —The Prnl has not heel u sa to nonpublic in forrrlatiwr ns Purt of its performance of n Collier County Project identified above wl ich may havo provided thn wmractor (or Rn nfRlinte) with nn unfair competitive a<Ivmvnge in cu+rent or finuro sOlicimti<ms ¢nd contracts. In additio» to this signed ntf£dm-iq the contractor /vendor must Provide the following: 1. all documents produced as n rasuh of the .work comPiered in the poet m� Oamardly being.votkul On for the nbovo- ntioned project nn<f, 2. tn<lica[e 'F the infoim¢tion Produwd was obulined nx u mutter op Public rc o.-d (in the "sonshinc'7 or through nmv- Public (not in the "samshine'") wnversption (sj, meeting(s), documents) mul/or other mcana. Failure [o disclose all m¢terial or having a organ znti(n)al c inflict in one or moro of the three categories above be identi fie<I, may result in the disqualification for fptura solicitations R£tilinled with the above refemnced Pmject(a). By the signature below, the f}im (employees, officers nnci/or agents) certifies, and hemby discloses. that, t0 the best of their knowledge and belie£, all ivlevnnt f¢cts concerning Paxq presan; Ur Currently planned intciest or activity (financial, cannnenu«, orgnnizalimml, U o«lmwise) )which relates to the Prefect identified nbovC has been fvdly discloscA mld does noI Pose ml UrgmlizationRl Conflict. Rycon Construction, Inc. —/� L_ Company NRme •/ s;gnamra hfutt Vtu(n'nhmwoaco, YP of Como-,maian - Furt htycvr Print Nnme and Ti«c Stnlc of Florldn County of • C The fpp gg�ng inatrmnent wnS acknowledged befyy��r +1C by mc.ms of h rsirnl present r O online notarization, <hix L.6 daY of � Ononth), ZbG 1 (year), by �- (name Uf Person acknowledging). 1 1.f..I /�-rW' L�� y(Signnnm: of Noll +b is Sono .>T FIo1�ltln) (Print, Type, or Stamp CwnmiSsianCd Namo of No[¢ry Public) PersUnallY K_nU_w'+�l OR Pl'OduCCd IACnllficnLlon _ 'fypc of ldanliflCatinn Produa:N � JESSIChL CAPRIO +'% Note mPublly, Stela OI Fionda f, Cum Isalan No. HH 98095a My Cammlaelon Explren: +l/29/202r cow co�,,�ty Procurement Services Division FORM 1 O —VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIC Collier County Government Complex Naples, Florida 34l l2 Oear Commissioners: The undersigned, as Vendor declares that this response i made without c action o a�rangem¢m with any other person end Ihis proposal is cry respect fair end made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purehase order terms entl conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County tlocumem for the purpose of establishing a formal conh'ecmel relationship between the firm and Collier CounTy, for [he performance of all requirements to which the solicitation p¢rteins. The Vendor states that the submitted is based upon the documents listed by the abov¢ reRrenced Solicitation. Further, the vendor agrees ibat if awarded a contract for these goods and/ar services, the vendor will not be eligible to compete, submit a proposay be awarded, or perform as a sub - vendor for any future associated with work that Is a result of thfs awarded contract. IN WITNESS WHEREOP, WE have hereunto subscribed our names on this �� day of��/ . 2p2.3 in the Ccunty of r n the State of Floridn Pirm's Legnl Rvc n Construction, [nc. Name: Adtltross: 11215 Metro Parhway, Suite 2 City, State, Zip FmY Myers, FL, ] 3122 Code: Florida F00000001932 Certificate of Authority Document Number Federal Tex 25-1601564 Identification Number 4G9Y0 •CCR # or CAGE Cotle 'Only if Gren[ Funtletl TelepM1one: Email: astro oninc.corn i_ Signature by: (Typetl end rittcn) Title: C Ali Sena payments [o: (required if different f'om above) Cov[act name: Tia¢: Address: City, State, ZIP Telephone: Email: OfYice servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: £mall: Seconda.y Contact for tuia soueitauon: Emau: Phone: Aaatemnai contacr information Rycon Cona[rueflon, Inc. Company name used as payee AP/AR Manager 2501. Sm aOman Street, Suite l00 412-392-2525 as rvi.'gmo�aryeon it.e.eom Rycon Consb'u comp lnc. Malt VP of Construcflmt -Fort 11215 Metro Parkway, Suite 2 Fart Myurs, FL, t5122 239-365-2300 asb'pQryconfnc.com Chris Hawkins ehawidna@rreonin e.eom GAO eY_c_o,.� ti_ty Procurement Services Divlsbn FORM11-IMMIGRATION AFFIDAVIT CERTIFICATION This AC(i<tnvit is axµ,:red and siwnkl be signed, notarized by an authorizetl principal of the fivm and xnbmiued with f rmnl solicimtion submillnls. Furthor, Vendors eta royuired m ba enrolled in the E-Vorily program, m,d mnvido ccepmbly evidence al' their anmliment, nt O,c time of «ta submission of the Vm.dor's bid. Accepmble cvidnnce consists of a copy a>I' the properly completed E-Vcri l'y Cmnpany Profiles pnge or n copy of the f dly ezccutfd E-Verify Memarnndum oC Vndcrsmv,tling for the company which avill be prodaccd at lho lima oFtho submission ofthc Vendor's bid or within five (5) day of the Counly's Notice of I2econvnonA Awmxl. FAILURE TO EXN CUI TH15 AF 1D VIT CERTIFICA"l'IO�I ANU S BM[T W TH VCNDOR'S PROPUSAL/8[D NIAY DL'EM THE VENDOR NON -RESPONSIVE Collier Covory will wt inrentionally nward County contracts to any VenAor who knowingly employs unnuthorized alien workers, canstitu«ag n violation of the employment provision captained in g U.S.C:. Sectiwv 1324 a(c) Section 294A(f) of the hnmigration nnA National ity Act ("INA"). Coll inr County may consider the empoyment by auy Vendor of unwuhorized aliens n vioindfn of Section 294A (e) of «t< INA. Such V iefntim, by the recipient of the Employment Provisions wntained in Section 204A (e) of d,e INA shnll be groundx for unilateral ronninufion of the conunct by Collier County. Vendor attexts [hnY that nre YuOy compliant with nll applic Act muf xubxeyuena Amendment(s)) lhnt "t fs a of a, S v b44g 095. and agrees to comply wi[h the pmvisio to Provide m'aof of a mllment i, 'Phe Employment EI Depnrlment oC Homel nd Seeurity in Partnership with the the Vendor's proposnVbid. Sta[e of PlarWn _ Coanly of I Issues <speci «cnlly rn the ooperated by the f submission of Rvcon Conatructlon, lnc. -yl1 �_ Company Namc r •/ Signwhtras fC atrueaon-Fort btYe Print Names end Tnlc The o ng instrument was ucknowloAged c4 i�Z��e by means o pb sical , ,ec r O online notarization, 9,is 3��- day oY Onontn), 7 bear). by aP r,n P,an,< nrrerem, aeknnaYl<dg;n�4--_ �//"���n, igna nm o of r aibtic - etc of � oriAa) (Prinq Typo, or Stmnp Commissioned Namc of Nntary Poblia) �m,a)ly Known R Pmducetl IAcntificntion Type of ldentiticn[ion Produfcal � �,...� JESSICA LCAPRIO w*, Nalery PWIIc. Slate O/Flonda `�- 1�, CammleNon No. HH 380850 My Commlyelon Eaalres: 4/25/202I �1Q FORM 12 - BIDDERS CHECKLIST IMPI>RTANT: No bid shall be considered unless it is made on unaltered 6[d forms which a c fncluded In [fie Bidding Documents. Please read car¢fuily, s[gn In the apac¢a indicated and reb r avitb your 8[d. FAILURE TO PROVIDED THE BID DOCUMENTS MAV BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON- RESPONSIBLE. Bidder should check oFF each of the Following items as the necessary action is comploted: 1. The Bad has been signed. 2. The Bid prices ofFered have been raviewad. 3. The price extensions and totals have bean checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have bcen included. 6. Any tlolivery information required is included. 9. The Following on -lime standard documents have bean raviewad and accepted in BidSyne: e. Constmation bid ins[mctions form b. Constmction services agreement Purchase order torma and conditions 8. All of the following b:d forma have been completed and signed: e. Bid Porm (Porto 1) b. Contractors Kay Personnel (Form 2) Material Manufacturers (Form[ 3) d. List of Majoz Subcontractors (Form d) Statement of 6xpariance (Form 5) f. Trench Safety Ace (Form 6j g. Bid Bond Porm (Form 9) h. Insurane¢ and Bonding Requirements (Form 8) Conflict of [nlarea[ Affidavit (Porto 9) j. Vendor Declaration Statement (Forth 1 O) k. Tmmigratien Law Affidavit Certification (Form 1 I) MUST bs signed and attached with your submittal. 1. Signed Gran[ Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. 9. Copie of required information have been attached Business taz Receipt (Collier Comnty Businesses Only) b. Company's E-Verify profile page or memorandum of understanding Certifiaatc of Authority to Conduct Business in States of Florida (.vunb:z.org) d. Copy of valid and curent Florida General Contractor's License e. Any required professional licenses —valid end wrenY (myfloridelicanse.cum) (i.e., Underground Utility entl Excavation, Builders, Trade Contrnctors, Uc., as applicablq requested anaior regairea.) £ Vendor W-9 Form ]O. If required, the amount of Bid bond has been checked, entl the Bid bond or cashier's chock has b«n submitted. 11. Any addenda have bcen signed and acknowledgem¢nt Porm attached end included. 12. The Bid will be uploaAed in time to ba received no later than [he specified d d , otherwise the Bid cannot be considered. CAO DOCUMENT# F07000001732 Entity Name: RYCON CONSTRUCTION, INC. Current Principal Place of Business: 2501 SMALLMAN STREET SUITE 100 PITTSBURGH, PA 15222 Currant Mailing Atldress: 2501 SMALLMAN STREET SUITE 100 PITTSBURGH, PA 15222 VS FEI Number: 26-160f 544 Names and Adtlress of Current Registered Agent C T CORPORATION SYSTEM 1200 SOUTH PINE ISIANO ROAD PLANTATION, FL 33324 US FILED Jan 27, 2023 Secretary of State 3462592238CC Certificate of Status Desired: No Tire aCow nafnetl enOfy subnufa fhs afebmenf bf IAe purpose of ehenp/,g /!a fvp/a[afsd afBea or raplafafetl egenf. or Go(h, In fhe Sfafa of Flwlda. SIGNATURE: Eleclranlc SlOneluro of Reglate/atl ggent Defa Offfcar/Director Detail Tllle CEO Nema SABATOS. JOHN W Adtlrass 2501 SMALLMAN STREET SUITE 100 CI[y-State-Zip: PITTSBURGH PA 15222 Title COO. SECRETARY. PRESIDENT FL DIVISION Name MONTEZ. KEVIN Atltlresa 159Tt SW l2TH STREET SUITE 205 Clly-State-Zip: SUNRISE FL 33328 TIOe CFO Name GRING, GRETCHEN C Atltlresa 2601 SMALLMAN STREET SUITE 100 Ci(y-S[®re-Zip: PITTSBURGH PA 15222 `amm enB�Mttiaor �rsebrdeM maigievon �u�s �aee/wr o�4va�eo e�powefva meerasvvm ,�Hre�eer�eo�wA/`e're criigar jai Fro�f✓n 's'iau'�u.'erie/ineiamy eme eppiam SIGNATURE: GRETCHEN GRING CFO 01/27/2023 or sianina ofncenolremor Defan Dare CAO L_ �� i w ��I z � O z � � � o _ w � `,E W � H ''�"' �_ �n a� � J O 0 � d � i Q � it o `° Z C7 0 ¢ � I; ! v � _O Z_ w v~i � o '�, o E $ Q W W w� J z o .�i �� �o � M � T .L... p I c � d W ". � F- H a (.7'.'i �=7 �_ cam--' O� a W pip � � Z l..J �.-Q � rc .� LL Q � w v � Fes- ¢ .�. �� ,:: � o 0 LL Z N =� Q. ti p_ m ,�, r _ v � O¢ 0 O a ��_ O¢� h�!!0 o c ate-+ Q W Z � � Z N� , W Q � a�-� � �� Z Z � `� � � O� 1 Z Ij � u A c/'f � 0 Z O Q � N a � V II� � � o � �� J Z � W � 0 �_ O � � � 2 3 1--- �"' w � � ¢ N yZj Z lZw7 p _c_ s c °�' tj G O w d I �_ � V � o i o a t � W I- z 0 oq F�u � wy � �� III �' �, _ate= o z ao :..: B/27/23, 1:98 PM My Company P.o81e i E-Varlfy � An official website of the United States govamman[ H eras how you know E-VeriF)/ Menu My C�'oure g�cln� AaCCQUnY, My Company Profile Company Information Company Nam® Rycon Construction, Inc. Doing Business As (DBA) Nama Rycon Construction, Inc. Company lD 603508 Enrollment Date Sep 26, 2012 Employor Identification Number (EIN) 25Y60'1544 Unique Entity Identifier (UEI) DUNS Number 603780178 Total Number of Employees 500 to 999 NAIL$ Code naps:ne�a.ny.usda so�ian�unucpmpanyip.oma va CAO BYL7/23� 1:Y8 PM 236 Sector Construction Subsactor Construction of Buildings Edit Company Infiormation Employer Category Employor Category None of these categories apply Edit Employer Category Company Addresses Physical Address 2507 Smallman Street Suite 700 Pitts hurgh, PA 75222 Melling Address Same as Physical Address Edit Company Addresses My Company Pro81e i E-Vetly httpa://evetlly.uncls.9oNecccunVcompany/pmfll¢ �.�Q 8/29/23, t48 PM My Company Prol11¢ I E-V¢rIy Hiring Sites Number of Sites 9 Edit Hiring Sites Company Access and MOU My Company is Configured to: Verify Its Own Employees Memorandum of Und orstanding View Current MOU M1ttps://av¢rily.uscls.gov/accounVcompany/purple 3/3—Ap W�9 Request for Taxpayer owe Form to the Fprm Identification Number and Certification raggaatar. oo no< IRa... odaba.:a,a> sans to the IRS. °iern:i Aevem.e semaeuy ► ap to www./re. gpv/FormWg fOr Inatruc\lone entl the latest InfOlmanOn. Name (ae abown on your Inuoma lax.almn). Nema la raqubetl on tM1la Ilna: do nOl leave this Ilne blank. z avabaaa name/alareeawea emuy name. gdxerent rrom aboya a CM1wk appmptlata box br /atlpal tax cleaalacellon o/ the parean whoae.bma le ante.eG an Ilne 1. ChwM ony ens at <ba 9 Exempllone (cotlaa apply ony to bllowln0 seven boxes. fain entltlea, net Intllvlduele: sea vatlona on page 3): Intllvbual/sole proprietor or O CCorpavallon O SCarporaxon 0 PertnereM1lp OTmaVeatete single -member LLC Exempt payee coOe QL en•A BQ Llmite0 liability company. Enter ma tax clasallicatlon (CSC wrparexon. 8=B rorporetlan. P=Pannamnlpj � `0 2 Nob: Chink the appropriate box In the Ilne above for the tat daeallica[bn o'tha eingle-member owner. Do not check Exemptbn Imm FNTCA reportlnB Yn LLC IL thLLC M1et la b V btlfetlerel tax OlM1snvlza. LLC that code (1/ any) m0ltlla epameal/rom the owns pmpoaea. atalrglen�rnembw � road M1om txe owner ehoub chxk the appropriate box fp the lax elesallbetlon o/ Ile owner. ar (sa na)r fgepu.nv'mr,n.mw,nmua..�uw 6 Add ¢a (number. street. entl apt. or sulfa no.) Sea Inahuoxona. Requeab/c name entl adtlraae (optloneg Al nllmsn Gtme65Wm tp JS B Clty! elate, entl ZIP wtle mearak. Fn r T oat amouna numbar(aI ae.a (optbnep Tax a ar Identification Nnmbar IN Enter your TIN In the sppraprfeta box. The TIN provided must maten the name glean on Ilne l to evald backup wltnboldln9. For Intlivltluels. this le generelly your aodel saopnty number (SSN). However. for a resident alien, sole proprleto0. or tllsrageftled entity, eaa the Inetructlona tar Part 1, later. For otbsr entitles. IL Is your employer Itlentlgaatlon number (EIN). I/you tlo not have a numbeL see How to get a T/N, later. Note: If the account la In more tban arts name, see the Instmctlona /or Ilne 1. Also sea Whet Nama and Number To O/va the Requester (or gultlellnea on wboae number to enter. ,. Tha number shown on this form le my conact taxpayer ItlantlHcatlon number (or 1 em welting for a number to be issued to me): and 2. I am not aublect to backup withholding because: (e) I em euemp[ from backup witbholtling, or (b) 1 have not been noHHed by the Intamal Ravenna Service (IRS) mat 1 am subJact to backup w9M1holtling as a result o/ a failure t0 report all interest or tllvltlentla, or (c) the IRS has notified me that 1 am no longer subJect [o backup wl<hholtling: end 3. 1 am a U.S. cl[Izan or Omer U.S. parson (defined below): entl 4. The FATCA cotle(s) enmretl on this form (If any) IntllmHng tnat 1 am exempt from FATGA raportln9 la covact. Cerlificaflon inatruotlone. Vou moat cross out Item 2 ebwe if you have bean noHHatl by tna IRS inet you are cunenlly eubfaat to backup whnhclding becawa eon tlaitlonalo�abentlonmenllt o! aecueetl tlivlpdpentle on your tax Mum. For reel estate <rensactlons, Item 2 dose not apl�. For(mo' g� glnterestypepl�ymeMB other than Interest and divide prr,M(requl nd [loaell n of deb[, conblbullona to an Intllvldual Mbamant amen sn[ IRA, d anerell Otlrs,-you am gn ma cerHllcagan; but you must provWe your correct TIN. Sea the Instmcgans for Pan Ih later. General Instructions seaman rera.ancea are to the lbbrna yanae coda anises gme.wlse notes. Future tlavalopmanty. Far tba latest Informetlon about developments related to Fortn W-8 end Its Inahuctlona, aunb ee laglalv9on enacted attar tney were publlebatl, go to www./re.gov/FomrWB. Purpose of Form An IndWlduBl Or entity (Form W-9 requester) wn0 I8 required tO IIIB an Imorma9on fatwn wim tna IRS must obtain your corrxt tvtpayar Idan[IflcetlOn number (TIN) wblcM1 may ba your acclal eacudty number texSpayardltlantlflcetbpn numbertl(ATN), or employer Id)en�lcpatbn numbx (EIN), to report on en Information ratum ins amount paid to you, or Diner unt reportable on an Informetlon Mwn. Examples oT Informetlon eturna Induda, but ere not limited [o, the followln8. • Fonn tOBB-INT (Intarast ¢amatl Or pBIC) � oy/m/a3 • Form 1099-DIV (dlvltlanda, Includin8 [boss imm stocks or mutual tunas) • Form t089-MISC (various typae oT Income, prizes. awards, or Oross proceeds) trans c Iona by(btokk o, mutual fund sal¢a entl certain other • Farm ,099-8 (pmcaetla from teal eetatB [mneactione) • Form 1099-K (m rchant card and [hVtl party network traneac9ona) • Form t086 (home maKOaga Imaraet), 1098-E (student loan Interest), t O9B-T (tuition) • Form 1O89-C (cancaletl debt) • Form 10BB-A (acqulalHon cr abantlonmant of eecuretl property) Usa Form W-9 only 11 you era a U.S. parson (Including a resident alien), to pmvlda your comae( TIN. /f you do not m[um Form W-9 to the requester w/[h a T/N, yov m/ghf ba sub/act [o lockup w/thbokY/ny. See What la backup witbholtling. /star. Cel. No. 10231X CAO EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Mika Smith Julie Irvin Personnel Cateaory Construction Superintandant Project Manager io Cons[nacl�on Sarvlcas ABreamanl: I2023_ver.2l B e- u LI B D Bond No. 09444'106 Contract No. 23-5105 KNOW ALL MEN BY THESE PRESENTS: That Rycon Construction, Inc. 250t Smallman Street, Sui[a '100, Pittsburgh, PA '15222 ae Principal, entl F'Tda ty an epos t ompany o ary an as Surety, localatl at '1299 Zurich Way. 5th Floor. Schaumburg IL 60'196-'1056 (Business Atldreas) are haltl and firmly bound loT^ve^•ra ^r ce,.,.m cammi.ao., uny.nwae as Obligee in iha sum of _Nina mnuon Four Hu,mrea sixr rLFour Tnousana roar Hunarea nrty six ana oonooc ($ 9 464 456 00 )for the WHEREAS, Principal has entered Into a contract dated as of the _day of 20 with Obligee for cauar couap. rare aaa ems sunon vs, mmr.non m ate rvo. 2s-s+os in accordance with drawings and spacificatlons, which contract Is incorporated by referents and matle a part hereof, and Is referred to herein as the Contract. THE CONDITION OF THIS BOND Is that if Pdncipal: Promptly makes payment to all claimants as defined In Section 265.06(7 ), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of iha work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes In or under the Contract entl compliance or noncompliance with any formalities connected with iha Contract or the changes do no[ affect Burettes obligation under this Bond. Tha provislone of this bond era subJect to the lima limitations of Section 255.05(2). In no av¢nl 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 ba filed by claimants. IN WITNESS WHEREOF, the above parties have axecutatl this instrument this 3tt>— day of December 20 23 ,the name of each party being affixed and these presents tluly signed by Its under -signed raprasanlative, pursue nt to authority of its governing hotly. tt Conv4uclloa avMcas AOreemanl: ISOS3_ver.21 C AQ Signed, sealed end delivered In the presence of: ^� VNtne sas as to Principal STATE OF PLMS- V� : �. COUNTY OF �� H-/F�_� PRINCIPAL Rycon Construction, Ina 1F3 \�y��_,a�,�^� The foregoing Inatmmant was acknowledged before ma by means of 4 physical presence or O Online notarization, thla 4th day oT December 20 23 by � � 4y\ eN`G.A�� G O ., r., ,...«.. 1.. Pw w+r corporaton, on behalf of the corporation. Ha/sha is personally known to me OR has prc as Idantiflcalion and did (d take an oath. My Commission Expires: � ��I� eommon..•aitnmP•n rl.•nl.-Not•ry s•.1 (Signs ure of Notary^Public) nanlall•Ault, Notory Public NAME: ���+�� 1'yUt} Allegheny County MY •o Comm a•o n inumbar 13T9683� 2g24 (Legibly Printed) Member. Pannay+venl• As•ocl•+ion of No+en•• (AFFIX OFFICIAL SEAL) ATTEST: Witnesses ro Surety Notary Publle, State of Commission No.: - S V RETY; Fid liw d D 't C f Maryland (PHntad Nama) t299 2urfch Wa t oor c aumbum. IL BOt96-1056 _ (Business Address (Authorized Signatu ra) (Printed Nama) tz conawrai•n s•rvlca• neream•nc lzoss_vr.zl CAS T �Attornay 1 act (Attach Pow Attorn Geno Dl Millo, Witness Andrew Bly, Attornaytin-FaeF Witnesses (Printed Nama) Alliant Insurance Services, Inc. '150'I Readatlala SireaC Suite 3 OS ttabumh PA 15233 (Business Atldrasa) (412) 522�1550 (Telephone Number) STATE OF COUNTY OFPlease sae attachatl Surety Notary Acknowledgment Tha foregoing Instrument was acknowletlged b¢fora ma by means of O physical presence or O online nolerfaalion, this tlay of 20_, by es of a corporetlon, on behalf of the corporation. He/she ]s personally known to ma OR hae protlucad es Itlenti/lcation and dltl (tlid not) take an oath. My Commission Expires: (Signature of Notary Public) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State Of: Commission No.: t3 Connlmumn ^wrvlCes ABraemenc 12a23_ver.Y] CAO ALL-PURPOSE ACKNOWLEDGMENT State of Maryland ss County of Hayford On LJe<e.�,� y 7AZ3 before me, Michele Alban. Notary Public, personally appeared Andrew Blv. Attorney -in -Fact .who proved to me on She basis of satisfactory ¢yid ante to be the person(�s� whose names) is/ase subscribed to the within instrument and acknowledged to me that he;-�r executed the same in his'-��'^^:c authorized capacity(ies), and that by his/''�^_.R/�.MsSa signature(sj on the instrument the person(s�, or the entity upon behalf of which the person(-s) acted, executed the instrument. WITNESS my hand and official seal. L Signature: Mic11E1,e wLeaa MicOtel� Alban. Notary Public (Seal) hnt.ary Public-Stat¢o(Marylantl narrora caan<y Commission Expires OS/07/2027 .Ny Comm15510n Eotplre5 May p, 2029 ZURICH AMERCAN INSURANCE COMPANY COLONIAL AMERICAN CA8UALTY AND SURETY COMPANY FIDELITY AND DEPOfiIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THE3H PAESEN'18: That fhe ZUAICH AMERICAN MSURANCE COMPANY, a corporation of the State ofNaw York, the COLONIAL AMHRICAN CASUALTY AND SURETY COMPANY, a corporation oPtlro State oPlllinois, and tfie FIDELITY AND OBPOSI'f COMPANY OP MARYLAND a corporation of the Scat¢ of Illinois (herein collectively called the "Companies"j, by Robert D. Mumay, V tee Presidenh in Pursuance of authority granted by Artfcl¢ V, Section S, ofthe By -Laws of saitl Companies, which are set ford[ n the reverse side hereef end are hereby certified m be N PoII force and effect on the data hereof, do hereby nominate, constitute, antl appoint lames L. HLV, Andrew BLY, Pamela L. NUNEZ, Daniel A. PAPAlCIK, Abigayle SIMKIN, Ryan BURKE, Emily WILSON of Pittsburgh, Pennsylvania, its [rue and IawPal agent and ADornry-N-Fact. m make, execute, seal and deliveq fop antl on ib behalf as aumty, end as its act and deed: any and all bonds and undertakings, and th¢ execution of such bonds or undertekir.gs in pursuance of[hese pruents, shall be es binding upon said Companies, as fully utd amply, to all intents antl purposes, as ffthry had been tluly ¢xecu[etl m.d acknowletlgetl by the wgulmly elected officers of the ZURICH AMERICAN INSURANCE COMPANY et its office in New Vork, New York., the regularly elected otFcerx of [he COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office N Owings Mills, Maryland., end the regularly ¢leered otRce[a ofthe FIDELITY AND DEPOSIT COMPANY OP MAAVLANp at its office in Owings Mills, Marylantl., in [heir own proper persons. Tha seitl Vice President tloes hereby certify that Na extract set forth on rho reverse side hereof is a true copy of Article V, Section B, of the By -Laws of saitl Companies, and is now in force. M WITNESS W[iEREOF, the safd Vice -President Mas hereunto subscribed hisAser names and etRxed the Corpomt¢ Seals of the said ZUAICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, antl FIDELITY AND DEPOfiIi COMPANY OF MARYLAND, this 291h day of August, A.O. 2023. .ar...ie+v�wi•. .fig �T�y.�.�p�y.W_.....��",b, a� z' ��cQP q� gSggy�a rP 4 ,g o u��+� Y,.... eo qs= s� SEAL ✓ F }14j SFALm I� 3F�L�€ ermya�ux,s�o"` Y+ssn'aw,cw".a..u�}�' a. mom¢ .......m... h..........xo� ATTEST: Zl1RICH AMERICAN 1NS UAANCE.COMPANY COIANtAL AMERICAN CASUALTY AND SURETY COMPANY 1>IDBLI]'Y AND DEPOSIT COMPANY OP MARYLAND �� �� By: Rnbw�f D. Musvxry Flea PreaJdanr , �� tr � >�. By: Dawn E. Drown Secretory State of Maaylantl County of Baltimore On thin 29th day of August, AD. 2023, before Ne subscriber, a Namry Public of the Sm[a of Maryland, duly commissioned end qunlifSeQ Robert D. Marray, V ree Preatdmr and Dawn H. Beawn, Secretary of the Companies, to me personally known to be the individuals and otPmrs described in eM who ecuted the pmceding insbumen[, end ecknowletlged the execution of xemq end being by me duly s m. deposetb xnd saitA that he/she is the said oiicer of the Comparry atOrasaid, end that the seals affixed [o the pruedin6 inv[nament are the Corpomte Suls of said Campania, vnd Nat the said Corporate Sala v�d the signature as such officer were duly af5xetl and subscrbed to the aid inaW meet by the authority antl dimc[ion oftha Seid Corpornfions. IN TESTIMONY WHEREOP, I M1eve hemunto set my hand end affixetl my OTiciar Seal the day end year t5nt above writta n. Genevieve M. Moi.con �}`¢�_ OENEVIEVE M. MAI80N -�( Puetiu Nmurcrveue � ..,9tT�lR= Authenticity of this bond enn be co..Rrmctl nt hondvalidstor.zurlchna.com or 410-559-8090 EXFIIBIT B-2: PUBLIC PERFORMANCE BOND bond No. 09444108 Contract No. 23-8105 KNOW ALL MEN BY THESE PRESENTS: That Rycon Construction, Inc., 250'I Smallman St. Suite '100. Pittsburgh PA '1522� as Princlpal, and Fidelity and Daoosit Company of Maryland as Surety, located at and to the sum of _) for the payment whareo(we bond ourselves, our helre, executors, personal successors and assigns. Jointly and severally. WHEREAS, Princlpal has entered Into a CAntfeCt dated ea of the day of 2D with Obligee for Collier County Firo and EMS Station 74. Invitation to Bid No. 23-8'105 In accordance with drawings and apacificetiona, which contract is incorporated by reference antl made a pan hereof, and Is referred to herein as [ha Contract. THE CONDITION OF THIS BOND is that if Principal: t. Performs the Contract at the limas and In the manner prescribed In the Contract; and 2. Pays Obliges any and ell losses, damages, costs and attorneys' fees that Obligati sustains because of any default by Principal under the Contract, Including, but not limited to, all delay damages, whether liquidated or actual, Incurred by Obllgea; antl 3. Penorms the guarantee o(all work and materials fumishetl under the Contract for the time speclFletl In the Contract, than this bond is void; othanrvise It remains In full force. Any changes in or untlar iha Contract and compliance or noneompifanca with any forrnalilies connected with the Contract or the changes tlo not aRect Sureties obiigatton under this Bond. The Surety, for value received, hereby stipulates antl agrees that no changes, extensions of time, alterations or additions to the farms of the Contract or other work to ba penormetl harauntler, or the speciFlcalions referretl 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 iha Contract or to work or to the apecificetiona. This Instrument shall ba 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 [his bond. In no avant will the Surety ba liable in the aggregate to Obligee for more than the penal sum of this Performance 6ontl regartllasa of the number of suits that may be tiled by Obligee. IN WITNESS WHEREOF, iha above parties have executed ihla Instrument This 4th day of December 20 23 the name of each party being aHixad and these presents duly signed by its undersigned rapresantatiya, pursuant to authority of Its governing body. 19 Cenalrucllon aervlcee Apreamanl: 120P9_wr.21 L�At ) Signed, sealed and delivered ha presence of: _ t wtnassas ea to Principal _ � �I:�llliiii)illlll .. STATE OF P � t:G COUNTY OF �� Tha foragoing Instrument was acknowledged before ma by msana of � physical presence or O online n4tarizalion� , Ihig 4th day of December 20 23 by teKa an oatn. My Commission Expires: Commenwealtn er PanN ;B�vP�Nblotary Baal panlelle Ault, AllaBbenY Courtly My pommisatan axplran Nwamber23, 2024 Commisalon number t 379663 mGa/. Penneylvanla Acaoaletlon M Notaries Ma (AFFIX OFFICIAL SEAL) ea (tlid not) r )llll (if_lI P1lJ�"� (Signature of Notary Public) Names: ��L.n� �-\,2 IRJ l }' (Legibly Printed) Notary Public, States of: Pa" Commission No.: 1 �""l�r �' 3 t6 CenenUGtion SafVlcea Agraamanl: (10g3_vOr.2) cno ATTEST: Witnassas as tc Surety Gano DlMillo, Vlfitnass Witnassas STATE OF COUNTY OF SURETY: Fidelity and Deposit Company of Maryland (Printed Names t 299 Zurich ay 5th Floor S h bu IL 60796-7056 (Bualnesa Address) (Authorized Signature) (Printed Nama) OR As Attomay in Fa (Attach Power o Attorney Andrew Blv. Attomav-in-Fact (Printed Name) All"an[ Insu ranca Services Inc. 1501 Raedadale Street. Suite 3005 Pittsbureh PA 15223 (Buslneas Address) (472) 522�660 (Telephone Number) 'Please see attached Surety Notary ACKnowladgmant Tha foregoing instrument was acknowledged before ma by means of O physical presence or O online notarization, this day o/ 20_, by as of a corporation, on behalf of the corporation. Ha/ahe is personally known [o me OR ' has produced as idantiiicelion and did (did not) take an oath. My Commisalon Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public) (Legibly Printed) Notary Public, States Of: Commission No.: is Conaln.clbn aervlms Ag�aemenl (2a83_�ac81 t""A O ALL-PURPOSE ACKNOWLEDGMENT State of Maryland ss County of Hayford On VeL�..cba�.�� before me, Mi h I Alban Notary Public. personally appeared Andrew Blv. Attorney -in -Fact .who proved to me on the basis of satisfactory evidence to be the person(s� whose name(sj is/ase subscribed to the within instrument and acknowledged to me that henla�r executed the same in hi;c'r�.�--..�-`��.�l� authorized capacity(ies), and that by his/'�-.. 'gym sign atu re(s� on the instrument the person(, or the entity upon behalf of which tt.e person(-sj acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal uicnEi.E wuvr+ Mich¢le iAlban. Notary Public 4 Nocary riia�iora c�ua Marriane Commission Expires OS/07/2027 ' "y Commission ExpM1res May 7. 202'1 ZiJRICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND 3URETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARVLAND POWER OF ATTORNEY KNOW ALL MHN BY THESE PRESENTS: That the ZUR[CH AMeIUCAN INSURANCE COMPANY, a corpo+adan of Ne State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of [he Slam oPlllitwis, antl the PIDHLITY AND DEPOSIT COMPANY OP MARYLAND a corporation of the S[em oFlllinois (herein collectively celled the "Companies"), by Robert D. Murray, Vice PresitlenS in pursuance of authority granmd by Article V, Section 8, of the By -Laws of said Companies, which ere sat forth n the mverx side fiereoCend ere hereby certified to ba in full force and effect on [h¢ tlem hereof, do Dereby nom'umte, constimm, and appoint lames L. BLY, Andrew BLY, Pumola L. NUNEZ, Daniel A. PAPAJC[K, Abigayle SIMKM, Ryan BURKB, Emily WIL30N of Pi[tabnrgfi, Pennsylvania, its [rue and lawful agent end Atmmey-in-Pecs to [nake, ezecum, xel and delive4 for, end on its behalf es surety, tmd as its act end deed: any and all Donda antl undertaadnga, end the ¢xecution of ouch bontls or undertekinge in pursuance of [base presents, shall be as binding upon said Companies, as fully and amply, m nll intents antl purposes, as if thry had bran duly orecuted and ecknowletlgetl by the regularly elected of£cera of the ZURICH AMERICAN INSURANCB COMPANY at its oftice in New Yark, New York., the regularly elecmtl ofBcero of No COLONIAL AMERICAN CASUALTY AND SURETY COMPANY e[ :ts office in Owings Mills, Maryland.. end th¢ regularly elecmd afYcers oftbe PIDBLITV AND DEPOSIT COMPANY OP MAAVLAND at its office in Owings Mills. Maryland., in their own proper persons. The said Vice President deea hereby certify that the exvact set forth on She reverse side hereof is a vua copy of Anicle V, Section e, of the Hy -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the aaitl Vice -President has heretmm aubacribed his/her names and affixed ibe Corporeta Seals of [he saitl ZURICH AMERICAN INSURANCE COMPANY, COLONWL AMERICAN CASUALTY AND SURETY COMPANY, antl FIDELITY AND DEP03lT COMPANY OR MARYLAND, This 29th tlay of Augu�sft, A.D. 2023. S3` u� ^��` t3v �f. i P�` oveo�. oleo 0 _ mpp a SF�rlm 'j� SEAL E��r'sHAI =f �a .w 4'+� w�e...w�.a `4:................====ATTEST: yIIRICH AMERICAN 1NSVRANCE� COMPAN V COLONIAL AMERICAN CASUALTY ANO S V RHTV COMPANY FrOHL1TY AND DEPOSIT COMPANY OF MARYLAND �-� U By: Robn�f D. Nhrrrry F(c¢ Pres(de�n`rp �Guvs(i � -CJ-(� t`'--'- By: Onfrn E Brown Secretary Slate of Maryland County of Baltimore On this 29[h day of Auguaq A.O. 2023. bofbra [he subacribeq a Notary Public of [he gtata of MaryleM, duly wmmivioned antl qunlifleQ Robert �. Murray. Vtee PreaWenf and Dawn E. Hrawn, Secretary of the Compeniu, to me penomlly known to be the individuals antl ot£ears describetl in end who uteri the ➢recetling inatmmmi aad aeknowletlged Me umu[ian ofsamq end being by me duly awom, depose[6 and sai[b, that he/Ne is Ne acid o�mr of [he Comperry afbresaiQ end that the seals affzed to th¢ preceding ins[mment am the Carpom[e Seals of said Companies, antl Net [he said CORomt¢ Seols and [he signature as suoh off er wem duly ef}ixed end subscdbed m Ne mid imwment by Ne evihoriry arM dime[ion afNe said Corpomtionc M TESTIMONY WFiHREOq 1 have Dewunto x[ my hand and al6zed my O(Hciel SUI the dry and year f5m above written. Gen¢vietre M. Mai core �y� � OENEVIEVE M. MMItiON c _ Awthentici[y of this bond cwn bo confirmed at bondvalida<or.zur:chna.com or 410-559-8990 EXHIBIT B-3: INSVRA NCE REQUIREMENTS Tha Contractor shall at its own axp¢nse, carry and maintain Insurance coverage from responsible compani¢s duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. Tha Contractor shall procure and maintain property insurance upon the entire project, if required, to The full insurable value of the stop¢ 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. Tha 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 meat 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 saverability of interests provisions. The Certificate Holder shall ba named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Colllar 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 Colllar County. The amounts and types of insurance coverage shall conform to the minimum raq uirements 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 raq wired 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. Coverages) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. Tha Contractor and/or its insurance carrier ahall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or fhe Contractor. The Contractor shall also notify [ha County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or malarial 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 egg regale limit of any policy to be provided by Contractor hereuntler, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted untler such policy. Should at any lima the Contractor not maintain the insurance covarage(s) required herein, the County may terminate the Agr¢ament or at its sole discretion shall be authorized to purchase such coverages) and charge the Contractor for such coverages) 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 to Consivclion 5®rvlcas Ag�aemenL 12023_vac2] C'A 0 Contractor untlar 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 coverages) purchased or the insurance company or companies used. The decision of the County to purchase such insurance covaraga(s) shall in no way be construed to ba 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 Certificates) of Insurance not later than tan ('I O) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificates) shall be considered justification for the County to terminate any and all contracts. is conatmcnan serwces nsreamanc Izoza_ver2l CAO EXHIBIT C� RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Betore me, the undersigned authority, personally appeared being tluly sworn, deposes and says: after ('I) In acwrtlance with lM1a Contract Documents and in consideretlon of $ to be recelved. <"Contractor") releases and waives for Itself and It's subcontractors. matarial- men, successors and assigns, all claims demands, damages, costa and expenses. whether In contract or in tort, against the SoaM of County Commissioners oT Collier County, Florida, relating In any way to the performance of the Agreement between Contractor end Owner, dated .20 for the period from to . This partial waiver and release Is condltionetl upon payment of the considaratlon described above. LL is not affective until said payment is recelved in paitl Tunds. (2) Contractor certifies for Itself and Its subcontractors, material -men, successors and assigns, that all charges for labor, materiels, supplies, lands, licenses and other expenses for which Owner might ba sued or for which a Ilan or a demand against any payment bond might be filed, shall be fully sa[Isfled and paid upon Owner's payment to Contractor. (3) Contractor agrees to Indemnify, defend end save harmless Owner from all demands or sulfa, actions, claims of Ilens or other charges Fllad or asserted against the Owner arising out oT the performance by Contractor of [he Work covaretl by [his Release and Affitlavi[. (4J This Release and Affidavit is 9Nan In connection with Contractor's [monihlyMnal] Application for Payment No cK ae��czcac BY: ITS: _ DATE: Witness STATE OF COUNTY OF Prasitlant [Corporate Seal] Tha foregoing Instrument was acknowledged before me by means of O physical presence or O online notarization, this tley of 20_, by as of a corporation, on behalf of the corporeilon. He/she Is personally known fo me OR has produced as iden[Iflcetlon and tlid (did not) [eke an oath. My Commission Expires: (Signature of Notary Public) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, States of Commissioner No.: 1a Canstructlon 5enricea Agr¢amenl 12o23_vec2] CAO EXHI6IT D FORM OF CONTRACT APPLICATION FOR PAYMENT Co//tar Coun! Boerrl of Count Comm/ssloners the OWNER or Co/Ner Coun Water Sewer Owner's Protect Mena er's Name: Bid No. Pro act No. Count 's Division Name Purchase Order No. Submitted by Contractor Ra resentative: Name Application Deta: Contractor's Nama & Address: Payment Application No. Ori Inal Contract Time: Ori Inal Contract Price: $ Revised Contract Tima: Total Chan a Orders to Data: $ Revised Contract Amount: $ Total Value of Work Completed & Stored to Date: $ Retalnega �5% through Insert Date $ Retainaga � 5% through [Insert date $ Ratainaga � % after Insert tlate $ Lass Ratainage $ Total Earned Lass Rataina a $ Lass revious a ment s Parcant Work Completed Yo Date: % AMOUNT DUE THIS APPLICATION: $ Parcant Contract Tlma Com Iatad to Data: % Liquidated Damages to Be Accrual $ Remalnfng Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING OOCUM ENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: Tha undareignetl CONTRACTOR xrtifiea that: ('I) all previous progress payments recelvatl from OWNER on account of Work done under the Contract rafarretl to above have bean epPllatl to discharge in full all obligations of CONTRACTOR incunetl in connection with Wark covvrvtl by pNor Applicagons for Payment numbered 1 [hmugh inclusive; (2) [Via to ell materials and equipment Incorporated in seitl Work or otherwise listed In or roveratl by this Application for Payment will pass to OWNER a[ Lima of payment free end clear of all Ilona, claims, security interests and encumbrances (except such ea covered by Bond acceptable [o OWNER); (3) ell amounts have bean paitl for work which previous payments ware issued and received from the OWNER and that currant payment Is ow due; entl (9) CONTRACTOR has only inclutlatl amounts in <hla Application for Payment properly due entl owing and CONTRACTOR has no[ included within fha above reterencatl amount any Galma for unauthorizetl or changed Work Viet has not been properly approved by Owner In writing entl in advance of such Work. ontrectors Neme on[rector's Si9neturv: Data: ypa Tida: Sha// be s/gned 6y an authoNzed re resentat/va of the Conlraotor. ant b the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is rocommandad b ealgn Proteaslonal's Name: 19natura: Data: a men<to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommentlad nays Projeot Manager Nama- l9natpra: Data: 20 ConaWcllon Services AgreomanC [2024_vec2] CAO o.,,... n..,.. ®� ��C���������� E.e�...uoa m. m. n.,..w....:.m.. w.�i... ao.n..n....: man.. p.o- �:..n.re vo...w w«. a� mro.m.voa aam m. m.<..w a oomw.<..m.,.. ,m.az. o...e.am,, m ai.v....a..:.an..ro.�...no...<.m.am.ortn.x.n.�s. �. reom.c. �.w«.m. m. m.. o.<. amm.. mro.m.noa.n...n.. a.<a. w.a.a m m. s.,�. o.<. �.m.o.. m�::u<...+n« n.. n.n..a.a n.a. m. m..a. m ..e.m.s.. 21 Conslmcllon Sarvlcns Apreemenl {2023_vec2] CAO Exhibit � (Continued) Stored Materials Record Formula:A+B-C-D=E A B C D E Date DeScri tlon Su Ilar Invoice Number Previously Recelvetl Racaivatl This Period Previously Installetl Installed This Parlod Balance To Install az conovucao� sarm�s rsreemene: Izoza_ver.zi CAO EXHIBIT E: CHANGE ORDER G �r G. stxry P cne�sa o.ae Fo.�• o connaat modlmm�oa o wo.a om.. mmm�aanon COMeact #:� ChanOe (/:� P mhvee OMel#:� PmJect#:� CnntracbdFl:m Names: COM:acVProjett: Plojed Mmsgac Nemw ONlelon Nams: Amnu SAP Can\ sctE pballon Oe\e (Mee nt #OIV/OI Total ChanOa M1nm Ori®final Amount Tobl n\ O xolV/ol M1nnpe M1'om Cu:rcnt 6CC Applowd Notica to Ploevad O CIITIPblpun Deb � DabAPPlovetl � (IStl lantl Dachmpe) DeN o ^ � M of Dvya Adtlatl � 9alect Taeka Add new Gah(a) ODeleb bak(s) I�Cnange bek(a) 001baa ana/o Pmpamtl by: (Prv)ect Manapel Neme entl Oia[abn) Date am eM wMhlonahea mMalnea lnalhe conlVecl/wnrk,clmal�lntllea�tetlfettbove e¢(ull rltlan111ietl above aM entl In lhlba aeeeptenee. Tha etlfuetman\. If any. b the Cantmct aM1NI mmll\u[a a MI entl flnel aetll¢mml of any and GI Galma o! IFa COMIadoN VetWON Cw+aultent / Oe¢Ign PlWaselmG atlalnp aM of 01 Matetl 4a Iha che�ge cet IatlM1 hetNn. lntlutlinp delma lo:lmpw[ entl tltlay coat. AceaPbd bY: ab' (Cowactw / Vanaol l Conwltem / OeNpn Pmfexlo�bl end Name IX FlIm. H pb]ett epplleable) Acuptad by: Dales' (peYpn Plolecalonal eM Nenro a! Flrm, if ptojeG appllceNe) Approved by: Deb: (Olvlebn 011edol0l Oealpnee) APPlovatl by: Oma: (Piooubment Prolaaslonal) na.,,ad n,/,n�az,(n.,.I�n,.,ha.,a,,,a,�,...��,,ena�P,,.l,.,ana....�i.,,ae�aane,..,�...at, ��_ 23 CODa(NC[IOO Sarvla»a AgfeamBnb [2023_vaG2] CAO Chanoa Order/Amendment Summary cou AMU/t oa.crtouon CO8T TIME �uae]ecanon aamnve oaaucnva pyyg wew wamaaa: orrrm3o2i to�walon:.vno mar.aomm eaaumnoi alunew.aa mar +rKwae oa saua.nre snag.] =..�or.m.earmeo�.,.., o�:L61... za Constmcllon Services HgraamanC ]2423_ven2] CAO OWNER'S Project No. PROJECT: CONTRACTOR: Contract For Contract Data EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under th¢ Contract Documents or to the following specified parts thereof: To And To Subatantlal Completion is the state in the pro9 ress of [ha Work when the Work (or designated portion) Is s ufflclantly complete In accordance with the Contract Documents so that the Owner can occupy or u<Illza the Work for Its intantlatl use. The Work to which this Certificate applies has been inspected by authorized raprasentatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete fn 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 ba all-inclusive, and the failure to include an Item in it Boas not alter the responsibility of CONTRACTOR to complete all the Work In accordance with [ha Contract Documents. Tha items in the tentative list shall ba completed or correctatl by CONTRACTOR within days of the above data of Substantial Completion. Tha responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, Insurance and warranties shall be as follows: RESPONSIBILITIES: zs Conslnactlon Services Agreement: [2e23_vac2] CAO OWNER: The following documents are attached fo antl matle a part of this Certiflcate: This certificate tloes not constitute an acc¢ptanca of Work no[ in accortlanca with the Contract Documents nor is it a reieasa of CONTRACTOR'S obligation [o complete the Work in accortlance with [he Contract Documents. Executetl by Design Professlonal on 20 Des19n Professional BY: Type Nama antl Title CONTRACTOR accepts [his Certiflcate of Substantlal Completion on . 20 CONTRACTOR ey: Type Name antl Tifla OWNER accepts this Certiflcate of Substantlal Completion on Name 20 2B Constnactlon Servlc¢s Agreamem: I2O23_var.2] EXHIBIT G: FINAL PAYMENT CHECKLIST Bitl No.: Project No.: PO No.: Date: Contractor: The following items have been secured by [ha for the Project known as and have been reviewed end found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Data: Substantial Completion Tima as sat forth in the Agreement: Calantlar Days. Actual Dale of Substantial Completion: Final Completion Tima as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 'I. All Punch List Items completed on 2. Warranties and Guarantees assignetl to Owner (attach to this form). 3. Effective data of General one-year warranty from Contractor is: 4. 2 copies of Operation and Malntananca manuals for equipment end system submitted (Ilst manuals in attachment to this form). 5. As -Built drewings obtainetl and datetl: B. Owner personnel tminetl on system antl equipment operation. 7. Certificate of Occupancy No.: issuetl on (attach to this form). 8. Certificate of Substantial Completion issued on g. Final Payment Application antl Affldavfts received from Contractor on: 'I O. Consent of Surety recaivatl on '11. Operating Department personnel notiflatl Project is in operating phase. t2. All Spares Parts or Spacial Tools provldatl to Owner: '13. Finished Floor Elevation Certifcate provided to Owner: '14. Other: If any of the above is not applicable, Indicate by N/A. If NO {s checked for any of the above, attach axplanatlon. Acknowletlgmenta: 6y Contractor: By Design Professional: By Owner: Names) (Signature) (Typetl Name &Title) (Firm Names) <Signatura) (Typed Names &Title) (Department Names) <Signature) (Name &Title) 2] ConsWcllon Sarvlces AgreemanC (2023_v c2] /.A� EXHIBIT H: GENERAL TERMS AND CONDITIONS 'I. INTENT OF CONTRACT DOCUMENTS 'I.t 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 ba 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 codas of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the ProJact, 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 performetl, except as may ba otherwise specifically stated heroin. '1.2 If before or during the pertormanc¢ of the Work Contractor discovers a conflict, error or d iscrapancy 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 Trom the ProJact Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or soma other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measu ramants and conditions and other information known to Contmctor with iha Contract Documents bafo re commencing any portion of the Work. '1.3 Drawings era intended to show general arrangements, design and extent of Work and era not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be Intarpret¢d as establishing divisions for the Work, trades, subcontracts, or extent of any pert 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 r¢quiremant upon the Contractor, as determined by the ProJact Manager. Vnless 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 b¢ furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INV ESTI6ATION AND UTILITIES. 2.'I Subject to Section 2.3 below, Contractor shall have the sole reaponsibllity of satisfying itself concerning the nature and location of the Work and the 9erteral 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 Headed preliminary to and during performance of the Work; and all other costs associated with such pertormanca. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to pertorm under the Contract Documents, nor shall It be considered the basis for any claim for additional time or compensation. 2s COnStruCrlOn SBrvlcas H9�eemeN: [2023_vec2l CA O 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 antl utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Vtilities to determine the necessity for relocating or temporarily interrupting any Utilities during th¢ construction of the ProJact. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly snoring, supporting and protecting all Utilities at all times during fha course of the Work. The Contractor is responsible for coordinating all other utility work so as to not intertera with the prosecution of the Work (except those utilltias to be coordinatetl 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 She Project site which era (i) subsurtaca 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 Contrect Documents, and which reasonably should not have been discoveretl by Contractor as part of Its scope of site investigativ¢ services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are tlisturbetl 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 Contractors cost of, or time raqulretl for, performance of any part of the Work, Owner will acknowiatlga and agree to an equitable adjustment to Contractor's compensation or time for pertormance, 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 justifletl, 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 pertormanca, the dispute resolution procedure set forth in the Contract Documents shall ba complied with by the parties. 3. SCHEDULE. 3.t Tha Contractor, within tan (t 0) calendar days after recel pt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress ached ule for the P rojact (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 end 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 updatatl 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 Applicatlona for Payment noted below. The Project Manager's review and approval of the submitted Progress Schad ule updates shall be a condition prec¢dent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be pertormed in accordance with the requirements of ail Collier County Noise Ordinances then in effect. Unless otherwise sp¢cifietl, work will generally ba za COn3lrUCllon Sarvlca8 AgreBTBnI 12023_vac2] limited to th¢ hours of 7 a.m. to 7 p. m., Montlay through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.'I Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review antl approval, a schedule of values basetl upon the Contract Price, listing the major alem¢nts of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall 6a used as the basis for the Contractor's monthly Applications for Payment. This schedule shall ba updated antl submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized rapresantative 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 antl 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 ba submitted no earlier than thirty (30) days after the Commencement Data. Notwithstanding anything herein to the contrary, if approved by Owner in Its sole discretion, Contractor may submit its invoice for any required Payment and Partormanca Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paitl by Contractor for th¢ 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 Protect, but tlelivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Appiicatfon for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has recaivetl the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materiels and equipment are eovaretl by appropriate property insurance and other arrangements to protect Owner's interest therein, ail of which shall ba 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 matla a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment Yo 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 sat forth in Section 2t8.735 F.S., the Project Manager, or Desig^ Professional, shall either: ('I) 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 paitl in accordance with Section 2'18.735, P.S. and the administrative procad urea ¢stablished by the County's Procurement Services Division and the Clerk of Court's Pinanca Department respectively. 4.5 In the event of a total tlenial 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. Tha Owner shall, within ten ('10) business days after the Appiicatfon for Payment is 30 Gonstmcllon Services AgraemeM: [2023_ver.2] CAO stamped and received and attar Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold ratainage on the gross amount of oath 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 ratainage at a rate less than five percent (5%) of each monthly progress payment as otherwfsa allowable under Section 255.078, Florida Statutes. Any reduction in ratainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainaga shall be accumulated end not raleasad 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 ratainage shall accrues 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 Raleasa and Affidavit, in the form attached as Exhibit C, acknowledging Contractors receipt of payment in full for all materials, labor, equipment and other bills that are then duo and payabia 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 bean 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 era 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 Schad ule. 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 Times. 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. 4.70 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowiadgas end agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continua to pertorm 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 era duo and payable. 4.71 Payments will be made for sarviees furnished, delivered, and accepted, upon receipt and approval of Invoices submitted on the date of services or within six (B) 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 "lathes" es untimely submitted. Time shall ba deemed of the essence with respect to the timely submission of invokes under this agreement. 4.72 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for Hoods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card trensaction fees) as a result of using the County's credit card for transactions ralating to this solicitation at Gonclnaciion Services AB�ament [2023_va�1l CAO S. PAYMENTS WITHHELD. 5.9 The Projacf 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 nullity the whale 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 extant 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 FlI¢d or reasonable evidence indicating probable filing of such claims; (c) failu ra of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that th¢ 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 Tima; (� 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.'I. are noY remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expanse. Provided however, in the event of an emergency, Owner shall not ba 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 ralatin9 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 Lhasa 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 partormed of for materials delivered in association with a contract. 5.4 If a subcontractor Is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall ba defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 6. FINAL PAYMENT 6.'I Owner shall make final payment to Contractor in accordance with Section 2'18.735, F.S. and the etlministrativa procedures established by the Cou nty's Procurement Services Division and the Clark of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as sat forth with Section 20.'I herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to Fnal payment, shall have furnished Owner with a properly executed and notariz¢d copy of the Release and AfFldavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other tlocumentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and £nal r¢tainage, the Contractor's Raprasantative 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 ralatin9 to the Project, except 32 COn9llUcgon Sarv�ces HgreBTBnC [2023_vec2] CAC) those previously made in writing in accordance with the raquir¢ments of the Contract Documents and identified by Contractor as unsettled in Its final Application for Payment. N¢ither the acceptance of the Work nor payment by Owner shall b¢ deemed to be a waiver of Owner's right to anforc¢ any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the D¢sign Professional or Project Manager at the time of final insp¢ction. 7. SUBMITTALS AND SUBSTITUTIONS. 7.'I Contractor shall carefully examine the Contract Documents for all raquir¢ments for approval of materials to b¢ submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit ell such materials et its own expense and in such form as raquiretl by the Contract Documents in sufficient lima 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 Hama 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 Ham¢ is followed by words indicating that no substitution is permitted, materials or equipment of other su ppliars 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 Hamad. 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 ba 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 Protect Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, ba similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the ¢valuation and acceptance of the proposatl 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 Projacl) to adapt the design to the proposed substitute antl whether or not incorporation or use by the su bstifute in contraction with the Work is subject To payment of any license fee or royalty. All variations of the proposed substitute From that specified will be idantifiatl in the application and available maintenance, repair and replacement service shall ba indicated. Th¢ application also shall contain an itamiz¢tl 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 consitl¢red by the Project Manager in evaluating the proposed substitute. Tha 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 procetlure 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 acc¢ptabla to the Project Manager, If Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposatl 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 sam¢ as those provided herein for substitute materiels and aq uipment. 33 Conslrucllon Services Agr¢amenC [2023_vrc2j C:�t� 7.5 The Project Manager shall be allowed a reasonable lima within which to avaluete each proposed substitute antl, if neetl be, to consult with the Design Professional. No substitute will ba ordered, installed or utilized without the Project Manager's prior written acceptance which shall ba evidenced by a Change Order, a Work Directive Change, a Field Ortlar or an approvatl Shop Drawing. Tha Owner may require Contractor to furnish at Contractor's expense a spacial pertormance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Docu manta occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Dealgn Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS -GUILTS AND MEETINGS. 8.7 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily l09 of the Contractor's work for the preceding weak in a format approvetl by the Project Manager. Tha daily log shall document all ac[ivitlas of Contractor at the Project site including, but not limited to, the following: 8.7.1 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; 8.7.2 Soil conditions which adversely affect the Work; 8.7.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8.7.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8.7.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down -time); 8.7.6 Description of Work being partormed at The Project site; 8.7.7 Any unusual or special occurrences at the Project site; 8.7.8 Matarlals received at the Project site; 8.1 .9 A list of all visitors to the Project 8.7.70 Any problems that might impact either the cost or quality of the Work or the time of pertormance. 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 ono record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes 34 Corm[mc�lon Sarvlcas A®reementi [2023_var.2] GAO made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately rafl¢ct all field changes that are made to adapt the Work to field conditions, changes resulting from Changes 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 Protect site, shall be accurately located on th¢ annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall ba cl¢an 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 ba delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or ralat¢ to the Work hereunder fora minimum of five (5) y¢ars from the date of termination of this Agreement or the date the ProJact is completed or such longer period as may ba required by law, whichever is later, pursuant to Florida Public Records Law Chapter 1t9 and comply with specifically those contractual requirements in 'I t9.070t(2)(a)-(b) as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLO RIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Divis ion of Communications, Government and Public Affairs 3299 Tamiaml Trail East, Suite 702 Naples, FL 34t'12-5746 Telephone: (239) 252-8999 Email: P blicReco dR pu6atCaDcoll' ntvflgo Tha Contractor must specifically comply with the Florida Public Records Law to: t. Ksap and maintain public records required by the public agency to perform the service. 2. Upon request from fhe public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to b¢ 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 era 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 r¢cords to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confd¢ntial 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 ator¢d electronically must be provided to the public 36 Con¢truCllOn SBNlnas Agra®manl 12023_VBr.2) CAO agency, upon request from the public ag¢ncy's custodian of public records, in a format that is compatible with th¢ information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.2 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project 6y its subcontractors and material -man, as wall 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 ba solely responsible for all construction means, methods, techniques, sequanc¢s, 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 ita fault or neglect, including but not restricted to acts of Natu ra or of the public enemy, acts of govarnm¢nt, 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 req uast a time extension. 9.3 No interruption, intarterance, 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 partorm or Siva rise [o any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agr¢¢s that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will ba the right to seek an extension to the Contract Time; provided, howav¢r, the granting of any such time extension shall not ba 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. 70.'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 Iifa 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 ba liable to the Contractor for any increased compensation without such written order. No officer, employe¢ or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must ba approved by Owner in writing prior to starting such items. Owner will not ba 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 itema era in fact not a change but rather are part of the Work required of Contractor hereunder. 3B ConaFudlon Services Agreement [2023_wr.2] CAO '10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement Is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly pertorm changes authorized by duly executed Change Ordara. Tha Contract Amount and Contract Time shall ba adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 'I 0.3 If Owner and Contractor are unable to a9 ree on a Changes 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 ba adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 'I'I of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 'I 0.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall ba limited to the Contractor's reasonable direct labor and malarial 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 avant 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 coats 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 flftean paroant ('15%). Ail 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. 'I O.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. t O.B The Protect Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an eMansion 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 shell ba in compliance with the County procu rament ordinance and policies and Administrative Procedures in effect at the time such modifications era authorized. 11. CLAIMS AND DISPUTES. 'I'I.t 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 farms 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. 1'I .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 ba submitted to the ProJact Manager within fifteen ('I 5) calendar days after the occurrence of 39 Cona4udlon Servicae Agreement: [2023_vec2] C'AO the avant, 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. 17.3 The Contractor shall proceed diligently with Its pertormance 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 continua to make payments in accordance with the Contract Documents during the pendency of any Claim. 92. OTHER WORK. 12.1 Owner may pertorm other work related to the Protect at th¢ 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 ba partormad 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 expanse 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 noti£ed of the other work. If the Contractor fails to sand the above required forty-eight (48) hour notice, the Contractor will ba deemed to have waived any rights it othewise may have had to seek an eMension 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 ba 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 th¢ others whose work will b¢ affected. The duties and responsibilities of Contractor under this paragraph are for the ban¢fit of such utility owners and other Contractors to the extent that th¢r¢ are comparable provisions for the banaft 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 fiY and proper for integration with Contractor's Work. '13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum eMent 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 limit¢d to, reasonable attorn¢ys' fees and paralegals' fees, to the extent caused by the nagliganca, racklassn¢ss, or intantfonally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the partormanca of this Ag reamant. 13.2 Tha 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 ultimata liability of the Contractor, Owner and any indamni£ed party. Tha duty to defend arises immediately upon presentation of a claim by sa Conslnactlon Services Agreamont 12023_vec2] CAO any party and written notice of such claim being provided to Contractor. Contractors obligation to indemnify and defend under this Article '13 will survive the expiration or earilar termination of this Agreement until it is determined by final Judgment that an action against the Owner or an indemnifled 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 pertormance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bond'nc Rea ulraments form Exhibit B-3 to the Agreement. Further, the Contractor shall at aIi times comply with all of the terms, conditions, requirements and obligations sat forth under Exhibit B-3. '14. COMPLIANCE WITH LAWS. '14.'I Contractor agrees to comply, at its own expense, with all federei, 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 Acl, 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 extant 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 ofpertormanca 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. f 4.2 By executing and entering Into this a9 reement, 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. 'I324; at seo, 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-Variry) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- basetl means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. Tha program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional se[vicas and construction services. Contractors /Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Prof la page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors era also required to provide the Collier County Procurement Services Division an executed affidavit certifying [Frey shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. se Construction Services AgreamanC 12023_vec2] CAO 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 V¢rificatlon System (E-Verify) program visit the following website: htto�//www dhs.cov/E-Varifv. Il 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 firms) racalving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of t 966 as located at 8 U.S.C. t 324, et sea. and re9 ulations relating thereto, as either may ba amended and with the provisions contained within this affidavit. Failure by the awarded firms) 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 t 5.1 Contractor agre¢s to keep the Protect sit¢ clean at all times of debris, rubbish and west¢ materials arising out of the Work. At the complatlon of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Proj¢ct 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. t 5.2 Any existing surtaca or subsurface Improvam¢nts, 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 ba 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 commanc¢ment of the Work. iC�_FY-9 CH:IPd9�1! 16.t 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 ba void. If Contractor do¢s, with approval, assign this Agreement or any part thereof, it shall req ulre that its assignee ba bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assum¢d toward Owner. 17. PERMITS, LICENSES ANO TAXES. t 7.t Pursuant to Section 2t8.80, 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 trensfer(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 aganci¢s when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 90 Cons4uctlon Sarvlcas Agreement: [2023_v®r.2] CA(? 77.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall ba acquired and pall for by the Contractor. 77.3 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. 76. TERMINATION FOR DEFAULT. 18.7 Contractor shall be considered in material default of the Agreamant end such default shall ba 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 Contrect Documents within the time speciflad 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 materiels or to correct or replace such Work as may ba rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) falls to resume Work which has been suspended within a reasonable time after being notiflad to do so; or (8) becomes Insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment fo stand against it unsatisfied for mare than ten (7O) days; or (8) makes an assignment for the benefit of creditors; or (g) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (7O) materially breaches any other provision of the Contract Docu ments. 18.2 Owner shall notify Contractor in writing of Contractor's dafault(s). If Owner determines that Contractor has not remedied and cured the defaults) within seven (7) calendar days following recei pl by Contractor of said written notice or such longer period of time as may ba consented to by Owner in writing and in Its solo discretion, than 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 ba entitled to hereunder or by law, may terminate Contractor's right to proceed under iha 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 expanses, 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 ba 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 costa of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. It 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 ba approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreamant. 78.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expanses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the 6eliaf that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore at CanstNcllOn SONlcss AgraBTOnL [2023_wc21 CAO or ra-tatting the Work, and in settlement, tlischarge or compromise of any claims, tlemands, suits, and Judgments pertaining to or arising out of the Work hereunder. 18.5 If, altar 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 fhe termination will ba deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limitetl 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 (80) days after such payment is due or Owner otherwise persistently falls to ful£II 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, than 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 partormanca under the Agreement. If the Work is so stopped for a periotl of one hu ndrad 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 notica 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 notica, 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 tlate, but In no event shall Contractor be entitletl to payment for Work not performetl 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 tlate of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall nok 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 pertormed. 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 notica of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall ba 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 antitletl to any additional compensation or damages. Provided, however, If the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Protect 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 a2 Cona4uction 3ervlcea AgrecmanL (2023yec2] CAO 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 data of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to ba 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 ratu rn of any surplus assets, including materials, supplies, and eq ulpment. 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 Docu mants, that the entire balance found to ba due Contractor is due and payable. Neither the final payment nor [ha retainage shall become due and payable until Contractor submits: (1) Receipt of Contractors Final Application for Payment. (2) Tha 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 Contmct Documents, to the extant 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 haves issued Its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainaga shall become due and payable. 2'1. 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 incorporetetl into the ProJact. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall ba 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, con Heated, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also ba responsible for and pay for replacement or repair of adjacent materials or Work which may ba 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 as COnBtructlan aBNlcaa A9NaTBN: [2023_var.2] :ty_C�7 expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 2'1.2 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 Represantativa 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 ba grounds forth¢ 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, Desig^ Professional, [hair 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, testa or approvals. 22.2 If the Contract Documents or any codes, laws, orcJinances, rules or regulations of any public authority having jurisdiction over the Projecl 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 certiRcatas of inspection, tasting or approval. All Inspections, tests or approvals shall be pertormed in a manner and by organizations acceptable to the Protect Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extant such re -in spectlons 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 raq uested 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 Protect 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 pertormed on Saturday, Sunday or holidays. 22.6 Neither observatlona nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.'I Work not conforming to the requirements of the Contract Documents or any warranties mad¢ or assigned by Contractor to Owner shall ba deemed defective Work. If required by Project Manager, as Conalructbn 3arvlcas ABmemant (2023_vec2] t'Al�% 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 tasted 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 quastlon, furnishing all necessary labor, material and equipment. If it Is found that such Work is defective, Contractor shall bear all direct, indirect and consequential coats 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. Tha right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall ba 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 Wark, 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 antl 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 falls 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 ba required to give notice to Contractor in the event of an emergency. To the extant necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of ail 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 antl incorporate in the Work all materials and equipment stored at the ProJact 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 sit¢ as may ba necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, Indirect and consequential costs as Conalrucgon Services Agreement: [2023_var.2i CAD of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall ba 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 Il mit¢d to, fees and charges of engineers, architects, attorneys and other profasslonals, 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 Tima because of any delay in partormance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SV PERINTEN DENTS. 24.9 Contractor shall plan, organize, supervise, schad ule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to partorm the Work in accordance with the Contract Docu moots. Contractor shall be responsible to see that the £nishad Work complies accurately with the Contract Documents. Contractor shell keep on the Work at all times during its progress a competent resident superintendent, who shell be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall ba employed by the Contractor and be the Contractor's representative at the Project alto and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall ba as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project su parintandent, with or without cause. Attached to the Agreement as Exhib"t A -'I is a list identifying Contractor's Project Suparintandant and all of Contractor's key personnel who era 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 parson acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work craws of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the ProJact. 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 5.6, for services not rendered. 25. PROTECTION OF WORK. 25.t 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 ba charged with the same, and any moneys necessary to replace such loss or damage shall be dad ucted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional as ConalrucOon Sarvlcas Agreamant [2023_vac2] Cl��i shall re-establish the benchmarks antl Contractor shall be liable For all costs Incurr¢d 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 spacial instruction or authorization from Owner or Design Professional Is obligated to act to prevent threatenatl 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 th¢ 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 Docu mants is required because of the action taken in response to an emergency, a Change Order shall ba issuetl 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 Tima. 27. USE OF PREMISES 27.'I 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 Docu manta and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project silo 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. 26. 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 prate ufions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.t.'I All employees on or about the project site and other persons and/or organizations who may ba affected thereby; 28.'I2 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 antl any underground structures or improvements not designatetl 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 hotly having Jurisdiction for the safety of parsons or property or to prot¢ct them from damage, Injury or loss. Contractor shall erect and maintain ali 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. av Cons[mcllon Scrvlcas Ag,aemenC [2023_vac2] cE.o 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 parson shall ba Contractor's superintendent unl¢ss othenvlse designated in writing by Contractor to Owner. 28.4 Alcohol, drugs end 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; 26.5.2 Ail Employes shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on th¢ 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 [o enter any other portions of Owner's properly without Owner's expressed prior written consent; 28.5.4 All Employees era 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 re9 ulatlons with respect to dr¢ss and conduct at the Project site. Further, ail Employees shall comply with the dress, conduct and facility regulations Issued by Owner's officials onsita, as said regulations may be chang¢d from time to time; 28.5.E 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 desig nat¢d, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation Involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 98 Conotnacllcn Servlceo Agra®menC 12023_var.2t CAO 28.5.8 Tha 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 reg ulationa, 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 shell 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 Projec[ Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. Tha 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 and, vendors will ba evaluated on their performance upon completion/termination of this Ag reament. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects thei era conducted within a Colllar 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 (M UTCD), 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 P rocuremant Services Division, and is available on-line at colliergov.nat/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 fo the requirements of the Maintenance of Traffic ("MOT") policy will ba enforced under this Contract. All costs associated with the Maintenance of Traffic shall ba included on the Iina item on the bid page. If MOT is required, MOT is to be provided within ten (t O) days of receipt of Notice of Award. 32. SALES TAX SAVINGS ANO DIRECT PURCHASE. 32.'I Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which era applicable during the pertormance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner end et 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: 99 ConsnuUlon services HgreamaM: [2023_ver.2] CAO 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Protect, 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 maxi miza cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Changes Orders for the amounts of each Owner Dtract Purchase, plus the saved sales taxes. A Changes Order shall ba p rocessad 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 acknowletlgas and agrees that all Direct Purchases shall ba included within and covered by Contractors warranty to Owner to [he same extant 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 man ufacturar or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sales tax under Chapter 2'12, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SV BCONTRACTS. 33.'I 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 ProJact 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 pertorming, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall ba solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field OrcJera 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 bast interest, prior to requesting approval of any Change Order from Owner. Ail Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 20t 3-69, meaning a parson 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 rellabllity to assure good faith pertormanca. 33.3 In addition to those Subcontractors identified In Contractor's bid that ware approved by Owner, Contractor also shall identity 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. 30 COOS]NC]I00 a¢rvlca¢ AgIBBTBOC [2023_vBL2] CAO The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performetl 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 Tile a copy of the license for every Subcontractor and sub -subcontractor pertormin9 any portion of the Work, as wall as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall ba in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall ('I) require each Subcontractor to be bound to Contractor to the same extant Contractor is bound to Owner by the [arms of the Contract Documents, as Those farms may apply to the portion of the Work to ba 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 ba an additional insured on all liability Insurance policies required to be provided by the Subcontractor except workmen's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary oT 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 ba 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 provid¢ field (on -site) supervision through a named superintendent for each trade (e.9�. 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 employ¢¢ for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman end 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. Tha Subcontractor shall -include a resume of experience fat 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 Tor delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to ba caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall ba 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 era limited exclusively to its actual costs for such changes plus no more than 'I O% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute Its sole end exclusive remedies far delays and changes in lha Work and thus eliminate any other remedies for claim for increase in the contract st ConaWcrlan Services Agrcamen[: 12023_var.2] CAD 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. 34.7 Contractor shall maintain at the ProJact site, originals or copies of, on a current basis, ali Project files and records, including. but not limited to, the following administrative records: 34.7.7 Subcontracts and Purohase Orders 34.7.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1 .4 Equipment Purchase/Delivery Logs 34.7.5 Contract Drawings and Specifications with Addenda 34.7.E Warranties and Guarantees 34.7.7 Cost Accounting Records 34.7.8 Labor Costs 34.7.9 Material Costs 34.7.70 Equipment Costs 34.7.77 Cost Proposal Request 34.7.72 Payment Request Records 34.7.73 Meeting Minutes 34.1 .74 Cost -Estimates 34.1 .15 Bulletin Quotations 34.7.76 Lab Test Reports 34.7.77 Insurance Certificates and Bonds 34.1 .78 Contract Changes 34.7.19 Permits 34.7 .20 Material Purchase Delivery Logs 34.7 .27 Technical Standards 34.7.22 Design Handbooks 34.1 .23 "As -Built" Marked Prints 34.1 .24 Operating 8. Malntanance Instruction 34.1 .25 Daily Progress Reports 34.7 .26 Monthly Progress Reports 34.7 .27 Correspondence Files 34.7 .28 Transmittal Records 34.7 .29 Inspection Reports 34.7.30 Punch Lists 34.1 .37 PMIS Schedule and Updates 34.1 .32 Suspense (Tickler) Files of Outstanding Requirements Tha Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 62 Canstrucllon Services AgraemanC [2023_vac2]CAO 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 ached ule to be determined by the County Manager or his dasign¢e. Prior to the scheduled presentation data, the Contractor shall meet with appropriate County staff to discuss the presentation raq uirements 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 afo remanfioned 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 end the Contractor shall be responsible for all associated costs. If req uirad, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all -employes that shall provide services to the County under this Agreement. This may include, but not be If mitad to, checking federal, state and local law enforcement records, Including a state and FBI fingerprl nt check, credit reports, education, residence and employment verifications and other related records. Contractor shell 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 pertorming services on County facilities and properties. Contractor ID badges era valid for one (�) 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 Hama of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via a -mail (DL-FMOPSrracolliercou ntvfl.00v) 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 fingarpri nting prior to work being pertormed in any of their locations. This will be coordinated upon award of the contract. If there ere 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 appropriat¢ federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matt¢rs. 37. VALUE ENGINEERING. All projects with an estimated cost of $'I O million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during Project davelopmani. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 63 ConstNCtiOn SBNlcas HgrBBTBnL [2023_vac2] G`A� 36. ABOVEGROUND/UNDERGROUND TANKS. 38.'I Tha contractor shall ensure compliance with all NFPA regulations: specifically 'I'I O & 30/30A; FDEP chapter 62 regulations: specifically 76'I, 762, 777, and 760; 376 8. 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NISI 8 API referenced standards pertaining to the storage of hazardous materials and petroleum products. 36.2 Tha contractor shall notify the Solid 6 Hazardous Wastes 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. Tha contractor shall provide a 'I O day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. Tha contractor shall provide the plans pertaining [o the storage Yank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and than 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 projacta who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent amploy¢es who are physically capable of pertorming their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompat¢nt, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the bast interest of the County. 40. DISPUTE RESOLUTION. Prior tc 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 antl 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 th¢ State of Floritla. The mediation shall b¢ attended by representatives of Contractor with full daclsion-making authority antl by Owner's staff person or dasign¢s who would make the presentation of any s¢ttlement reached at mediation to Owner's Board for approval. Should either party fail to submit to matliation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.'102, Fla. Stet. Any suit or action brought by either party to this Agreement against the other party r¢latin9 to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Floritla, which courts have sole and exclusive jurisdiction on all such matters. 64 Conalnallon Services P.greamanC [2023_vac2] CAO EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS ® Attachatl hereto, following this page Not Applicable 33 ConaVudlon Servlcae Hgreement [2023_var.21 CAO EXHIBIT I: SUPPLEMENTAL TERMS ANO CONDITIONS The parties (Collier County and Contractor) agree to amend the Agreement within no later than ninety (g0) days of the effective data to comply with legislative changes to Fla. Stet., §2'18.735, Timely payment for purchases of construction services, Fla. Stet., § 255.074, Procetlures for calculation of payment due dates, Fla. Stet., §255.077, Project closeout and payment of retainage, and Fla. Stet., §255.078, Public construction ratainage, (with an effective date of July �, 2023). Page 1 of 1 CAf�