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Agenda 01/09/2024 Item #16B 9 (Contract #20-7791 After-the-fact payment for Change Order #1 to MasTec North America Inc)16.B.9 01 /09/2024 EXECUTIVE SUMMARY Recommendation to (1) approve an after -the -fact payment for materials under Change Order #1 in the amount of $15,378.20 obtained prior to proper approval, to MasTec North America, Inc. under the expired construction agreement No. 20-7791 "Vanderbilt Drive Underground Utility Conversion Phase 4" project, (2) approve an after -the -fact payment for materials under Work Directive #1 in the amount of $25,959.63, obtained prior to proper approval, to MasTec North America, Inc. under the expired construction agreement No. 20-7791 "Vanderbilt Drive Underground Utility Conversion Phase 4" project, (3) waive the Procurement Ordinance requirement to execute change order for the use of owner's allowance for materials authorized under Work Directive #2, (4) approve an after -the -fact payment for materials under Work Directive #2 in the amount of $12,064.46 to be paid out of owner's allowance, (5) deem that these expenditures have a valid public purpose; and (6) waive the liquidated damages in the amount of $84,500. OBJECTIVE: To approve after -the -fact payments in the total amount of $53,402.29 and waive the liquidated damages in the amount of $84,500, which will allow for closure of the project and provide all necessary approvals for the payment. CONSIDERATIONS: For the past 10 years the Vanderbilt Beach Beautification Municipal Service Taxing Unit ("MSTU") has been tasked with burying overhead utility lines within the district. The fourth and final phase included approximately ten miles of arterial utilities buried within the MSTU Boundaries. On February 23, 2021 (Agenda Item I LJ), the Board awarded contract 20-7791 to MasTec North America, Inc., for the Vanderbilt Drive Underground Utility Conversion Phase 4 project in the amount of $1,765,869.40. The project commenced on May 17, 2021, and it was completed on June 21, 2023. On April 26, 2022 (Agenda Item 16.A.14) the Board approved Change Order #1 increasing the Contract by $124,919.50 for modifications and additional materials needed to complete the installation, and it added 107 days to substantial and final completion dates. Change Order #1 added $124,919.50 to the contract and did not utilize the Owner's Allowances due to the scope being changed. The additional funding was approved by the Vanderbilt Beach MSTU Advisory Board with 5-0 vote on April 7, 2022. On December 13, 2022 (Agenda Item 16.A.26) the Board approved Change Order #2 retroactively adding 93 days to the substantial and final completion dates and an additional 50 contract days, approved Work Directive #1 using the Owner's Allowance for additional materials totaling $25,959.63 due to modifications to the Cocohatchee bridge to mounting conduit to the bridge. County staff should have returned to the Board to request that liquidated damages be reduced or waived. The liquidated damages at that time were calculated to be $250,120 for the period between July 18, 2022, through December 13, 2022. By retroactively adding the additional 93 days and also adding another 50 days through the Executive Summary the liquidated damages needed to be recalculated. By adding the 93 days, the new substantial completion date became October 19, 2022, and the new final completion date became December 3, 2022. A Stop Work Order was issued on October 21, 2022, which was issued after the new substantial completion date. Therefore, the Board's approval of an additional 50 days, via the Executive Summary, only applies to the final completion date and does not impact the substantial completion date. Consequently, the substantial completion date remained October 19, 2022. Given that actual project substantial completion was reached on May 7, 2023, as documented in the Certificate of Substantial Completion, and per the contract final completion is required within 45 calendar days, the resulting adjusted final completion date was June 21, 2023. There is a span of 200 days between October 19, 2022, and May 7, 2023 and a span 150 days from the issuance of the Stop Work Order on October 21, 2022, to the Start Work Order on March 20, 2023. Therefore, the County is eligible to assess liquidated damages for the period of 50 days at a rate of $1,690.00 per day, resulting in a total of $84,500.00. Packet Pg. 785 16.B.9 01/09/2024 County staff is requesting that the Board waive the liquidated damages. County staff intended to extend both substantial completion and final completion dates. The contractor completed the project and fulfilled both the intended substantial date and the approved final completion date. Additionally, the work was accepted by the County and was deemed satisfactory. Additionally, County staff is requesting approval of after -the -fact payment in the total amount of $53,402.29 billed under Pay Application 3 as described: 1. Change Order #1 - The installation of directional bore conduits in the amount of $15,378.20 occurred prior to the approval of the Change Order #1. According to the supporting documentation provided, the work was completed on November 2, 2021. Change Order #1 was not executed by the County Project Manager until March 14, 2022, and there was no Work Directive issued for the bore prior to the Change Order #1 to properly authorize the expenditure. 2. Work Directive #1 - the purchase of materials in the amount of $25,959.63 occurred prior to the effective date of October 26, 2022, of Work Directive #1. 3. Work Directive #2 - the work directive is using owner's allowance funds, which requires the execution of a Change Order according to the Procurement Ordinance Section 19, item 3.c. The total amount of Work Directive #2 is $12,064.46. County staff is requesting these requests be approved for payment due to the complexity of this project, as well as, the unavailability of private utility companies, the major delays due to Covid, Hurricane Ian, and staff turnover. The project has been completed to the satisfaction of the County. This item is consistent with the Collier County strategic plan objective to preserve and enhance the health, safety, welfare, quality, character, and heritage of our neighborhoods and communities. This item is a result of a transition between project managers, where the new project manager is trying to resolve items created under the prior project manager that has retired. FISCAL IMPACT: There are no additional financial obligations associated with this item. Funding for the after - the -fact payment of Pay Application 3 in the total amount of $53,402.29 is encumbered under Purchase Order 4500210804 in the Vanderbilt Beach MSTU Beautification Fund (1617) Cost center 162543. GROWTH MANAGEMENT IMPACT: This item supports the transportation element objective to encourage neighborhood involvement in the establishment and maintenance of safe and pleasant conditions for the residents, pedestrians, bicyclists, and motorists on neighborhood streets, which are not classified as arterials. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: That the Board (1) approve an after -the -fact payment for materials under Change Order #1 in the amount of $15,378.20 obtained prior to proper approval, to MasTec North America, Inc. under the expired construction agreement No. 20-7791 "Vanderbilt Drive Underground Utility Conversion Phase 4" project, (2) approve an after -the -fact payment for materials under Work Directive #1 in the amount of $25,959.63, obtained prior to proper approval, to MasTec North America, Inc. under the expired construction agreement No. 20-7791 "Vanderbilt Drive Underground Utility Conversion Phase 4" project, (3) waive the Procurement Ordinance requirement to execute change order for the use of owner's allowance for materials authorized under Work Directive #2, (4) approve an after -the -fact payment for materials under Work Directive #2 in the amount of $12,064.46 to be paid out of owner's allowance, (5) deem that these expenditures have a valid public purpose; and (6) waive the liquidated damages in the amount of $84,500. Prepared By: Judith Sizensky, MSTU Project Manager II- PTNE Division Megan Gaillard, Division Director, Corporate Compliance and Continuous Improvement ATTACHMENT(S) 1. 1. ATF MasTec form v4 FINAL SIGNED (PDF) Packet Pg. 786 16.B.9 01 /09/2024 2.2. Payapp 3 signed (PDF) 3.3. Change Order #1 Item #16A14 from the 04_26_22 BCC Meeting (PDF) 4.4. Change Order #2 MasTecNorthAmerica C#2Z_TimeExt (PDF) 5. 5. Work Directive #01 MasTec (PDF) 6.6. Work Directive #02- Mastec Material Executed 032323 comb (PDF) 7. [Linked] 7.20-7791 MasTecNorthAmerica Contract. (PDF) Packet Pg. 787 16.B.9 01 /09/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.9 Doc ID: 27554 Item Summary: Recommendation to (1) approve an after -the -fact payment for materials under Change Order #1 in the amount of $15,378.20 obtained prior to proper approval, to MasTec North America, Inc. under the expired construction agreement No. 20-7791 "Vanderbilt Drive Underground Utility Conversion Phase 4" project, (2) approve an after -the -fact payment for materials under Work Directive #1 in the amount of $25,959.63, obtained prior to proper approval, to MasTec North America, Inc. under the expired construction agreement No. 20-7791 "Vanderbilt Drive Underground Utility Conversion Phase 4" project, (3) waive the Procurement Ordinance requirement to execute change order for the use of owner's allowance for materials authorized under Work Directive #2, (4) approve an after -the -fact payment for materials under Work Directive #2 in the amount of $12,064.46 to be paid out of owner's allowance, (5) deem that these expenditures have a valid public purpose; and (6) waive the liquidated damages in the amount of $84,500. Meeting Date: 01/09/2024 Prepared by: Title: Manager Corp Compliance and Continuous Improvement — Corporate Compliance and Continuous Improvement Name: Megan Gaillard 12/18/2023 8:42 PM Submitted by: Title: Manager Corp Compliance and Continuous Improvement — Corporate Compliance and Continuous Improvement Name: Megan Gaillard 12/18/2023 8:42 PM Approved By: Review: Public Transit & Neighborhood Enhancement Judy Sizensky Additional Reviewer Completed 12/19/2023 7:24 AM Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 12/19/2023 9:32 AM Transportation Management Operations Support Tara Castillo Additional Reviewer Completed 12/20/2023 3:57 PM Road Maintenance Ellen Sheffey Additional Reviewer Completed 12/20/2023 4:01 PM Procurement Services Sandra Srnka Level 1 Purchasing Gatekeeper Completed 12/21/2023 10:28 AM Procurement Services Sandra Srnka Procurement Director Review Completed 12/21/2023 10:28 AM Public Transit & Neighborhood Enhancement Brian Wells Additional Reviewer Completed 12/26/2023 8:47 AM Transportation Management Services Department Trinity Scott Transportation Completed 12/27/2023 8:48 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/27/2023 9:00 AM Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed 12/27/2023 9:05 AM Packet Pg. 788 16.B.9 01 /09/2024 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Christopher Johnson Additional Reviewer County Manager's Office Ed Finn Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 12/27/2023 9:57 AM Completed 12/30/2023 11:04 AM Completed 01/03/2024 4:25 PM 01/09/2024 9:00 AM Packet Pg. 789 16.B.9.a C;O JCT County Instructions After the Fact Form As per section 21 of the Procurement Manual, all purchases shall be consistent and in compliance with the Procurement Ordinance (2017-08). Should work be authorized or purchases made that is inconsistent with County policy, procedure, or contract terms, an After -the -Fact Procurement Form is required. This includes purchases made in advance of a Purchase Order, when a Purchase Order is required to authorize such activity, and purchases made under an expired contract, or for goods and services not covered by the current contract or purchase order. All such `After the Fact Procurements" will be reported to the County Manager. Requester Name: Judy SlzenSky Division: PTNE/MSTU Division Director: Brian Wells Vendor Name: Mastec North America Amount: $53,402.29 �Contract#: 20-7791 Purchase order: 4500210804 Why is this deemed a non -compliant purchase? Choose one. Contract W] Ordinance W] Manual ❑ P-Card ❑ Other Details of Purchase: Explain the circumstances behind this purchase. On February 23, 2021 (Agenda Item11.J), the Board awarded contract 20-7791 to MasTec North America, Inc. for the Vanderbilt Drive Underground Utility Conversion Phase 4 project in the amount of $1,765,869.40, which included approximately ten miles of arterial utilities buried within the MSTU Boundaries. The project commenced on May 17, 2021, and it was completed on June 21, 2023. On April 26, 2022 (Agenda Item # 16.A.14) the Board approved Change Order #1 increasing the Contract by $124,919.50, for modifications and additional materials needed to complete the installation, and it added 107 days to substantial and final completion dates. The revised Contract amount is $1,890,788.90. Change order 1 added $124,919.50 to the contract and did not utilize the Owner's Allowances due to the scope being changed. The additional funding was approved by the Vanderbilt Beach MSTU Advisory Board with 5-0 vote on April 7, 2022. On December 13, 2022 (Agenda Item # 16.A.26) the Board approved Change Order #2 adding 93 days to the substantial and final completion dates, approved Work Directive #1 using the Owner's Allowance for additional materials totaling $25,959.63 due to modifications to the Cocohatchee bridge to mounting conduit to the bridge and retroactively added 93 days. WD #2, effective 03/2312023, authorized the vendor to purchase materials required to complete low voltage installation which will be charged against the Owner's Allowance. The County staff did not execute a change order finalizing the authorization to use the allowance for the WD#2 due to County staff turnover. The after -the -fact is requested because: 1. Change Order #1 - The installation of directional bore conduits in the amount of $15,378.20 occurred prior to the approval of the Change Order. According to the supporting documentation provided, the work was completed on 11/0212021. CO #1 was not executed by the County PM until 03/14/2022 and there was no Work Directive issued for the bore prior to the CO #1 to properly authorize the expenditure. 2. WD#1 - the purchase of materials in the amount of $25,959.63 occurred prior to the effective date of 10/26/22 of WD#1 3. WD#2 - the work directive is using owner's allowance funds which requires the execution of a change order according to the Procurement Ordinance Section 19, item 3.c. The total amount of WD#2 is $12,064.46 For a total amount of $53,402.29 Note - all three have been billed on Pay Application 3 in the total mount of $414,260.28 which was shor payed in the amount of $53,402.29. This is not the final Pay application, however the contractor has met the substantial and final completion dates and the project has been successfully completed as of June 21, 2023. Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable? County staff is requesting that the Board 1. Approve the payment of $15,378.20 for directional bore conduits which were purchased prior to the approval of Change Order #1. 2. Approve the payment of $25,959.63 for materials which were purchased prior to the effective date of the Work Directive #1. 3. Waive the Procurement Ordinance requirement to execute a Change Order for the use of owner's allowance for materials authorized under Work Directive #2 since the contract expired on June 21, 2023. 4. Approve the payment of $12,064.46 for materials under Work Directive #2 out of the owner's allowance. 5. Deem that these expenditures have a valid public purpose. All items above are in the total amount of $53,402.29 which was billed on Pay Application 3 and will be paid upon Board approval. The funding for these items has already been encumbered and does not require additional funding. Corrective/Preventive Action: What action is being taken to prevent this violation from re -occurring? County project manager involved in this project will be assigned and complete Collier University classes: Procurement 101, Collier County Procurement Manual and Change Orders. The requestor affirms that to the best of their knowledge the information provided in this document is true. Requested b q y: Judy Sizensky Signature: SlZenSk JUdlth Date: 20signe 1by Size:02-05ith g y Digitallysignedby74302_05'0' Date: Division Director: Brian Wells Digitally signed by WelISBrian Signature:WeIISBrian Date: 2023.12.1809:29:49 -05'00' Date: 12/18/2023 r c a� E t U M a+ a Revised 06/17/2021 Packet Pg. 790 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Judy Sizensky (County Project Managar) PTNE Depart (County Departments) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: Michael B Acosta, P.E. (Contractor's Representive) MasTec North America (Contractor's Name) (Contractor's Address) RE: Vanderbilt Beach Utilitv Conversion Phase IV Original Contract Time: 365 Days Revised Contract Time: 472 Days Retainage @ 10% thru Retainage @ 0% thru Percent Work completed to Date: Percent Contract Time completed to Date 126,616.64 66.96% % 86.86 % 20-7791 Project No. 163-162525-634999 Application Date May 10, 2023 Payment Application No. 3 for Work accomplished through the Date: May 10, 2023 Original Contract Amount $ Total Change Orders to Date $ Revised Contract Amount $ Total Value of Work Completed and stored to Date $ Less Retainage $ Total earned Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS (Project Name) 1,765,869.4 124,919.E 1,890,788.E 1,266,166.4 126,616.E 1,139,549.7 766,715.E APPLICATION: $ 372,834.2 ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbers ed 1 through 3 inclusive; (2) title to all materials and equipment incorporated in said work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received form the OWNER and that current payments is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: Dig by Michael B. Michael 6. Acosta, P.E. B CONTRACTOR: MasTec North Ameerica Inc. Acosta, P.E. 1115 020500' y (Contractor's Name) (Signature) DATE: Michael B Acosta, P.E.; Division VP (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By CEI Stantec Consulting Services Inc (DP's Name) Received Digitally signed by Marc Lean Time Reason: I have reviewed this (Signature) DATE: Date- 2023,12.04 10:52:52-05'00' Marc Lean (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: Sizensk Judi Digitally signed by Y SizenskyJudith Date: 2023.12.01 By OWNER'S Project Manager: th 10:30:18-05'00' (Signature) DATE: _ Judy Sizensky (Type Name and Title) Packet Pg. 791 TR-CA-D-1 Contras 20-7791 FPL Utility Conversion Phase IV Packet Pg. 792 EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared MasTec North America Inc. who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ 372,834.25 to be receive MasTec North America Inc. ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 12/14/2020 for the period from 7/2/2022 to 5/10/2023 (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner form all demands or suits, actions, claims of liens other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractors (monthly/final) Application for Payment No. CONTRACTOR MasTec North America Inc BY: ITS: _Michael R michaeiB.Acosta. Division VP DATE: A....sta n r P.E � efe.3Bi9.73.91 »also-0soo [Corporate Seal] STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me this day of DeCr_nrnt>CV_ 2023 as of MasTec North America Inc. -- Florida corporation, on behalf of the corporation He/She N/A as identification d 44 (did eke an My Commission Expires: (Signature of Notary) A y ,�+'► Notary Ps Al State of Florida NAME: t G(ZI et -1 WW1 QI� Ana Maria Aleman My Commission HH 143883 (Legibly Printed) Expires 08/20/2025 Notary Public, State of Florida (AFFIX OFFICIAL SEAL) Commissioner No.: 11 TR-CA-C-1 14-6320 Vanderbilt Beach Utility Conversion Phase II and III Packet Pg. 793 PROJECT NAME: CONTRACT Bid # 20-7791 Contract Date 12/14/2020 Start Date Contractor PO # 4500210804 Pay Application # 3 Date: 10/27/2023 COLLIER COUNTY TRANSPORTATION DEPARTMENT Vanderbilt Beach Utility Conversion Phase IV Bid # 20-7791 12/14/2020 Start Date MasTec North America, Inc. ORIGINAL CONTRACT AMOUNT $1,765,869.40 REVISED CONTRACT AMOUNT $1,890,788.90 Change Order Value to Date $124,919.50 Overrun to Date $6,876.69 Underrun to Date-$631,499.18 CO #1 ITEM DESCRIPTION Unit PLAN UNIT CONTRACT CHANGE ORDERS C/O REVISEDI REVISED PREVIOUS THIS MONTH INSTALLED BALANCE CHANGE ORDER (OVERRUN) (OVERRUN) 10% QUANT PRICE AMOUNT ADD SUB # QTV CONTRACT INSTALLED INSTALLED TO DATE TO COMPLETE VALUE QTY VALUE RETAINAGE GENERAL I-1 Maintenance ofTraffic LS l $ 33,433.00 $ 33,433.00 1.00 $ 33,433.00 $ 25,074.75 $ 8,358.25 $ 33,433.00 $ $ - 0 S - $ 3,343.30 2-2 Mobilization LS 1 $ 7,443.00 $ 7,443.00 1.00 $ 7,443.00 $ 5,582.25 $ 1,860.75 $ 7,443.00 $ $ 0 S $ 744.30 3-3 As -built Plans (Provide and maintain per contract documents) LS 1 $ 6,SS6.00 $ 6,556.00 1.00 $ 6,556.00 $ 1,639.00 $ 1,639.00 $ 4,917.00 $ 0 S - $ 163.90 4-4 Trenching Feet incl. Inst. Ofcondutit, backfill and compaction LF 2,000 $ 8.01 $ 16,020.00 2000.00 $ 16,020.00 $ 11,214.00 $ 11,214.00 $ 4,806.00 $ 0 S - $ 1,121.40 Suh'Total $63,452.00 $63,452.00 $43,510.00 $10,219.00 $53,729.00 $9,723.00 $0.00 $ $5,372.90 High Voltage Grouping -01010- labor Material (FPL material provided by Owner) (All conduit includes all fittings, support structure required to install) - 01010 5-5 One 2" Conduit LF 1,000 $ 8.91 $8,910.00 1000.00 $ 8,910.00 $ 1,782.00 $ 1,782.00 $ 7,128.00 $ 0 $ - $ 178.20 6-6 Two 2" Conduits LF 1,200 $ 9.49 $ 11,388.00 1200.00 $ 11,388.00 $ $ $ 11,388.00 $ 0 $ - $ 7.7 Three 2" Conduits LF 1,200 $ 10.38 $ 12,456.00 1200.00 $ 12,456.00 $ 4,473.78 $ 4,473.78 $ 7,982.22 $ 0 $ - $ 447.37 8-8 Six 2" Conduits LF 200 $ 18.44 $ 3,688.00 200.00 400.00 $ 7,376.00 $ 5,071.00 $ 5,071.00 $ 2,305.00 $ 3,688.00 0 $ $ 507.10 9-9 one 6" plus six 2" conduits, Sub Aqueous Crossing. Charge for actual length Pt to Pt 300' wire line or equivalent LF 300 $ 66.80 $ 20,040.00 200.00 1 500.00 $ 33,400.00 $ 33,066.00 $ 33,066.00 $ 334.00 $ 13,360.00 0 $ $ 3,306.60 10-10 One 6" Conduit Sub Aqueous Crossing. Charge for actual length Pt to Pt 800' wire line or equivalent LF 800 $ 46.63 $ 37,304.00 100.00 1 900.00 $ 41,967.00 $ 40,101.80 $ 40,101.80 $ 1,865.20 $ 4,663.00 0 $ $ 4,010.18 11-11 One 6" Conduit LF 5200 $ 18.54 $ 96,408.00 5200.00 $ 96,408.00 $ 70,915.50 $ 70,915.50 $ 25,492.50 $ 0 $ $ 7,091.55 11-11A Directional Bore one 6" and 6-2" Conduits LF 0 $ 45.23 $ 2000.00 1 2000.00 $ 90,460.00 $ $ 15,378.20 $ 15,378.20 $ 75,081.80 $ 90,460.00 0 $ $ 1,537.82 TOTAL COST FOR LABOR TO INSTALL HV CONDUIT $ 190,194.00 $ 302,365.00 $ 155,410.08 $ 15,378.20 $ 170,788.28 $ 131,576.72 $112,171.00 $ $ 17,078.82 Low Voltage Grouping - 01010 - Labor A&, M 12-12 Two bores, Two 4", one 3' and one 2" Conduit Sub Aqueous Crossing Charge for actual length Point to point 800' using wire line or equivalent. LF 1100 $ 66.80 $ 73,480.00 1100.00 $ 73,480.00 $ 73,480.00 $ 73,480.00 $ $ 0 $ $ 7,348.00 13-13 One 3" and one 2" Conduit LF 6500 $ 12.44 $ 80,860.00 6500.00 $ 80,860.00 $ 54,325.48 $ 54,325.48 $ 26,534.52 $ 0 $ $ 5,432.54 14-14 Install one sub aqueous bore with two 4", one 3" and one 2" HDPE Conduit underthe northern bridge using wire line or equivalent. Charge actual length. See Alternate 2. $ 0.00 $ $ $ $ $ 0 $ $ 15-15 Install One 4" and one 3" Stainless steel rigid conduit on West side of Cocohatchee bridge according to prints including all mounting hardware. Charge for actual footage. LF 450 $ 204.00 $ 91,800.00 450.00 $ 91,800.00 $ $ 82,416.00 $ 82,416.00 $ 9,384.00 1 $ 0 $ $ 8,241.60 16-16 Install Two 4" Stainless steel rigid conduit on east side of Cocohatchee bridge according to prints including all mounting hardware. Charge for actual footage LF 500 $ 224.00 $ 112,000.00 500.00 $ 112,000.00 $ $ 87,360.00 $ 87,360.00 $ 24,640.00 $ 0 $ $ 9,736.00 Total Cost Low Voltage Grouping 01010-labor $ 358,140.00 $ 358,140.00 $ 127,805.48 $ 169,776.00 $ 297,581.48 $ 60,558.52 $ $ 29,758.14 Miscellaneous 17-17 Remove Concrete Sidewalk 4' x 10' EA 10 $ 51.00 $ 510.00 10.00 $ 510.00 $ 102.00 $ 102.00 $ 204.00 $ 306.00 $ 0 $ $ 20.40 18-18 Remove Concrete Driveway 1.5' x 20' EA 10 $ 137.00 $ 1,370.00 10.00 $ 1,370.00 $ $ $ 1,370.00 $ 0 $ $ 19.19 Remove Asphalt 1.5' x 20' EA 10 $ 44.00 $ 440.00 10.00 $ 440.00 $ $ $ 440.00 $ 0 $ $ 20.20 Hand Dig Pit EA 20 $ 433.00 $ 8,660.00 20.00 $ 8,660.00 $ 8,660.00 $ 8,660.00 $ $ 0 $ $ 866.00 21.21 Soft Dig Pit EA 20 $ 408.45 $ 8,169.00 10.00 1 30.00 $ 12,253.50 $ $ $ 12,253.50 $ 4,084.50 0 $ $ 22.22 Set Concrete Transformer pads EA 10 $ 627.90 $ 6,279.00 10.00 $ 6,279.00 $ 3,139.50 $ 627.90 $ 3,767.40 $ 2,511.60 $ 0 $ $ 376.74 23.23 Set Vista Switch Concrete Pads EA 6 $ 1,527.75 $ 9,166.50 6.00 $ 9,166.50 $ 9,166.50 $ 9,166.50 $ $ 0 $ $ 916.65 24.24 Set Capacitor Bank Concrete Pads EA 1 $ 991.20 $ 991.20 1.00 $ 991.20 $ 991.20 $ 991.20 $ $ 0 $ $ 99.12 25-25 Set Concrete Vaults (5' x 5' x 10') EA 8 $ 1,283.10 $ 10,264.80 8.00 $ 10,264.80 $ 6,415.50 $ 6,415.50 $ 3,849.30 $ 0 $ $ 641.55 x646 Primary Vaults (3' x 3' x 5') EA 15 $ 599.55 $ 8,993.25 15.00 $ 8,993.25 $ 5,395.95 $ 2,398.20 $ 7,794.15 $ 1,199.10 $ 0 $ $ 779.41 2747 Secondary Vaults (hand hole) r EA 30 $ 291.90 $ 8,757.00 30.00 $ 8,757.00 $ 1,459.50 $ 5,838.00 $ 7,297.50 $ 1,459.50 $ 0 $ $ 729.75 Total Cost for Miscellaneous for Low voltage $ 63,600.75 $ 67,685.25 $ 35,330.15 $ 8,966.10 $ 44,296.25 $ 23,389.00 $ 4,084.50 $ $terial Packet Pg. 794 PROJECT NAME: CONTRACT Bid # 20-7791 Contract Date 12/14/2020 Start Date Contractor PO # 4500210804 Pay Application # 3 Date: 10/27/2023 COLLIER COUNTY TRANSPORTATION DEPARTMENT Vanderbilt Beach Utility Conversion Phase IV Bid # 20-7791 12/14/2020 Start Date MasTec North America, Inc. ORIGINAL CONTRACT AMOUNT REVISED CONTRACT AMOUNT Change Order Value to Date M Overrun to Date Underrun to Date WD#2 $1,765,869.40 $1,890,788.90 $124,919.50 $6,876.69 -$631,499.18 ITEM DESCRIPTION knit PLAN UNIT CONTRACT CHANGE ORDERS C/O REVISED REVISED PREVIOUS THIS MONTH INSTALLED BALANCE CHANGE ORDER (OVERRUN) (OVERRUN) 10% QCANI PRICE AMOUNT ADD SUB # QTY CONTRACT INSTALLED INSTALLED TO DATE TO COMPLETE VALUE QTY VALUE RETAINAGE 28-28 2" schedule HDPE SDR 11 (orange) FT 8,000 $ 0.81 $ 6,480.00 8000.00 $ 6,480.00 $ 4,860.00 $ 4,860.00 $ 1,620.00 $ 0 $ $ 486.00 29-29 4" schedule HDPE SDR 11 (Orange) FT 8,500 $ 3.09 $ 26,265.00 8500.00 $ 26,265.00 $ 26,265.00 $ 26,265.00 $ $ - 0 $ $ 2,626.50 30-30 4" schedule HDPE SDR 11 (Black/Orange Stripe) FT 1,600 $ 3.09 $ 4,944.00 1600.00 $ 4,944.00 $ 401.70 $ 401.70 $ 4,542.30 $ - 0 $ - $ 40.17 31-31 4" Stainless conduit FT 1,500 $ 91.22 $ 136,830.00 1500.00 $ 136,830.00 $ 136,830.00 $ 136,830.00 $ $ - 0 $ $ 13,683.00 32-32 3" Stainless Conduit FT 500 $ 86.14 $ 43,070.00 500.00 $ 43,070.00 $ 43,070.00 $ 43,070.00 $ $ 0 $ $ 4,307.00 Total Cost Material for low Voltage $ 217,589.00 $ 217,589.00 $ 211,426.70 $ $ 211,426.70 $ 6,162.30 $ $ $ 21,142.67 Total of all line items 1 1 $892,975.75 $0.00 $0.00 1 $0.00 $0.00 $1,009,231.25 $573,482.41 $204,339.30 $777,821.71 $231,409.54 $116,255.50 $ - $77,782.15 33-33 OWNERSALLOWANCE $150,000.00 $0.00 $0.00 $0.00 $0.00 $150,000.00 $12,064.46 $12,064.46 $137,935.54 $ $1,206.44 PLACING CONDUIT, PADS AND VAULTS - 01010 TOTAL BASE BID $1,042,975.75 $1,159,231.25 $573,482.41 $216,403.761 $789,886.17 $369,345.08 $116,255.50 $0.00 $78,988.59 FPL NETWORK Aerial to Underground Utility Conversion - 01011 34-1 MAINTENANCE OF TRAFFIC EA 1 $ 31,333.00 S 31,333.00 1.00 $ 31,333.00 S 7,833.25 S 23,499.75 S 31,333.00 S $ 0 $ $ 3,133.30 35-2 Mobilization EA 1 $ 3,000.00 $ 3,000.00 1.00 $ 3,000.00 $ 2,250.00 $ 750.00 $ 3,000.00 $ $ 0 S $ 300.00 36-3 AS-BUILT/RECORD PLANS (Provide and maintain per contract documents) EA 1 $ 5,288.00 $ 5,288.00 1.00 $ 5,288.00 $ 1,322.00 $ 3,966.00 $ 5,288.00 $ $ 0 S $ 528.80 Sub Total $ 39,621.00 $ 39,621.00 $ 11,405.25 $ 28,215.75 $ 39,621.00 $ $ $ $ 3,962.10 Labor to Move To Move (Connect) Aerial Service and Feeders to nderground. Material supplied by FPL - 01011 37-4 FPL Includes cutting back conduit and installing new conduit with cable into a transformer or Hand Hole, disconnecting cable from aerial feed and connecting to buried feed. Test final installation. Requires 2" Conduit EA 5 $ 543.00 $ 2,715.00 5.00 $ 2,715.00 $ 2,715.00 $ 2,715.00 $ $ 0 $ $ 271.50 38-5 cutting back conduit and installing new conduit into a Vista Switch, Per Vista Switch disconnecting cable from aerial feed and connecting to buried feed. Test final installation. Requires 6" Conduit EA 2 $ 3,322.00 $ 6,644.00 2.00 $ 6,644.00 $ 6,644.00 $ 6,644.00 $ $ 0 $ $ 664.40 39-6 Convert Primary Risers From Aerial to Underground Including Coordination with FPL Includes cutting back conduit and installing new conduit into a Vista Switch, Per Vista Switch disconnecting cable from aerial feed and connecting to buried feed. Test final installation. Requires 2" Conduit EA 7 $ 2,033.00 $ 14,231.00 7.00 $ 14,231.00 $ 4,066.00 $ 14,231.00 $ 18,297.00 $ (4,066.00) $ 2 $ 4,066.00 $ 1,829.70 41-7 Install and connect feeder risers to connect newly installed buried feeder cable to existing overhead feeders to activate the buried network. EA 2 $ 3,322.00 $ 6,644.00 2.00 $ 6,644.00 $ 3,322.00 $ 3,322.00 $ 6,644.00 $ $ 0 $ $ 664.40 41-8 Trenching BackfilI Compaction and Replace Sod (5' per secondary, 15' per primary and feeder) FT 2,500 $ 7.44 $ 18,600.00 1 2500.00 $ 18,600.00 $ 520.80 $ 18,079.20 $ 18,600.00 $ $ - 0 $ $ 1,860.00 TOTAL COST Labor to Move To Move (Connect) Aerial Service and Feeders to Underground. Material supplied by FPL - 01011 $48,834.00 $48,834.00 $17,267.80 $35,632.20 $52,900.00 -$4,066.00 $ $ 4,066.00 $ 5,290.00 Install Ground Rods, transformers, make wiring connections, including all FPL required items and procedures on preinstalled pads - 01011 Fll- All 42-9 459610029 - TRANSFORMER, PD,DF,3PH,13X23KV,100KVA, 120/240V EA 1 $ 3,033.00 $ 3,033.00 1.00 $ 3,033.00 $3,033.00 $ 3,033.00 S $ 0 $ $ 303.30 43-10 459462056- TRANSFORMER,PD,DF,3PH,13X23KV, 750KVA, 208V LOOP, SS EA 1 $ 5,735.00 $ 5,735.00 1.00 $ 5,735.00 $5,735.00 S 5,735.00 $ $ 0 $ $ 573.50 44-11 459462053- TRANSFORMER,PD,3PH,13X23KV, 300KVA, 208V LOOP, SS EA 1 $ 3,308.95 $ 3,308.95 1.00 $ 3,308.95 $3,308.95 $ 3,308.95 $ $ 0 $ $ 330.89 45-12 459491053 - TRANSFORMER, IPH PAD 23KV 50KVA 120/240V, LOW EA 1 $ 641.84 $ 641.84 1.00 $ 641.84 $641.84 $ 641.84 $ $ 0 $ $ 64.18 46-13 459491053 - TRANSFORMER, IPH PAD 23KV 25KVA 120/240V, LOW EA 2 $ 641.84 $ 1,283.68 2.00 $ 1,283.68 $1,283.68 $ 1,283.68 $ $ 0 $ $ 128.36 Packet Pg. 795 PROJECT NAME: CONTRACT Bid # 20-7791 Contract Date 12/14/2020 Start Date Contractor PO # 4500210804 Pay Application # 3 Date: 10/27/2023 COLLIER COUNTY TRANSPORTATION DEPARTMENT Vanderbilt Beach Utility Conversion Phase IV Bid # 20-7791 12/14/2020 Start Date MasTec North America, Inc. ORIGINAL CONTRACT AMOUNT REVISED CONTRACT AMOUNT Change Order Value to Date Overrun to Date Underrun to Date $1,765,869.40 $1,890,788.90 $124,919.50 $6,876.69 -$631,499.18 ITEM DESCRIPTION Unit PLAN UNIT CONTRACT CHANGE ORDERS C/O REVISED REVISED PREVIOUS THIS MONTH INSTALLED BALANCE CHANGE ORDER (OVERRUN) (OVERRUN) 10 QUANT PRICE AMOUNT ADD SUB # QTY CONTRACT INSTALLED INSTALLED TO DATE TO COMPLETE VALUE QTY VALUE RETAINAGE TOTAL COST Install Ground Rods, transformers, make wiring connections, including all FPL required items and procedures on preinstalled pads - 01011 $14,002.47 $14,002.47 $14,002.47 $0.00 $14,002.47 $0.00 $ $ $1,400.23 Install Ground Rods, Capacitor Bank, make all wiring connections, including all FPL required items and procedures on pre installed pad - 01011 47-14 223388001 - CAP-BANK,URD,25KV, 1200KVAR,FIXED/SWIT F 1 $ 3,308.00 $ 3,308.00 1.00 $ 3,308.00 $3,308.00 $ 3,308.00 $ - s - u $ $ 330.80 Install grounding, all FPL required equipment, and make wiring connections in pre installed feeder splice vault - 01011 48-15 279209050 - SW,VAC,PM DF SS,25KV 3PH, 600A 422 VISTt EA 6 $ 4,449.63 $ 26,697.78 6.00 $ 26,697.78 $26,697.78 $ 26,697.78 $ $ - 0 $ $ 2,669.77 Install grounding, all FPL required equipment, and make wiring connections in pre installed feeder splice vault - 01011 49-16 1270682050-SWITCHGEAR,PAD MOUNT,25KV,200A, PME EA 1 $ 3,544.00 1 $ 3,544.00 1.00 $ 3,544.00 $3,544.00 $ 3,544.00 $ $ 0 $ $ 354.40 Install grounding, all FPL required equipment, and make wiring connections in pre installed feeder splice vault - 01011 50-17 162240003- BOX, SPLICE FOR URD FEEDERS EA 8 $ 1,625.00 $ 13,000.00 8.00 $ 13,000.00 $6,500.00 $3,250.00 $ 9,750.00 $ 3,250.00 $ 0 $ $ 975.00 Install grounding, all FPL required equipment, and make wiring connections in pre Installed feeder splice vault - 01011 51-18 162100007- HAN DHOLE,P RECAST CONCRETE I7"OON18" EA 3 $ 383.00 $ 1,149.00 3.00 $ 1,149.00 $1,149.00 $ 1,149.00 $ $ 0 $ $ 114.90 52-19 162122892-HAN DHOLE,P RECAST CONCRETE, RECTANG EA 14 $ 553.00 $ 7,742.00 14.00 $ 7,742.00 $3,318.00 $4,424.00 $ 7,742.00 $ $ 0 $ $ 774.20 Pull all required cable in conduit to make connections to various pieces of FPL equipment-01011 06 in 53-20 100253004 - CABLE, ALUM., 600 V, 4/0 3/cTPLX HM/HD POLY FT 202 $ 10.00 $ 2,020.00 300.00 1 502.00 $ 5,020.00 $681.00 $4,000.00 $ 4,681.00 $ 339.00 $ 3,000.00 0 $ $ 468.10 54-21 100261007 - CABLE, AL, 25KV, 2/C #1/0, 3 PARALLELED FT 8 $ 10.00 $ 80.00 300.00 1 308.00 $ 3,080.00 $2,600.00 $ 2,600.00 $ 480.00 $ 3,000.00 0 $ $ 260.00 55-22 100290007 - CABLE,ALUM,25KV,2/C #1/0 One cable per pull FT 107000 $ 0.93 $ 99,510.00 107000.00 $ 99,510.00 $9,375.33 $484.53 $ 9,859.86 $ 89,650.14 $ 0 $ $ 985.98 56-23 100298008 - CABLE, AL,25KV, 2/C 1000 KCMIL.. Three cables per pull FT 20527 $ 2.96 $ 60,759.92 900.00 1 21427.00 $ 63,423.92 $55,500.00 $ 55,500.00 $ 7,923.92 $ 2,664.00 0 $ $ 5,550.00 TOTAL FPL EQUIPMENT AND CABLE $ 217,810.70 $ 226,474.70 $ 112,673.11 $ 12,158.53 $ 124,831.64 $ 101,643.06 $ 8,664.00 $ $ 12,483.15 TOTAL LINE ITEMS $ 320,268.17 $ 328,932.17 $ 155,348.63 $ 76,006.48 $ 231,355.11 $ 97,577.06 $ 8,664.00 $ 4,066.00 $ 23,135.51 57-24 OWNERS ALLOWANCE $ 83,000.00 $ 83,000.00 $ 83,000.00 $ $ FPL NETWORK Aerial to Underground Utility Conversion - 01011 Total Base Bid $ 403,268.17 $ 411,932.17 $ 155,348.63 $ 76,006.48 $ 231,355.11 $ 180,577.06 $ 8,664.00 $ 4,066.00 $ 23,135.51 CENTURYLINK NETWORK AERIAL TO UNDERGROUND CONVERSIONS General Project Items 01012 58-1 Ma intenance oftraffic EA 1 $ 28,761.00 $ 28,761.00 1.00 $ 28,761.00 $14,380.50 $ 14,380.50 $ 14,380.50 $ 0 $ $ 1,438.05 59-2 Mobilization/ Demobilization EA 1 $ 6,874.00 $ 6,874.00 1.00 $ 6,874.00 $3,437.00 $ 3,437.00 $ 3,437.00 $ 0 $ $ 343.70 60-3 As built plans (Provide and maintain per contract documents) EA 1 $ 3,678.00 $ 3,678.00 1.00 $ 3,678.00 $0.00 $ $ 3,678.00 $ 0 $ $ 61-4 Trenching FT 1000 $ 6.44 $ 6,440.00 1000.00 $ 6,440.00 $2,601.76 $ 2,601.76 $ 3,838.24 $ 0 $ $ 260.17 Packet Pg. 796 PROJECT NAME: CONTRACT Bid # 20-7791 Contract Date 12/14/2020 Start Date Contractor PO # 4500210804 Pay Application # 3 Date: 10/27/2023 COLLIER COUNTY TRANSPORTATION DEPARTMENT Vanderbilt Beach Utility Conversion Phase IV Bid # 20-7791 12/14/2020 Start Date MasTec North America, Inc. ORIGINAL CONTRACT AMOUNT REVISED CONTRACT AMOUNT Change Order Value to Date Overrun to Date Underrun to Date $1,765,869.40 $1,890,788.90 $124,919.50 $6,876.69 -$631,499.18 ITEM DESCRIPTION Unit PLAN UNIT CONTRACT CHANGE ORDERS C/O REVISED REVISED PREVIOUS THIS MONTH INSTALLED BALANCE CHANGE ORDER (OVERRUN) (OVERRUN) 10 QUANT PRICE AMOUNT ADD SUB # QTY CONTRACT INSTALLED INSTALLED TO DATE TO COMPLETE VALUE QTY VALUE RETAINAGE Sub Total $ 45,753.00 $ 45,753.00 $ 20,419.26 $ $ 20,419.26 $ 25,333.74 $ $ $ 2,041.92 Material and Labor to install, test, and connect to CenturyLink network. Ends of existing conduit may have be extended to the required location. This extension is estimated at five feet per end of conduit. AL 62-5 Buried Filled 288 Fiber BF0288C FT 2226 $ 2.46 $ 5,475.96 2226.00 $ 5,475.96 $2,646.96 $3,340.68 $ 5,987.64 $ (511.68) $ - 208 $ 511.68 $ 598.76 63-6 Buried Filled 288 Fiber installed in existing conduit BF0288IE FT 445 $ 2.56 $ 1,139.20 445.00 $ 1,139.20 $0.00 $1,382.40 $ 1,382.40 $ (243.20) $ 95 $ 243.20 $ 138.24 64-7 Buried handhole for fiber systems 30" x 60" x 30" BFH EA 6 $ 1,394.40 $ 8,366.40 6.00 $ 8,366.40 $1,394.40 $4,183.20 $ 5,577.60 $ 2,788.80 $ 0 $ $ 557.76 65-8 Facility in an existing occupied duct BM -OCCUPIED FT 157 $ 1.10 $ 172.70 157.00 $ 172.70 $0.00 $ $ 172.70 $ 0 $ $ 66-9 Ground rod 5/8" x 8' BM2 (5/8)(8) EA 6 $ 41.16 $ 246.96 6.00 $ 246.96 $0.00 $164.64 $ 164.64 $ 82.32 $ 0 $ $ 16.46 67-10 IGround rod clamp if required and the length of a bare #6 AWG copper BM2A EA 10 $ 24.59 $ 245.90 10.00 $ 245.90 $0.00 $ $ 245.90 $ 0 $ $ 68-11 Bonding new or existing cable in an existing facility BM2C EA 8 $ 24.51 $ 196.08 8.00 $ 196.08 $0.00 $ $ 196.08 $ 0 $ $ 69-12 Below surface AWG #6 ground wire for conductor lengths greater than 5 feet BM2E(6)B FT 80 $ 3.70 $ 296.00 80.00 $ 296.00 $0.00 $ $ 296.00 $ 0 $ $ 70-13 Fiber marker post BM53PL(6) EA 6 $ 67.50 $ 405.00 6.00 $ 405.00 $0.00 $270.00 $ 270.00 $ 135.00 $ 0 $ $ 27.00 71-14 Directional bore 1-2" plastic pipe BM60(2)PD FT 43 $ 9.75 $ 419.25 43.00 $ 419.25 $0.00 $ $ 419.25 $ 0 $ $ 72-15 Directional bore 14" plastic pipe BM60(4)PD FT 1386 $ 16.11 $ 22,328.46 1386.00 $ 22,328.46 $0.00 $ $ 22,328.46 $ 0 $ $ 73-16 Buried fiber optic closure HBSO (11.500) D36G EA 3 $ 678.91 $ 2,036.73 3.00 $ 2,036.73 $0.00 $ $ 2,036.73 $ 0 $ $ 74-17 Fiber optic fusion splice HO1(>288) EA 1440 $ 18.90 $ 27,216.00 1440.00 $ 27,216.00 $0.00 $ $ 27,216.00 $ 0 $ $ 75-18 Fiber optic labor and material to prep the fiber only - no splicing is included on this unit 1HO8 EA 120 $ 14.70 $ 1,764.00 120.00 $ 1,764.00 $0.00 $ $ 1,764.00 $ 0 $ $ - 76-19 Relocate buried fiber or copper. This unit will include the excavation - exposure of the cable - moving the cable, backfilling; per cubic yd WBJ FT 62 $ 28.35 $ 1,757.70 62.00 $ 1,757.70 $0.00 $ $ 1,757.70 $ 0 $ $ 77-20 Re-enter an existing fiber optic closure WHAP-RF EA 1 $ 168.00 $ 168.00 1.00 $ 168.00 $0.00 $ $ 168.00 $ 0 $ $ - 78-21 Install new cables/wires and reinstall all existing cables / wires that are retained within an existing direct buried plant housing WHBFO EA 2 $ 158.19 $ 316.38 2.00 $ 316.38 $0.00 $ $ 316.38 $ 0 $ $ 79-22 Buried filled 100 pair, 24 gauge, copper cable installed in new conduit BFC100-24C FT 460 $ 3.52 $ 1,619.20 460.00 $ 1,619.20 $0.00 $3,217.28 $ 3,217.28 $ (1,598.08) $ 454 $ 1,598.08 $ 321.72 80-23 Buried filled 100 pair, 24 gauge, copper cable installed in an existing conduit BFC100- 24IE FT 157 $ 2.99 $ 469.43 157.00 $ 469.43 $0.00 $ $ 469.43 $ 0 $ $ 81-24 Buried filled 200 pair, 24 gauge, copper cable installed in new conduit BFC200-24C FT 53 $ 4.92 $ 260.76 53.00 $ 260.76 $0.00 $ $ 260.76 $ 0 $ $ 82-25 Buried filled 200 pair, 24 gauge, copper cable installed in an existing conduit BFC200- 24EI FT 417 $ 5.03 $ 2,097.51 417.00 $ 2,097.51 $0.00 $2,555.24 $2,555.24 $ (457.73) $ 91 $ 457.73 $ 255.52 83-26 Copper splicing for existing cables using splicing modules HC3E EA 500 $ 3.15 $ 1,575.00 500.00 $ 1,575.00 $0.00 $ $ 1,575.00 $ 0 $ $ 84-27 Install new cables and reinstall all existing cables that are to be retained within an existing buried plant pedestal W13D EA 1 $ 57.75 $ 57.75 1.00 $ 57.75 $0.00 $ $ 57.75 $ 0 $ $ Sub Total $ 78,630.37 $ 78,630.37 $4,041.36 $ 15,113.44 $ 19,154.80 $ 59,475.57 $ $ 2,00.69 $ 1,915.46 Disconnection and removal of all aerial material, including CenturyLink Poles as described in plans Packet Pg. 797 PROJECT NAME: CONTRACT Bid # 20-7791 Contract Date 12/14/2020 Start Date Contractor PO # 4500210804 Pay Application # 3 Date: 10/27/2023 COLLIER COUNTY TRANSPORTATION DEPARTMENT Vanderbilt Beach Utility Conversion Phase IV Bid # 20-7791 12/14/2020 Start Date MasTec North America, Inc. ORIGINAL CONTRACT AMOUNT $1,765,869.40 REVISED CONTRACT AMOUNT $1,890,788.90 Change Order Value to Date $124,919.50 Overrun to Date $6,876.69 Underrun to Date-$631,499.18 WD#1 ITEM DESCRIPTION Unit PLAN LNIT CONTRACT CHANGE ORDERS C/O REVISED REVISED PREVIOUS THIS MONTH INSTALLED BALANCE CHANGE ORDER (OVERRUN) (OVERRUN) 10% QLANI PRICE AMOUNT ADD SUB # QTY CONTRACT INSTALLED INSTALLED TO DATE TO COMPLETE VALUE QTY VALUE RETAINAGE 85-28 Cut off abandoned cable XX-ABDN CA EA 5 $ 26.25 $ 131.25 5.00 $ 131.25 $ $ 131.25 $ 0 $ $ 86-29 Remove buried hand hole XXBHF EA 1 $ 131.25 $ 131.25 1.00 $ 131.25 $ $ 131.25 $ 0 $ $ 87-30 Remove aerial fiber XXCO Fr 1418 $ 0.71 $ 1,006.78 1418.00 $ 1,006.78 $ $ 1,006.78 $ 0 $ $ 88-31 Remove down guy XXPE E4 6 $ 25.27 $ 151.62 6.00 $ 151.62 $ $ 151.62 $ 0 $ $ 89-32 Remove anchor XXPF EA 6 $ 46.181 $ 277.08 1 6.00 1 $ 277.08 $ $ 277.08 1 $ 0 $ $ 90-33 Remove riser guard - 3 inch diameter (ID) x 8' XXMB82 E4 6 $ 13.13 $ 78.78 6.00 $ 78.78 $ $ 78.78 $ 0 $ $ 91-34 Removal - cut off abandoned cable XX-ABDN CA EA 5 $ 26.25 $ 131.25 5.00 $ 131.25 $ $ 131.25 $ 0 $ $ 92-35 Removal - buried plant housing E4 1 $ 53.03 $ 53.03 1.00 $ 53.03 $ $ 53.03 $ 0 $ $ 93-36 Remove All aerial cable EA 1 $ 0.32 $ 0.32 1.00 $ 0.32 $ $ 0.32 $ 0 $ $ 94-37 Remove CenturyLink Poles EA 2 $ 315.00 $ 630.00 2.00 $ 630.00 $ $ 630.00 $ 0 $ $ Sub Totall 1 $ 2,591.36 $ 2,591.36 $ $ $ 2,591.36 $ IF $ $ TOTAL LINE ITEMS 1 $ 126,974.73 $ 126,974.73 $ 24,460.62 $ 15,113.44 $ 39,574.06 $ 87,400.67 $ $ 2,810.69 $ 3,957.38 95-38 OWNERS ALLOWANCE 1 $ 9,600.00 $ 9,600.00 $9,600.00 $9,600.00 $ $ $ 960.00 CenturyLink NETWORK Aerial to Underground Utility Conversion - 01012 Total Base Bid $ 136,574.73 $ 136,574.73 $ 24,460.62 $ 24,713.44 $ 49,174.06 $ 87,400.67 $ - $ 2,810.69 $ 4,917.38 COMCAST NETWORK AERIAL TO UNDERGOURND CONVERSIONS 0101013 General Project Items 01013 96-1 Maintenance of traffic EA 1 $ 22,345.00 $ 22,345.00 1.00 $ 22,345.00 $ 11,172.50 $ 11,172.50 $ 22,345.00 $ S 0 S $ 2,234.50 97-2 Mobilization/ Demobilization EA 1 $ 5,432.00 $ 5,432.00 1.00 $ 5,432.00 $ 2,716.00 $ 2,716.00 $ 5,432.00 $ $ 0 $ $ 543.20 98-3 As -built plans Provide and maintain per contract documents EA 1 $ 3,344.00 $ 3,344.00 1.00 $ 3,344.00 $ $ 3,344.00 $ 3,344.00 $ $ 0 $ $ 334.40 Sub Total $ 31,121.00 $ 31,121.00 $13,888.50 $ 17,232.50 $ 31,121.00 $ $ $ $ 3,112.10 99-4 Supply and install all equipment listed in separate material list to comply with attached drawings. including fiber and cable to replace aerial network. Activate and test complete. EA 1 $ 169,451.94 $ 169,451.94 1.00 $ 169,451.94 $ 84,725.97 $ 63,544.47 $ 148,270.44 $ 21,181.50 $ 0 $ $ 14,827.04 100-5 Remove a0 disconnected aerial equipment, remove and dispose of, including any Comcast Poles. EA 1 $ 3,277.92 $ 3,277.92 1.00 $ 3,277.92 $ $ $ 3,277.92 $ 0 $ $ Sub Total $ 172,729.86 $ 172,729.86 $84,725.97 $ 63,544.47 $ 148,270.44 $ 24,459.42 $ $ $ 14,827.04 TOTAL LINE ITEMS $ 203,850.86 $ 203,850.86 $98,614.47 $ 80,776.97 $ 179,391.44 $ 24,459.42 $ $ $ 17,939.14 101-6 OWNERS ALLOWANCE $ 20,400.00 $ 20,400.00 $16,359.63 $16,359.63 $ 4,040.37 $ $ 1,635.96 CenturyLink NETWORK Aerial to Underground Utility Conversion - 01012 Total Base Bid $ 224,250.86 $ 224,250.86 $98,614.47 $ 97,136.60 $ 195,751.07 $ 28,499.79 $ $ $ 19,575.10 WD#1 Packet Pg. 798 PROJECT NAME: CONTRACT Bid # 20-7791 Contract Date 12/14/2020 Start Date Contractor PO # 4500210804 Pay Application # 3 Date: 10/27/2023 COLLIER COUNTY TRANSPORTATION DEPARTMENT Vanderbilt Beach Utility Conversion Phase IV Bid # 20-7791 12/14/2020 Start Date MasTec North America, Inc. ORIGINAL CONTRACT AMOUNT REVISED CONTRACT AMOUNT Change Order Value to Date Overrun to Date Underrun to Date $1,765,869.40 $1,890,788.90 $124,919.50 $6,876.69 -$631,499.18 ITEM DESCRIPTION tAit PLAN LIMIT CONTRACT CHANGE ORDERS C/O REVISED REVISED PREVIOUS THIS MONTH INSTALLED BALANCE CHANGE ORDER (OVERRUN) (OVERRUN) 10% QLAN'1 PRICE AMOUNT ADD SUB # QTY CONTRACT INSTALLED INSTALLED TO DATE TO COMPLETE VALUE QTY VALUE RETAINAGE TOTAL CONTRACT - Plus alternate 1: Does not include Alternate 2: PO# 4500 EA 1 $ (41,200.11) $ (41,200.11) $ (41,200.11) $ 102-1 103-2 Alternate 2: Install one sub aqueous bore with two 4, one 3" and one 2" HDPE Conduits under the northern bridge using wire line or equivalent. Charge actual length. In lieu of lines 15 and 16 in section 01010 LF 1000 $ 234.00 $ 234,000.00 1000.00 $ 234,000.00 $ $ $ 234,000.00 $ 0 $ $ TOTAL CONTRACT - Plus alternate 1: Does not include Alternate 2: PO# 4500 1 $1,765,869.40 $1,890,788.40 $851,Gas .11 $414,260.28 $1,266,166.41 $624,622.49 $124,919.50 $6,876.69 $126,616.64 WITH THE SUMMARY SHOWN BELOW, WHICH IS HEREBY AUTHORIZED FOR PAYMENT. COPIES ARE BEING FORWARDED FOR PROCESSING TO THE FINANCE DIRECTOR FOR COLLIER COUNTY. MONTHLY ESTIMATE SUMMARY ENDING DATE ORIGINAL CONTRACT AMOUNT REVISED CONTRACT AMOUNT PERCENT TIME PERCENT OF WORK TO DATE TOTAL VALUE OF WORK TO DATE LESS 10% RETAINAGE TOTAL DUE TO DATE LESS PREVIOUS PAYMENTS LESS RETAINAGE AMOUNT DUE THIS INVOICE BY THIS APPLICAI ION HAS BEEN CUMPLEI ED IN ACCORDANCE WITH THE CONTRACTS DOCUMENTS. THAT ALL AMOUNTS PAID FOR WORK WHICH PREVIOUS PAYMENTS WERE ISSUED AND RECEIVED FROM THE COUNTY AND THAT CURRENT PAYMENT IS NOW DUE. CONTRACTOR AGREES THAT OVERRUNS SHOWN ON THE MONTHLY ESTIMATE SUMMARY SHALL, IN FACT, BE ADDED TO THE CHANGE ORDER. L, t� Digitally signed by Michael B. Acosta, P.E. Michael B. Acosta, RE. $1,765,869.40 CONTRACTOR: Date: 2023.12.0111:16:12-05'00' 1,890,788.90 BY................................................................................................................... 86.86 L�hli'laUy�signed by Sizeng1ky M 66.96 Sizensky,ludith $1,266,166.41 PROJECT MANAGER.. .... .............................A8Ye:2A23.12,01.... ll I $126,616.64 $126,616.64 Collier County P T NE I ifi"5'00' $ 1,139,549.77 p aN�. 766,715.52 CEI I_. 372,834.25 Stantec Consulting Services, Inc. Packet Pg. 799 16.B.9.c procliret)1(dllt SorvlGHs Chango Order Form ❑ Contract Modification ❑ Worl(Ordor Modifirnlion Contrast il: 20 7791 Chango !1; 1 Purchnoo Order 11: 4600210001 project f : -NA Vanderbilt Drive Unclorground UII ConlractorlPirm Ulm: MasTec Noril) America inc. ContracUProJoat: BIy converoion _��(Y. Harry fells PTNE f roJoot MnnngorName: �..._....____— -- Divioton Nnmo: Criglrtal Contract/Work Order Amount $ 1L765r869140 - 2123121 ; 'I'll Original BCC Approval Date; Agenda Item it Current BCC Approved Amount $ 1,785,869AO. 212312*1 ; 1-1 Last BCC Approval Date; Agenda Item 11 Current ConlracllWork Order Amount $ 1,766,869.40 _ 5/1712022 SAP Contract Expiration Date (Master) Dollar Amount of tills Change $ 124 g19.60 7,07% 'Total Change from Original Amount Revised ConlractlWorl( Order'rotal $ 1 BBO 788,90 7.07% Change from Current DOC Approuad Amount Cumlrluthm Chan, ec) e $ 124,9 icJ,GO 7.07% Change from Current Amount Complollon Dato, Dooarlptlon of theTaol((o) Change, and Rn(lonnle for the C11011go Notice to Proceed 05/1712021 Original 611712022 Last Approved 611712022 Rovisad Date 0/112022 Date Completion We Dato (Includes tills chnnoo) If of Days Added 107 «—` Select Tasks 9- Add now task(s) El Delete tasli(s) [) Change (ask(e) Q Othor Provide a response to the following;1,) dotallod and spoolfla oxplanationimilonalo of tho ro(µlostod obange(a) to the tosl((e) and ! or the ndditionai (lays added (if roquostod); 2,) why tills ohango was not Included In the original contract; and, 3.) describe the Impact this ohango is not procossoo, Allacn aacimonai iniorinauon iron to Design vroiessionat onaror uontracior a noouoc, 1. Tills Change Order Roquosf Include the addition of Ilme by 107days urnd cost by $124,919.60 for Increases to 7 Items and the addillon of 1 item not previously on the contract, 2. Delays in acqulrng material and creating scheduling vorifllets will post) the completion dale very close to the scheduled completion. Tilt) change In completion will ensure that Ilia conirocl does not expire before comptellon, The Increases of items are a result of roquired modifications discovered in ilia field duo to physical right-of,way constraints. 3. It tills change Is not processed, It will prevent the energizing Who network and completion of Ilia project. Placing conduit, pascis, and Vaulls•01010 Item 118 boring wlih six 2" conduits - Increase by 200 feel at $18.44 = $3,600.00 Item 110 Boring with one 0' and six 2." condulls sub Aqueous Crossing - Increase by 200 feet at $06.80 - $13,360.00 Item 1110 Boring one 8' conduit sub aqueous crossln0 - Incromo by 100 feel at $40.63 = $4,663.00 Item 1111 A (New Item) direction bore one 0" end three 2" conduits - Add 2,000 foot at $45.23 t: $90,460.00 item 1121 Sofl dig pit - increase by 10 digs at $408.45 = $4,084.60 FPL Network 01011 Rent 1120 100253004 Cable Alum 600V 410 31c TPL HM1HD Poly- Increase by 300 feet at $10,00 = $3000.OD Item 1121 100261007 Cable Al 25 KV 210 M10 3 paralleled - Increase by 300 feet at $10.00 = $3000,00 Item f123 100298008 Cable AL 25W 210 1000 KCMIL- Increase by 900 feel at $2.08 = $2,064,00 Digitally signed by SellsHarry 5el I s H a rry Date: 2022,03,14 13:27:27-04'00' Prepared by: —_.___.._._.._ —____ __� _---- -- Dale: (Project Manage, Harry Sells, P'fNC)- Acceptance of this Change Order shall constitute a modiflcallon to contract 1 work order identified above and will be subject to all the same terms and conditions as contained In Ilia contract 1 work order Indicated above, as fully as It iho same were stated in tills acceptance. The adjustment, If any, to ilia Contract shall constitute a full and final settlement of any and all claims of the Contractor 1 Vendor I Consultant 1 Design Professional arising out of or related to Ilse change set forth hereln, Including cdnims for Impact and delay costs. Acooptod by:' TVA V' N V V O (MasToc North America), CHI© Aocoptod by: Revised: 0 1/ 1412021 (Pivistons who nrny require addlnonal slgnaturos may Include on sopmolo sheet) Dale: Gp ()3/2 �1 /2()22 Dale: _-_ M PnoauneM IT U9e ONLY I+-' C Adnttn_- — Ile „p4o8 M V R a+ Q Packet Pg. 800 16.B.9.c a rTl Q l d m 0:911allysi0ned11yasn01,pi Dalef 20'12.03.22 1 4:S9:40 .04'00' Approved by. (Michelle Arnold, P7Nt3 bireclor} CS S cottT i t n it` Y , Digitally signed by ScoltTrinity t i t I Dale: 2022.03.24 17:33:31-04'00' Approved hy:. - ..... _..... pate: _ -- - (Trinity Scott, t78partntent I tesd,'l'ransporloServices) Sc h ee e rg e r5 d ra Digitally signed by SchneebergerSara Date: 2022.03.30 11:44:12-04'00' Approved by: _ _...�.._. _.____ Data: (Proauremont Professional) M Revised: 011141202t (Divisions whornoy requlro flddlftml aignMures may Include on aoperute sneob) rnocuneetela useos�r n0nm0 n I , gCBN 6 . ��. n01 ..�. Q Packet Pg. 801 16.B.9.c ATTEST: Crystal K. Kinzel,.Clark of Courts & Comptrop r nn By: u C r Dated:;- (SEA) Attest as to ChaiMA si dure 0nly4 A grove as t 70r ttid egal' y: B c tut . eac i Deputy County Attorney BOARD OF CO U TY COMMISSIONERS COLLIER COU A C' By: Willia . McDaniel, Jr., Chairman M C N E t V R r Q Packet Pg. 802 Change Order/Amendment Summary COft AMD# Description COST TIME -Days Justification Additive Deductive ays Added New Amount Add days and modify costsconstruction $124919.50 107 472 Required changes discovered In ---------------- ---- M E U 2 Revised: 01/14/2021 (Divisions who may require additional signatures may Include on separate sheet.) [�;PROCUREMENT USE ONLY BC(' gamin ACIG its Packet Pg. 803 16.B.9.c From; d&AU,15 1'01 2,l.iclrty CCI flE�1 l._11C4�Lti �StrS 1Z)YS2i 1QSIlL'.11arlA(]G5�#t1117 �lt?Il(h".�%Uj21t1'.i4?11 Subject; CHANGE: ORDER VANDERBILT DR, Datot Monday, March 14, 2022 12:47:01 PM I?N'I1;It '41\1 k'N'11\I I , This email fs fi-0111 an cXW1'11 I soin•ce. C 011 irn1111k is a trusted sender 4 d Wk C-X1rCIlle C8116011 wllell Opening 11LU1ellnlentS or clicking links. Good Afternoon, Mr, Sells I am requesting a change order on the following items. Placing Conduit, Pads, and vaults 01010 Item h8 Six 2" conduits 200 Feet Additional @ $18.44 for a total of $3,688.00 Item 11 9 One 6" plus six 2" Conduits, Sub Aqueous Crossing, Charge for actual length Pt to Pt 300' wire line or equivalent, 200 FEET ADDITIONAL @$66.80 for a total of $13,360,00 Item H 10 One 6" Conduit Sub Aqueous Crossing. Charge for actual length Pt to Pt 800' wire line or equivalent. 100 FEET ADDITIONAL @ $46.63 fora total of $4,663,00 Item 4 11A Directional Bore one 6" and three 2" In one bore 2000 FEE'F at $45.23 per foot for a total of $90,460.00 Item 1120 Soft Dig Pit Need to add 10 at $408,49 for a total of $4,084,90 FPL Network 01011 Item H 52 100253004- Cable, ALUM., 600 V, 4/0 3/cTPI.X HM/ HD POLY. 300 FEET ADDITIONAL at $10,00 for a total of $3000.00 Item H 53 100261007- Cable, AL, 2.5 KV, 2/c 111./0, 3 Paralleled. 300 FEET ADDITIONAL @ $10.00 for a total of $3,000.00 Item 1155 100298008- Cable, AL, 25KV,2/C 1000KCMIL, 900 FEET ADDITIONAL @ $2.96 for a total of $2,664,00 Thank You, Eric Adkins Supervisor 239-689-991.1 Eric Adkins Supervisor 239-689-9911, M Y Q Packet Pg. 804 CARY C1074nty Contract Modification Contract #: 20-7791 Change #: 2 Purchase Order #: 4500210804 Project #: FNA ❑ Work Order Modification Procurement S 16.B.9.d Change Order Form Contractor/Firm Name: FmasTec North America, Inc. Contract/Project: Vanderbilt Drive Underground Utility conversion Project Manager Name: Harry Sells Division Name: PTNE Original Contract/Work Order Amount $ 1,765,869.40 2/23/21 11J Original BCC Approval Date; Agenda Item # Current BCC Approved Amount $ 1,890,788.90 4/26/22 16A14 Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount $ 1,890,788.90 9/1/2022 SAP Contract Expiration Date (Master) Dollar Amount of this Change $ 0.00 7.07% Total Change from Original Amount Revised Contract/Work Order Total $ 1,890,788.90 0.00% Change from Current BCC Approved Amount Cumulative Changes $ 124,919.501 0.00% Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed 05/17/2021 Original 5/17/2022 Last Approved 9/1/2022 Revised Date 12/3/2022 Date I I Completion Date Date (Includes this change) # of Days Added 93 Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ® Other Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. 1. Time added due to unexpected circumstances including FPL placing the project on hold for five months due to internal FPL issues; Comcast delaying work through internal company issues; and Prime Contracdtor delaying bridge conduit design and installation. 2. The project time and cost was based on assumptions that contemplated the general complexity of the project and could not have anticipated the coordingtion issues and unexpected occurrences that transpired. 3. If this Change Order is not approved, the work order will expire and the project cannot be proceed to completion. SellsHarr Digitally signed by rry Date: 2022.08.15 12:20:31 :20:3104 Y-04'00' v Prepared by: Date: (Project Manage, Harry Sells, PTNE) .L V Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same E terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / o Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Z Digitally signed by Michael B. Acosta, Michael B. Acosta, P.E. P.E. Accepted by: Date: 2022.08.15 16:02:55-04'00' Date: N (Michael Acosta, MasTec North America), L a� L 0 a rn o l d m Digitally signed by arnold_Im a Date: 2022.08.16 07:41:22-04'00' Approved by: — Date: (Michelle Arnold, PTNE Director) U Digitally signed by +' CS ScottTrinity Date:Scott022. y Date: 2022.08.19 E 08:38:55-04'00' Approved by: Date: (Trinity Scott, Department Head, Transportation Management Services) a Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin packet Pg. 805 16. B.9.d Approved by: SchneebergerSara (Procurement Professional) Digitally signed by SchneebergerSara Date: 2022.08.22 09:20:56-04'00' Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) Date: v r c m E t ns .r a PROCUREMENT USE ONLY Admin Packet Pg. 806 16.B.E Change Order/Amendment Summary CO# AMD# Description COST TIME Justification Additive (+) Deductive (-) Days Added New Amount 1 Add days and modify costs $124,919.50 107 472 Required changes discovered in construction. 2 Add Days 93 565 Conflicts with various utilities and sub contractor delayed conversion of low voltage network 06 u_ H a .r a Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin Packet Pg. R07 16. B.9.d SotoCaroline From: SeIlsHarry Sent: Thursday, August 04, 2022 11:52 AM To: SotoCaroline Subject: FW: CHANGE ORDER WR#5686943 Mastec Change order request. Harry From: Eric Adkins <Eric.Adkins@mastec.com> Sent: Tuesday, July 26, 2022 10:26 AM To: SeIlsHarry <Harry.Sells@colliercountyfl.gov> Cc: Joelle Hammesfahr <Joelle. Ham mesfahr@mastec.com>; Charles Robinson <Charles.Robinson@mastec.com>; Nicholas Sheckler <Nicholas.Sheckler@mastec.com> Subject: CHANGE ORDER WR#5686943 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Morning, Harry Due to the delays in attaching conduit to the Cocohatchee Bridge and completion of the low voltage, we need to extend the length of our contract to prevent it from expiring. As we discussed the January date appears appropriate. Regards, Eric Adkins Supervisor 239-689-9911 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. v a Packet Pg. 808 16.B.9.e Collier County PTNE Division WORK DIRECTIVE CHANGE CONTRACT # /PROJECT NAME: Work Order under Contract #20-7791 Vanderbilt Dr Beach MSTU Utility Project PURCHASE ORDER #: 4500210804 OWNER: Collier County Board of Commissioners CONTRACTOR: Mastec North America Inc. WORK DIRECTIVE #01 Underground Utility Burial Conversion for phase IV of Vanderbilt DATE OF ISSUANCE: 10/26/2022 PROJECT#: NA ENGINEER/DESIGN PROFESSIONAL: FPL, Comcast, and CenturyLink You are directed to proceed promptly with the following change(s): Description: Authorize Mastec North America to purchase material per attached list to be charged against Owners Allowance Item 95-38 $9,600.00 and Item 101-6 for $16,359.63 from $20,400.00 for a total of $25,959.63 for material required to complete low voltage installation of project. 1. Additional material is required to accommodate modification of conduit installation on Cocohatchee Bridge work is requested by the OWNER in response to Mastec North America, Contractor, request to slightly modify conduit mounting design, on the Cocohatchee Bridge. 2. Additional cable due to errors in the Utilities design which reflected different size cables. Purpose of Work Directive Change: To authorize money expenditure from Items 95-38 and 101-6 Owners Allowance to account for the additional work quantities to the above -mentioned line items, as requested by Collier County MSTU Division. Reason/Justification: Collier County MSTU Division was originally planning to install two runs of conduit on each side of the Cocohatchee bridge. Under the guidance of Mastec North America it was determined that using standard Unistrut equipment and design will simplify the design, speed up the installation, and improve the look of the finished product. The design of the low voltage cable provided by the utilities was different from what was actually installed. The ti MSTU must replace like for like. N U a� If a claim is made that the above change(s) have affected Contract/Allowance Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the c effect of the changes(s). Method of determining change in Contract/Allowance Price: ® Unit Prices ❑ Lump Sum ® Time & Material ❑ Other Method of determining change in Contract Times ❑ Contractor's records ❑ Engineer's record ❑ Other CEI's Record Packet Pg. 809 16.B.9.e Estimated usage of decrease in Allowance: For Item 95-38 is $9,600.00 leaving balance of $0.00 For Item 101-6 is $16,359.63 leaving balance of $4,040.37 Total change $25,959.63 Estimated change in Contract Time: None AUTHORIZED: Digitally signed by SellsHarryDaSellslarryte: 20 2.11.07 09:23:57 -05'00' By: Harry Sells, MSTU Project Manager PTNE Division a Packet Pg. 810 16.B.9.e L9 Gr%4)aR. 4507 OAK FAIR BLVD TAMPA FL 33610 Phone: 813-259-4100 Fax: 813-259-4370 To: MASTEC N. AMERICA INC (COMM) Date: 09/19/2022 12751 WESTLINKS DRIVE Proj Name: FORT MYERS FL 33913-8615 GB Quote #: 0241640052 Rev-2 Attn: Eric Adkins Release Nbr: Phone: 239-768-5001 Purchase Order Nbr: Fax: 239-768-0035 Email: Additional Ref# Valid From: 09/19/2022 Valid To: 10/19/2022 Contact: KAYLA SHOOK Email: kayla.shook@graybar.com Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows Item Itemg1pe Cluantit. Supplier Catalou Nbr Description Price Unit Ext.Price 100 130 EA UNISTRUT P1000T 10SS STAINLS ST 1.625 $1,680.72 100 $2,184.94 IN X 1.625 IN 12GA SLTD GB Part #: 94008186 UPC #: 78636489929 ***Item Note:*** TAMPA ZONE STOCK 200 47 EA UNISTRUT P1119 SS RIGID STEEL $795.02 100 $373.66 CONDUIT CLAMP 3 IN GB Part #: 92051929 UPC #: 78636401847 ***Item Note:*** TAMPA ZONE STOCK 300 141 EA UNISTRUT P1121 SS RIGID STEEL $1,154.69 100 $1,628.11 CONDUIT CLAMP 4 IN > GB Part 4: 93157247 UPC M 78636401866 ***Item Note:*** FACTORY STOCK IL ti - N 400 50 EA UNISTRUT P1117 SS RIGID STEEL $669.58 100 $334.79 U CONDUIT CLAMP 2 IN N GB Part M 90085874 UPC M 78636401826 ***Item Note:*** PARTIAL STOCK SOUTH FL, BALANCE GA r 0 ((order in increments of 5)) N r v N L_ 0 L O This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 3-1 to speak with a leasing specialist. 1n To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR 0) E t U Subject to the standard terms and conditions set forth In this document. Unless otherwise noted,frelght terms are F.O.B. shipping point prepaid and bill. +�+ Unless noted the estimated ship date will be determined at the time of order placement. Q Page 1 of 3 Packet Pg. 811 16.B.9.e To: MASTEC N. AMERICA INC (COMM) Date: 09/19/2022 12751 WESTLINKS DRIVE Proj Name: FORT MYERS FL 33913-8615 GB Quote M 0241640052 Rev-2 Attn: Eric Adkins Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows 500 4 EA COOPER B1999 B-LINE SYS GB Part M 90071811 UPC #: 78101103383 ***Item Note:*** MO STOCK 600 0 EA HILTI KB-TZ 1/2X41/2 (SS TYPE 316) VIBRA CUSHION $51,840.69 100 20FT/PK Total in USD (Tax not included): $2,073.63 $6,595.13 This equipment and associated install0on charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR Subject to the standard terms and conditions set forth in this document. Unless otherwise noted,freight terms are F.O.B. shipping point prepaid and bill. Unless noted the estimated ship date will be determined at the time of order placement. Page 2 of 3 r Q Packet Pg. 812 16.B.9.e 3305 Highway 60 West FARIBAULT, MN 55021-4869 Order Acknowledgement Order Number: SO16204429 Sales Order Date: Terms 05/03/22 Net 30 Days_ Customer ID Contact 366420 Eric Adkins Sold To: MASTEC NORTH AMERICA INC - CTL Eric Adkins 7221 E DR MARTIN LUTHER KING JR TAMPA, FL 33619-1129 USA Ship Via Customer PO No. �SHOPGROUND 21372 Item No. Description Ship To: MASTEC NORTH AMERICA INC - CTL Eric Adkins @ 239-738-5605 239-738- 26430 Old 41 Rd Eric Adkins @ 239-738-5605 BONITA SPRINGS, FL 34135 Jstephanie.foti Timothy Weaver Page: 1 Unit Quantity Unit Price Total Price 0000519503 CABLE OSP FIBER 288 LT ABD SJA FT 5,000 288ZUC-T4122D20 0000375917 Cable ANMW 100Pr 24Ga FT 1,000 6987721 0000375921 CABLE ANMW 200PR 24GA FT 600 6987739 Reference Customer PO# 21372 from Eric Adkins Thank you for your order. We appreciate your business. Once cable has been cut it is non -cancellable, non -returnable. No Exceptions. Call Eric Adkins 24hrs B4 delvry @ 239-738-5605 Amount Subject to Amount Exempt Sales Tax from Sales Tax 12,919.52 0.00 www.kgplogisties.com 1.6053 2.2517 4.4022 Subtotal Total Sales Tax Total 8,026.50 2,251.70 2,641.32 a r O d C� d L_ L O 12,919.52 ui 850.17 E z U 13,769.69 Q Packet Pg. 813 16.B.9.e Order Acknowledgement Order Number: S016204432 Sales Order Date: Terms 05/03/22 Net 30 Days Customer ID Contact 366420 Eric Adkins 3305 Highway 60 West FARIBAULT, MN 55021-4869 Sold To: MASTEC NORTH AMERICA INC - CTL Eric Adkins 7221 E DR MARTIN LUTHER KING JR TAMPA, FL 33619-1129 USA Ship Via FLAT Item No. Description Customer PO No. 21372 Unit Ship To: MASTEC NORTH AMERICA INC - CTL Eric Adkins / 239-689-9911 26430 Old 41 Rd BONITA SPRINGS, FL 34135 USA stephanie.foti Quantity 0000509625 HANDHOLE PC T15 36X60X36 SP EA 366036PCT15K-CTL Reference customer PO# 21372 from Eric Adkins Thank you for your order. We appreciate your business. Call Eric Adkins 24hrs B4 delvey @ 239-689-9911 SQ196333 New quote Amount Subject to Amount Exempt Sales Tax from Sales Tax 5,254.54 0.00 www.kgplogisties.com Salesperson othy Weaver Unit Price Page: 1 Total Price 4 1,313.6341 5,254.54 Subtotal: 5,254.54 Total Sales Tax: 340.27 Total: 5,594.81 Q Packet Pg. 814 16.B.9.f Collier County PTNE Division WORK DIRECTIVE CHANGE CONTRACT # /PROJECT NAME: Work Order under Contract #20-7791 Vanderbilt Dr Beach MSTU Utility Project PURCHASE ORDER #: 4500210804 OWNER: Collier County Board of Commissioners CONTRACTOR: Mastec North America Inc. WORK DIRECTIVE #02 Underground Utility Burial Conversion for phase IV of Vanderbilt DATE OF ISSUANCE: 3/23/2023 PROJECT#: NA ENGINEER/DESIGN PROFESSIONAL: FPL, Comcast, and CenturyLink You are directed to proceed promptly with the following change(s): Description: Authorize Mastec North America to purchase material required to complete low voltage installation of project per attached materials list. The cost for the material will be charged against Owners Allowance for Item 33-33 in the amount of $12,064.46 from available balance of $150,000.00. The identified material is required for the project and reflects material adjustments needed to accommodate modification of conduit installation on Cocohatchee Bridge. Work is requested by the OWNER in response to Mastec North America, Contractor, request to slightly modify conduit mounting design, on the Cocohatchee Bridge. Purpose of Work Directive Change: To authorize money expenditure from Items 33-33 Owners Allowance to account for the work quantities to the above -mentioned line items, as requested by Collier County MSTU Division. Reason/Justification: Collier County MSTU Division was planning to install four runs of conduit on the west side of the Cocohatchee bridge. Under the recommendation of the Contractor, Mastec North America, it was determined lack of plumb and level of the bridge and of the rigidity of the conduit required flexible conduit connections at several points on the bridge. This will make actual installation of the conduit possible and speed up the installation and allow for better expansion of the conduit.. If a claim is made that the above change(s) have affected Contract/Allowance Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract/Allowance Price: ® Unit Prices ❑ Lump Sum ® Time & Material ❑ Other Estimated usage of decrease in Allowance: Method of determining change in Contract Times: ❑ Contractor's records ❑ Engineer's record ® Other CEI's Record Existing Amount of Line Item Allowance Balance Allowance to Use Amount Item 33-33 $150,000.00 $12,064.46 $137,935.54 Estimated change in Contract Time: None Packet Pg. 815 16.B.9.f AUTHORIZED: SellsHarry Digitally signed by SeIlsHarry Date: 2023.03.23 15:44:15 1� 11 By: Harry Sells, MSTU Project Manager PTNE Division Packet Pg. 816 OORDON ELECTRIC SUPPLY, INC. GORDON ELECTRIC SUPPLY - WEB 1290 N. HOBBIE AVE P.O. BOX 231 KANKAKEE, IL 60901 Phone 815-936-4700 Fax 815-932-7484 QUOTE TO: WEB CUSTOMER KANKAKEE, IL 60901 III III 11111111 III I 111I I I 16.B.9.f Quotation EXPIRATION DATE QUOTE NUMBER 04/22/2023 S2556914 GORDON ELECTRIC SUPPLY - WEB PAGE NO. 1290 N. HOBBIE AVE P.O. BOX 231 IL Pho eA815 936-47001 1 of 1 Fax 815-932-7484 SHIP TO: WEB CUSTOMER MIAMI, FL 33011 CUSTOMER NUMBER CUSTOMER PO NUMBER JOB NAME / RELEASE NUMBER SALESPERSON 7228 eric WEB WRITER SHIP VIA TERMS SHIP DATE FREIGHT ALLOWED ROB B RED UPS NEXTDAY 03/23/2023 No ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE SHIPPING INSTRUCTIONS eric.lohuiz@mastec.com CALBRITE S23000CC00 SS 3" COMP CPLG 2ft 314.550/ea 629.10 ***Above may not be returnable!*** - priced each - in stock 6ft CALBRITE S24000CC00 SS 4" COMP CPLG 390.880/ea 2345.28 ***Above may not be returnable!*** - priced each - in stock 2ea S63000EXDF 31N SS316 EXPANSION 1486.520/ea 2973.04 DEFLECTION FITTING ***Above may not be returnable!*** 3ea S64000EXDF 41N SS316 EXPANSION 1897.680/ea 5693.04 DEFLECTION FITTING ***Above may not be returnable!*** ** This is a Quotation ** Prices are firm for 30 days and subject to change without notice Subtotal 11640.46 after 30 days. Applicable taxes not included. S&H Charges 424.00 Amount Due 12064.46 Printed By: ROBB on 3/23/2023 1:41:16 PM CDT I Packet Pg. 817 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with MasTec North America, Inc. ("Contractor") of 800 S Douglas Road. Suite 1200, Coral Gables, FL 3134, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "Vanderbilt Drive Underground Utility Conversion Phase 4 Invitation to Bid No. 20-7791 (''Project"), as said Work is set forth in the Plans and Specifications prepared by Collier County Public Transit & Neighborhood Enhancement Division, Comcast, CenturyLink. FPL, and Hole Montes, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents. signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel; supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. in consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount {herein "Contract Amount"}, in accordance with the terms of this Agreement One Million Seven Hundred Sixty -Five Thousand Eight Hundred Sixty -Nine Dollars and Forty Cents ($1,765,869.40). Section 4, Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner, provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fi-ns.treas.govic570/c570.html#cert[fied. Should the Contract Amount be less I Construction Services Agreement: Revised 092520 (0) than $500,000, the requirements of Section 287.0935, F.S. small govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Worst under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Three Hundred Sixty -Five (320) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof} is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Forty -Five (45) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand Six Hundred Ninety Dollars ($1,690.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday 2 construction Services Agreement: Revised 092520 (v7) or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents, H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incor orated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation 20-7791 "Vanderbilt Drive Underground Utility Conversion Phase 4. Exhibit A-1. Contractor s Bid Schedule Exhibit A-2. Contractor's Bid Submittal Forms and Addendums Exhibit A-3. Contractor's List of Key Personnel Exhibit 13-1: Payment Bond Forms ❑ Not Applicable Exhibit B-2: Performance Bond Forms ❑ Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit ❑: Contractor Application for Payment Form 3 Conskiciion Services Agreement: Revised 092520 (v7) 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 Z Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 20-7791 "Vanderbilt Drive Underground Utility Conversion Phase 4. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https:llwww-bidsync-comlbidsync-cast, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( Z ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding - ®Exhibit J: Technical Specifications ❑Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: Collier County Public Transit & Neighborhood Division; Comcast; CenturyLink, FPL, and Hole Mantes, Inc. Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A- All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following. Collier County Board of County Commissioners, FL clo Public Transit & Neighborhood Enhancement 8300 Radio Road Naples, Florida 34104 Attn: Harry Sells, Project Manager Phone: (239) 252-4980 Email. Har .Sells colliercount fl. ov B- All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail. E-mail or Facsimile, addressed to the following; MasTec North America, Inc. 7221 E. Martin Luther King Blvd. Tampa, FL 33519 Attn John C- Audi, Executive Vice President Phone 813-675-0879 Email: Maureen-popvichCa)mastec-corn C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 4 Construclion Services Agreement: Revised 092520 (v7) Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows! "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section S. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof: the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11, Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized. and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severab_ilitY. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 construction Services Agreement: Revised 092520 (0) Section 15. Change Order Authorization, The Project Manager shall have the authority on behalf of the Owner to execute a I I Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures_ Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17, Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terns 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 k x4�Y V Construction Services Agreement Revised 002520 W) IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. Jade Davis Print Name SECOND WITNE Traci Koza Print Name Date: December 14. 2020 ATTEST: Crystal K. Kinzel,, Clerk of Courts & Comptroller Y: d5.1a uaalrliaA sipature Wyk Approved a's to Form and Legality: IV Ass\istaht C unty Attorney Print Nangle 1� CONTRACTOR: MasTec North America, Inc. By: _.7 — John C. Al , Executive Vice President 12/14/2020 Print,Name and Title Date TC T'AIN4:ii BOARD OF COUNTY COMMISSIONERS OF COL ER COUNTY FLORIDA BY: Penny Taylor, Chairperson 7 Construction Services Agreement: Revised 092520 tv7) EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE [FOLLOWING THIS PAGE] B Construction Services Agreement! Revised 092520 (0) Sulldtatil7n No: 20.7791 PROJECT TRIE: Vanderblit Od" IJ rdorZrowrrd LAI lily CO wrslon Phase IV Boo DATE I "Ct-20 BID SCH EDULE ■InnCBt MacTPr Nnrth AmPfira. Inc LACING CANDUIT, PADS AND VAULTS PLACE - 01MG Gs Hard pr2jta It.ms - OWN 0jardity Llydls llnft Sop ToLI 1 Malmenams Of tnft M071 I LS S 98,633A0 $ 33433.00 1 mubllG►tlon I LS 74A9m 7443.0D 3 As -bulk plans JPr llle sod tra ntilln Per Contrail dacummui 1 LS 6.556A0 S 6 556.0P 4 rmechMig Feel Incl. Ins. Of c &A kac Hi and corn:vd lon 000 LF S 8,01 $ 16 020.00 -MD- labor MoeevtoljFiL mPlark7 pravfdrd>'r OaSlsrjl►d]4WMPlf k7GBrdrr v77 A")fLmpjmrtltrucum uia'd to mstom-01020 5 One Y' Cm&lr _ t D00 LF S 8-91 8 910.00 6 7w 2" 0md!Ots 1 200 LF S 9,49 $ 17 388.00 7 Three r CO.ouT4 1200 LP Maa 5 12 456m A VxZCandulu 200 tr 1 18.4/ 5 3sum 9 OrW6, pikas'.2 cobdults, Su Aqr * r4 r8e lot a ai le ngsh Pt to Pt M' were ne or equhakm m LF S 66.80 S 20 P/O.DO 7e ••nw-ti•.:. a.i, �.�, c. .nr a for .[lual aI• vi r_l7 k+•] w •f•1r Nr'. nl Lr /6.63 S 37 304-00 57 Ion. S"Condult ,:iV+ -I 5 18.54 $ i08.00 law Yol[a Gr-01019• LsBdr n Two Bores, Twv 4", O.3u' �aadoe 2m ConuSuAquw%Crsslr0artotuarh PON to point 80Wt, 1100 If $ G6.s0 $ 73 48MM 13 Om 3' and nee 2- COndwk 6500 Lr S 12.4•t 80,860.09 14 is Insnll One 4' and ono 3' SWIhksS goal rigid conduit on Wert side of Cowhw"vv kridg. acrnrdi.9 TO PrInL. h;ludln al] mouMln hardware. Charge for adLmlr 4s0 LF 204.00 S 9S 011.0o 16 I44"1 Two 4" Stainless Steal r131d gondu it on eart side of Cocohalrhse Bridge acwrding to prints Fred ding dI mountln hardware. Ch.W toracblsi footage 500 LF 224-00 1 000.00 MIM1111ns6w1 17 Remove Co ,ama Sidewalk 4' k 10' ID EA S 5LM 510.00 1P Mmwe[or-crer. t]rfvewa IN a 20' to FA 5 137.00 1,370.OD 19 Remour Asahsk ].5' a 27 30 EA 5 44.00 j 440.00 20 HandO Pk y 70 SA S 433.00 S 8 -00 21 SaR PA 20 EA $ 408.45 �� 8169,00 22 Set ConCAete 7p rans7orrnar: ads 10 EA 627.90 6,279.00 13 Set Vine swnrh Caurnts Pads 6 EA S 7,517.75 9,16650 24 se Ca Iryc liana COn4fit4 Pads 1 EA 991,20 9L91.2p 25 15e Cn--ft vauir 15. a 5' %10' 8 ER 1 283.10 10 264ZO 2i. Set Pfl"Fy Vomits, , VA 3' a S' S$ FA 599.55 R "32S 27 Ssi sacondm Vsutu thand h0e 30 FA 191.90 8.757.00 Mp.rlallpr LAer yNra 29 2"xhsduis HDPE SDR 11 bran II= Fr 5 0.81 6480.00 29 4' Khedul , HOPE $DR 11 -Oran A 5tlp FT 3109 $ 26r266.00 38 4' xhsduN HOPE SOR 11 Bhac l7ran 1 ISM FT S 3.M $ 4,944.00 3! 4' Stsln4am conduit Ism Fr 91-22 136 83p00 91 3' stslnkm Conduh 500 Frs 86.14 43.070A0 ronl a! aNtNe Iearu 491.97A75 � c.,.,..,k..,...,.r• L5d ad aLAi1NG CONOIJft. PADS AND VA LrL T5 Al TCrrAI ARSE Rid Tur'al $ 3.042,975.75 FPL fd - K . Aef 0 to Un_deMmpLd_ Ik�ty _ ......................... i GENERAL PRDIECT ITEMS • 01011 QW l 1 Links volt Celt Teal 1 In14NTE7l/WCE OF TRAFFIC 1 EA $ 31,333-00 3 333.00 _ 2 3 Mobile ilon _ _ _ _ .........._ _ AS•WILi EMRD PLANS JPravlaft and maintain per contract docvmenis 1 EA _ I S -4,0110,00 EA S 5, 288.00 3 0OOW j 5,ZMOD i leper fa MOy! TO Mava LC6nnlctl AaKPI Strobl en0 FiHNK t0 VndRrpoupd MMRdRl 1ppptlltl hP FPL - 01011 _ 1 S Convert se rAce [secondery) RBan Frain Avlml to and trill Including Caordlnabon with FPL lnclofti cuftf hack condult and in Mmatf new conduit vrich cable Into a 94 macurner or "add Mods, diswasdrtB p cable from aerial Seed sod Connectktg to hurled feed. Iasi Gnat Installarlan. ili rn 7• C"r It Coxwart f"der Rlsers frwp Apial m Llndsrgraund IMN ding Cwndjnetfan ✓nth FPL InOW4ea cutting hack w nduI and,mulling new eordu It into I Vista Switch. Per VIM SWRch dhzunaeviing aMd from AIKal food and r nrcttAnslc burlad feed. Tint }Hsi Inmfa[rm. Ian6" Condult 5 2 7 EA $ 510.00 _ 1,715A0 BG44.011 14 231110 EA EA 3 372.00 1 033A0 6 Onneert PFh" Rheas Fran Aerial to BndeW%nd Including Cppfdinsfon with FPL Includes cubing back wndun and Inmlling new wdd uR inia a Vmm Switch , Per Vute Swhch dhaonntrcllnf table from aarlal fend and cannoctl m bailed Teetl. 7em final rnstallatbn. Rw,olm 2' Cpru uh 7 Instal and connect Nader rNm tow dvrt nemy InstalW hurled faster obis to eAnAng overhead leadt" o activate th a buried naWladL 2 EA UZZDD S 6,644.0O E 'FFVKhIng 66dfiR Corn; artIOn Ind Rsk Was Sod Npeur seconds , 15' r alma and feadeN XSOD 7T 7.44 ]a,6001s0 New pPt Purled Nepupk Cetn of saber to IflrtaR. Ae1Wat! and Tool. MalarW Sup Ikd by FPL ►esta}l Ground Rods, bansfmsw; melt w1rh4corutadlons, Including all PFL regulrod Items and precalt s on prelesttd4d Pao -Mil Il 9 45%10929 TRANSFORME POOP 3MZ3KV 1?0n 129124W 1 EA $ 3033.00 $ 033.00 10 45PSN56-TRANSMRME PO OF 3PI413k73AV 7501&V& ZXV LQOF SS 1 EA S 735.W $ 735.00 Il 4594E2053-TRANS F_ ORMULFOPH,13%23�VA�i00VLIMP ; 55 I EA $ ROR9S _5 3306-95 12 13 459493053 - TKANSFORMSK, IPH ls,%Z fV SOKVA 3201240V. LOW 459493053. TRANSFORM Fk 1PH PAO 2WV 25KVA 1201240V. 1OW l EA S 641.84 S "I'm - EA tI $ ,66 kw w GrowidRedl, CapoOterdank, make IN oriftl cmecdann, Including IN FPLrequked Rants Ind procaduroo on Pre Installed pad- 03011 22330MI -CAP- BANIL.QR0,25uV, 12DcCVA FI WIT- 14 I [A 31303.OD 330R.00 Inrtall{routd Koch, Vista Swfld4 rn ake all wrltg eenitle4orta. Inducting fit FPL required keno and r00ailum on pre lnsta02d vauR. - DI011 15 VO"9050- SW.VAC, PH OF W25KV 3PN, 60M 422 VISTt 6 IA S 4449.63 1 26 97.75 install pound Rock PME Switch make all wW* ccareactiorq IndAry all F►L requhad IteMa send proavoism 0 rolled pad-O=1 15 2706420$0-SW TCHG EAR PAF7 MOVf4T 2SKV 200A PME 1 EA 7544.00 3 .Or lj Install Bmundlns, ad FPL reclined equipmerrk and make whine wnncl v4In pre InataNge. feedarsp0rr "UK -moil 17 162740003- SPLXE FOR ORD fkE11E RS 10 EA 5 1.62S.D4 5 23POM Insesll grounds& all FPL r"Arad sgiepmapl end ins its wlrhlg co rc'tlorrl in pre installed POmorq spun vaPN-p1011 ._ if 1621OW07- MANOMxt,PRPCAST CONCRETF I7"xNrxW 3 EA S 3MOO 1149A0 19 _ MI22N2- HANONOLE,PRECAST WNCRET E,REOTANG 14 M mo0 774200 Pull all Fad able In cortdPP to make cannuctlons to vadous plavani of FiL ent-O3013 20 IW25M04-CABLE ALU ki, 600 V.40 CTPLX HMIHOPOLY 202 FT $ 30.00 $ 7020A0 21 _ 100261007-CABLE AL 251LV 2JC 013 PARWE LE10 8 FT S 10.0D W-W 22 10O71Ia0O7 • CABLE I.VM KV O 11 One [able .-er pule Srf = FT 01" S 99.510-00 23 I00BWM-CABLF. A_L S%V 21C 1W0 KCIAIL. Thee cablee,wt -Uil =27 Flr L% S R0759.92 Tote l of all lNe Aems S 3201%17 K Owners Alk a*dcae M3 000A0 PPL NEEVYORX NHeI m Vnda-T-wed Vtat cImMTNOn-03011 Tow Poll NdI TR S 403,156.I] CENMYjjW HEiWORK Anrfal to UrWMund UkH1!y,CoT1l" LZ li'dN p[NERAt•ROJECTiT[AA5Y0107i _ ._ _��tpnSll MWlxnrMeaf VatRc I lfilkf UnkCat T" 1 FA 5 21.761.00 18,761.00 Z Wn McbI1ku!Durobillutidn I EA i 6 7490 fi,F74A0 3 As-hl,dt,lansiPrarlde and mamlaln 2E c IWI Ac rnonti I EA S 3,675-dC 3678.00 A Trencbl l+100 Fr S 6A4 8440.00 _._5 Material and Labor m IrwalL fast and CoOnOCJ le Cemurytlnk network. Ends of aarrtfnl mnduit may ha4 be Utendad In the re7rdred ldnttan. This odensionfs erlimaled at Bra lest per end of cond ch. Runad Mod 2M nibr RF02UC 2226 FT F sib S,37596 6 _ &afd Pi11d 1i6 Pooria,46a1ta wisetgmnem aFD2511E .... _ ik dluuihnlef Glen FyNear 30' 4 W A 3V SM F*m4ry io ao mina WMVW 6m SM OCCUMD pad FT 5 26a i 66.40 7 0 EA II 1- -ie 9 157 FT n 1.10 S 17170 9 Omead nrd 578'A 8' anR (S7ii(81 a EA 1 41•16 $ 246.86 IF Oraad card ditcp if foWel and to Io& are hen ad AW4 capper SMIA 10 EA F 24ZO I $ 245.96 11 &papa oar eaisoa mhkv an C1i Grit+ RMiG 4 EA a 2wa1 19E.f18 12 Heiews-6-AWu66 »OPTIdtlk'6gymorthin 51ba181a20t6111 to FT F 3L70 296.Oo 13 Fla m,kn WA BT647 PLfa1 4 EA 1 a7.50 $ 405.D0 M Diramooal bore 1 r WC MM 13M6 ro H FT i a-75 I $ 439•.75 ra DYaeiaaal bom L- smwi PU Taee iT i 10-11 S 2 26A6 euid ahn geiC dnrme H8,4O I I SA0] Pi6C a EA 6 176.41 2 03&73 ................16 ........... l7 NW MOC Fi1o. iq 110 iJai 1440 EA 6 16.110 S 27,216M IF "bu Upd, JdW agdmunlaTle the Obr only- w Ld Ull EA 6 14.70 S7a*.00 19W..blcVdWBI 8slicare boned ebe W UWM. This ads will it Jule aY nn.ubn-cxp n of0w mbie. mriy the caelq b1ck9"k4;; e2 FT It 2LU I,7S7.70 2i Raminaa 0M Clwre WFW-RF 1 EA i leeAp 16&00 21 Lstellnnruv"+ rum relaslYl an ada t ubNi+ wun" m marred mina w-imird ibrill parr bw816 W1f8F0 2 EA s16e,5i 316.3E 22 Sm,rd filled 100 plur. 24 pup ScM col" m tdfad cane*- wad.t BFCI W 2AC Me FT 11 S.W 1514�0 1.3 24 Suned d3ledlir, 74 µ1>p�eeppe eaafeiorrslbl. m.ea eLtlSS nAdm18PC11P2r1P Smtod nae 706 paW. 11g-Wp(c fable WOW 0pew pandit BFC900.24C 1117 of FT Fr F Rib 4.12 S Afi9.43 S 160.76 25 UK" M" ZO"O Mµvta, repnw cable Iafdlrve h an nWIMI, C NWtir nrd20WIEI 417 A 6 S-a s;09751 16 C b caNd m MWWa IIC3E 000 Fit S &%a 157640 27 _ 11rM.11 Oct. ova GW rWmd1 m canny into Wi art nitre rooked *-whin ra taudq t mod PIM 6edend WaD 1 EA I 67.T3 57.75 IT:MW Olaooenatilcn and famewl of IN aortal m'a "41, IncludnF e*nturyunk N" is deetrtbad in pars jCw call aboul d caMe XTL•AIIDNCA -- - _ _ k4mretnnad hand hdc307CB117 keanrc anirl few ARl'O e Ir F 25.26 28 ]97.75 E9 30 1 EA n ,aJ.26 5...............................732.75 S 100fi36 1415 FT 3 071 3l Rao &.fi 7M?FP a EA $ 25.27 151.62 Rnd.crrKbce3(3CPF a E,a a 40.16 $ 277A3 33 F:~ mr lizfrd • 3 il12 Maas SIL1l r F XXMBa1 a EA 15 1613 S 7L78 34 Rneord•Crfelfahaaaonslratd.R7FASDNCA a EA a 20.25 13Lx5 14 Rmard-bntied piaaf yplupy Rrm.e All a .41 wLlc .................. 1 EA a_ 69.W S 53A3 i6 J EA s 0.52 0.92 37 Rmm+c Cra1 yiad Frio 2 EA 5 a13.00 S 630.00 Tahl0r all D„c itrmf. i 12fi.974.73 Ownn Allowanc*' 1 e60D,01 rENTUOLMIC NETWORK AeTIa1 to [lgda• raund udih CarNerslorl •01012 -Total nape 6Id Tow s 13n }Ta.7] 4CCOMCAWSTN R Agial to Undo round utility Corwnrsion - OP13 REM WOEMl PROTECT MINAS. 01013 Qnrmty Units un tCod Total 1 Malmonanceal[ruft 9 EA S M-W. -- a .#... .._...... ......2;3i3.OD Z Mobilization/ flnnohiarnidr 1 TA 5 AO 43LW 3 As,Mt plan' IProykla and mafntairt pncanrram daeumeetsl S FA AO MOM STEM Harr Cam[Ia burled Natrmra Celt of Material and tsborteisltld, AWYOW, and Test Supply and inseadl pi *quip mane 11stad In separate rapteAal lift to mmpN iwl l Inachad drowtW in4ttdkrF Ober and cable to raulaoa wrip] natwoh Actirafa ►cad Jolt COmPI*ba, 7. EA 4 S 149,431,9a $ 11i9,1SLf1 3 RarnoY* all daonMeled and at► uq iomaek, nmwa and dlapo:a af, Indudi Cangtt Pqd. 1 NL 4 $ 3,277.92 S i.i77•n2 ioLal d WI line k6tni 5 ;03;ffsa d ___..................Owrwrs A6dwanree: 5 20 AMM ODUC i57 NETWORKAarh11 tol22Lk cad Ullft C mwSlon-01011 - Total Base Old I To,at i 5 224.25031E Ale*ma[e 1: Oed K1 based an award of ell Fooe ucumm loan* cantradw. fi11,2O0.11 Ahemsta Z: IRstell one sub a W:.w On" rrlrn n b 4" Ono 3' af+d die Z" HDPf Cond Al underthe mn hem brldp'Vol wire hoe W Vch-4"lrl. Lherga actual length. in IIeY d noes i5 arw iG In Senkm oi010 1. low Ll' � f 23*M � $ 79a.DUDA0 -he aryrtcr re56rye3 dM UM to ■uafdeach Raton io the krwect bldder of arch "Groh of fhultlak mnions to the lcwn' hhddet of e h sectdnn ar award aI four tecffanf to One [ontreaol, plus the Ake role OF whkh.ver Is in Iha pest Intweat of the owner. •owners Agowanne- for Ownen Ilse u Dlrectod. lh u Agowan w wRl he used only at She Owns Ys dlreltinn to .omP40 work duelu unfam.wen randkluns and/or as di—ted by Ina Owner, tnctuslan Of the Allowance u pert of the Contract hke A not a yunani" Dlel illy Cant raetof Wik be paid any portion or the full amount of the Allowance. Ekpendlturra of QWnen Allowance will tm made through Chonge Order MIL!, proper dundmenlatwn Of Time end Me14rNl6 srppertry the change. EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) Construction Services Agreement: Revised 092520 (v7) Appendix F—Template • Addendum Email: (Liss.Oien@colliercountyfl.gov) cofter c0i'my Telephone: (239-252-8935) r *;ni%V ltk,e SwOces L7'rr� �=y.lrcttt�lnq ADDENDUM #1 Memorandum Date: 9/25/2020 From: Lisa Olen, Procurement Strategist To: Interested Parties Subject: Addendum #1 20-7791 Vanderbilt Drive Underground Utility Conversion Phase 4 This addendum has been Issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Pre -Bid Meeting Minutes, Sign -in Sheets 10 20-7791 — Addendum #1 - Pre -Bid Meeting Minutes and Sign in Sheets Please acknowledge receipt of this Addendum and include with your bid. i 0/6/2020 (Signature) John C. Aud., Executive Vice President Date MasTec North America, Inc. (Name of Firm) If you require additional information, please post a question on 8id5ync on - line or contact me using the above contact information. Appendix F-Template — Addendum -rev 1418-18 Appendix F —Template - Addendum Email (Lisa.Oien@cclliercountyfl.gov) CO V. COWIty Telephone: (239-252-8935) AdrriiN m S"vb;% DMOX Ptzr,�=;Ina 11d6]ALI Fall] &�.9 Memorandum Date: 1 D1112020 From: Lisa Oien, Procurement Strategist To: Interested Parties Subject: Addendum #2 20-7791 Vanderbilt Drive Underground Utility Conversion Phase 4 This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original soIicitat+on documents and bid schedule for the above referenced solicitation. Revised Bid Schedule • 20-7791 — Addendum #2 — Revised Bid Schedule includes Alternate 2 o 20-7791 — Bid Schedule R1 replaces original Sid Schedule Please acknowledge receipt of this Addendum and include with your hid. (Signature) John ,'Audi, Executive Vice President MasTec North America. lnc. (Name of Firm) 1016!2620 Date If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Appendix F-Template - Addendum -rev 10-18.18 Collier County FORM I -BID RESPONSE: FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Vanderbilt Drive Underground Utility Conversion Phase 4 BID NO.20-779I Full Name of Bidder MasTec North America. Inc. Main Business Address 2 n ut k d. a )a F . 361_ Place of Business Main office Taml+a F14rids� i OI rice Bonita 5t�rinL�l lU�ijles Telephone No. 813-675-0879 ___ _Fax No. 813=625-3740 General Contractor-CGC1516458lElectrical Contractor-EC00026051 State Contractor's L'scense # Un eroround Utilh ExaYation-CUC.0173g3 State of Florida Certificate of Authority Document Number P98000034383 Federal Tax Identification Number 65.0829357 DUNS # 04-2236278 GCR# 1PP63 _ _ _ __ Cage Code I3LT]s 14 To; BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter Galled the Owner) SaAci;ation 20.7791 The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds; and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, aatd furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, fumish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do ail other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Did Schedule: Unit prices shalt he provided in no more than two decimal points, and in the case where further decimal paints ,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 (la) 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 Furth, 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 that Owner receive liquidated damages from the Successful Bidder in the Construction Solicitation Doc rev 02-2I-20 9/W202Q 1:24 PM P- 7 Collier County Solicitation 20-7791 event it fails to execute and deliver the Agreement, insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the 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 stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within Three Hundred Twenty (320) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to he fully completed to the point of final acceptance by the Owner within Forty -Five (45) 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:__ �f�' Title: John C. Audi �5cecutive Vice President Date: 101612020 Construction Solicitation Doc rev 02-21-20 W312020 1.24 PM P. 8 Collier County FORM 2 -CONTRACTOR'S KEY PERS014NEL ASSIGNED TO THE PROJECT Vanderbilt Drive Underground Utility Conversion Phase 4 Name Chris Favino Joeile Hammesfuhr lose Novo Kenton E. Heuertz Jason Cooley Construction Solicitation Doc rev 02-21-20 Bid No. 20-7791 Personnel Cate;an Construotion Superintendent Project Manager Senior Director Director of Safety Regional Director of Training Solicitation 2a-7791 9/3/2020 1:24 PM P. 9 Collier County Solicitation 20-7791 l FORM 3 -MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as Iong 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/Prvject Manager, Bidder shall furnish the manufacturer named in the specirication. Acceptance of this form does not constitute aeceptance 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 runt, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: MasTec [North America, tut= 20 Signature: Date, 10106120— John C._ A�ofctti�e, Vice President Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MAI AI_ EXCEPDON MANITF.A,CTURI}R 1, non -applicable non -applicable 2. 3. 4. 5. Please insert additional pages as necessary Company: non -applicable Signature. non-applicble Construction Solicitation Doc rev 02-21-20 Date non -applicable 91=020 1 24 PM p' 10 Collier County FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLIETED OR BID MAY BE DEEMED NON -RESPONSIVE Solicitation 20-7791 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, al no additional cost to Owner, which is found to be non-compliani 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 ali Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address I. Electrical Florida Sol 1521 NW 89 Ct. Doral, FL 33172 2. Mechanioal NIA 3. Plumbim 4. Site Work N/A. 5. Identify other subcontractors ADS, Inc. PO Box 3035, Labelle, FL 33975 that represent more than I0% of price or that affect the IG Connect 728 Whitmore Loop, Lehigh, FL 33972 critical path of the schedule Company: MasTec North Amersc3. Inc. . _ ...... Signature: r Date: 1416i2020 John C. ALJ titi►+e Vice President Construction Solicitation Doc rev 02-21-20 WT2020 1:24 PM P, 11 Collier County SoOeitatlnn 20-7791 FORM 5 - STATEMENT OF EXPERIENCE of BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1 Praaater county 474anduitlFiber k&intrnanov (project name) (project owner) 3. Mar)eace Coon . (project location) PC Box 1000 Brudeoto. FL 34206.1WD (Owner's address) C,otidvkFibcr Maintr man Su •rtHtutoratinn Screices Bill ketscv DC-lnfraytructure-MCG-t35 Dept. (projw description) (Owner's contact person) (title) 051131i 1-071I2117 $ W0 000.0ot i941 l 749-4501 (x590) bill.kcrsc C manatN..,r_ (project 3tart/completion dates) (contract value) (phone) (ernail) Master Service Ap7eemmt, North Florida, Central Florida, sgwb Florida Cent U A {projec(name) - (project owner) Sum of Florida 212 -Hell+woad BIY. SE., Fort Walton BcacN FL 32548 (project location) (owner's address) Iastallativo orconduie in fiwtn crure, band hnlcs, service boxes, lead Region Contract fib er optic cable. and 5piiciog along new cusurmer er:rrance fit ili im JeMry Scaife Administration Mesa- i (project description) (Owner's contact person) (title) 0110112014.03/01/7019 $ 37+,uilliem C850 812- 3760 Sc x.5caifc ceaSur fink,com (project stwVcompirtion dates) (contract Value) (phone) (email) ManterScrvicc A :eraent South Florida AUT (project name) (project Owner) Vtrriaw Location irk Sotnh Florida 16S0 SV 65th Ave„ Roam 210. Plaatatiav, rL 33313 (project location) (Owner's address) installation of coadwt infrastructure, hand bolts, service boxes, fiber optic cahlo and splicing along new customer entrance iacOidesnkfaloM_ _Sr.. So:ucino h{at t�ntracts (project description) (Owner's contact person) (title) 03I9i/2017-03r01/2022 $ 14+gtinion 954 303--764 kc1026aait.com (project start/oompletion dates) (contract value) (phone) (email) Consuvction SDUcitation Doc rev 02-29-20 9/312020 1:24 PM p- 12 Collar County FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4, sf ofDuct BarnkjRr3 nardening mu:ter contact (3 Lndividuai MarterCorru-4 s) (project name) C"Lbylondu__. (project location) Underground Service Meter, Burt Bank, Undergrotrad Residential Dintr-ibution & HArdening S. 6. (pmject description) 4W11M017-0310112022 $ 13+million (project completion date) (contract value) FL VzW OS RFT V705252016 (project name) Browand Coumv (project Incation) Outside Plans (DSP) tar Broward Comity (project description) 8124-036-813112M0 $_S million__ (project completion date) (Writraet value) Vanderbilt Beach UAL C'onvension Phnc tl & ill (project name) Na Ics FI, (project location) U lit conymion (project description) I111612019-0if1512020 192 705.64 (project completion date) (Contract value) Company: MourFec North Ame'ica I= 5ipattare; 11 _ _ loha C. Audi, �N;x wrrC A'r. r f'rc.�d iY Construction Solicitation Doc re 02-21-20 Florida Power & Li ht FPL (project owner) 700 Um verse k31vd 3una 1 oub YL 33408 (Owner's address) SoIldtatlan 20-T791 MEn House In1cff cd St1i�I7�7 CGS (Owner's contact person) (title) (561) 691-7924 matthcw_h�y: (phone) (email) MerNct (project owner) 9250 West Fla, ;er Street, Mnttni FL 33174 (owner's address) Donald Bc=ai integrated Supoly C is (Owner's contact person) (title) _L561)691 7190 Dons-kLben cehi( i, Loam (phone) (email) Collier County lloard of Commissioners (project owner) 1327 T'amiami Tail F— Na. les FL 34112 (Owner's address) linrry Sells ITNE Lk, utment (Owner's contact person) (title) 239 252-4980 iam.sclLafaRcolliercgpnlr v (phone) (email) DM: 30f6'Zt1Z0 9131202D 1:24 PM p• 13 Collier County Solicitation 20-7791 FORM G - TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the hid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure uant Cost (Description] Ef F.SYJ 1, -Shorinq LF 2. 3. 4. 5. $ 5,000.00 $ 5,000,00 TOTAL S 5.000.00 Failure to complete the above may result in the Bid being declared non -responsive. Company: MasTec North America,.Inc. Signature: John C. Audi, Exe ive-Vice President Construction Solicitation Doc rev 02-21-20 Date: 10/06/2020 9/3/2020 1:24 PAR P. 14 Collior C mirsty FORM 7 - BID BOND Band No. UU510G-Travelers-20-173 Solicit sircm 20-77gI KNOW ALL >4 N HY I1 L-qL PRL5CNTS, that we Mas7ac Nor?h America, Inc. (herein after walled the Principal) and Travelers Casualty and Surety Cnnlparty of America.. (herein railed the Surety), a corporation chartered and existing under the laws of tile state of Gannett#.cut with its Principal nllices in ilia: 4ity of Hartford and aothorixcd to do business in the State of Florld8 ;ire ]laid and firmly hound unto the Eir�ard. of i<�urity.Cprnritlsslnners ai.Coliiet:.�stply,,tattrfaw... (ftereit+alter ctillerl the fawner), in the Hill and itlst ruin Lit _ Five Pert nl of Af+7uu nt Bid _ dollars (S_aof Amount Bid , good and lawful niram y of the United States cat' America, to be paid upon demand aftlte 0Avner, to which puyinant well and rndy to be made. the Principal :end the Surety bind themselves, their heir:;. and cxNulors, administrators, astd ass iaus, jointly and uscraIly And limdy by thv,,; a presents. Wltcreas, the Principal is about 10 submit, of has subinitted ro the [honer, a 111d for f irmshmg all iahor, materials, euluipInent and incidant aIs necessary to funiisit, insto.l1, and ru1ly complete rho We)* ore tilt Pwlect known as Bic! No. 20-7741. I' 0%V% THER1=1 OKF., if she [lwner shall a,xelx the Bid of the PRfNMAI, and the PRINC'IPI AL shall etster into 111Y required Agreement with the dwsterand within ten days ether 11w date of a written Notice of Award in ttcCordance with the wens of such Wit, and givr. such band or inmds in as amount of 10001 the totai roll -t Amt�unt as spec if ied i+t 1he BAdiltg Documwis nr Contrac i f XK uni c7il s w it i good and st+ffi+:iW surety for the faithful prrfona4nce taftheAgree tnent and for the proemial pay niemt of Iahtir, ❑tmerials arty! supplies furnished in the: prosrcuIiurt lhercof or, in tile event 4.d'lhe failure of the PRP_vCIPAL to enttsr into suc4AgmernanI or lit give str:li hand or bonds, avid deliver rq 0wr1sr the rgt.1..1red ec:rtific.sates of insurnnce, 1f the PRl'NCIPAI , xhall Iraq rn the 41R1.IGEE tlte. fixed sort of -a :rK..,r amr,.ms t+in noted nh+.rvu as Ii(iu1dated damages, rind not As a pnnztlty, as provided in tht; Tiidrljag I3rautrnestts. thcrt this ubti�atiot+ shall be n u i I rind void, otherwise to rL,,inaiti in full fvtce turd ctN,:i. UN "[°.VS I.f+' QNI'Y I'llcscvf, the ]rrinciw and surc't) fr+vt %sensed these pmsrnn rn he duly stgncd and sralud this. 21s1 day of Soptufnb +r .20 20 iMg-§ i ec Nortlt A rtellr_., i,_InC,... i't'tncipal 6Y (Seal] _ JoinC. Audis utivE' -ke tiresiderlt Ttaveiers ['a-walty and Surety CCH*Tnan al An er ra 9uroty . ? �C�•rr3h (Seal') na b' !71ty AUL CountCriignctl-- 4rhn W oliverns. F,c,n:c) Re;;,nen* AaPn,, "sus ED77•tfyd Appointed Prndiil:ing Aden; f(�r Marsh USA. Inc. 9/3/2020 1 24 PM p. 15 Travelers Casualty and Surety Company of America Am Travelers Casualty and Surety Company TRAVELERS .I St. Paul Fire and Marine Insurance Company - _. POWER OF ATTORNEY KNOiA► ALL MEN BY THESE PRESENTS: That Trrsve!es Catoalty and Surety Campanv ofArnar" frovr,lem Casually and Surety Company, and S1. Paul Fire ants Marine Insuracce Company are cotfaoratrons duty organized under the laws of the Stale of Connect+cut {herein raallectively relied the "Comt]ariim'j, and that the C;r;rrpanlos do hereby make col shlulearid appoint Ara W Olive ras oy�f Palm ©each Florida Ihair true and lawful Atiomey-in+act '.a sign, execute, seal and acknowledge any and tall borid6, recognrzanCes, condiUorrat vndsntakmgs and nther wrRrngs obligatory in the nature Ihereof on bellaif of the Cam panles In ItIair otrsrnass of guaranleeing trig: flaollty of pet.ioIis, cjuaranteeing it,e rieft oinonce ol, cnntracla and executing or guaranteeing bonds. and underlaturigs required of permitted in anv actions or pr(,eeAirigs allowod tsylaw . IN WITNESS WHEREOF, the Companfes have t:aused this instrument to be signed, acid Srielr corpora le seals to be hereto affixed, this 3rd tray of February, 2017. �f�µ►trryn 4y4�� .,,,a _ ti1Y�'E+ti orU-e�s► State of Cdnner•.l+cut rip _ City of llartford ss Rr."n I., Raney. 3cit!flr Vicei'resideril on it4s the 3rd day of Febniary, 2017 before me personally appeared Robert L. Raney, who sr*nowiedged nimsof to he the Senior Vice President of TfLive Iam Casualty and Surely Company of Amenca. Travelers CttstiaHy and Surety Company, and Sr, P;iLl F1,e and Marine Insurance Comparsy- and That he, as such, being authorized sd to do, axe ruled the lcregorrig instrument for frig purposes therein. Contained by signirtip oft benaif of {tie COFF'oration5 by himself as a duly authorizer) ofric@r. In Witness Whereof, i hereunto set my hand and Official Beal, �� fvsv Cnmmrss,on exptrr� the 3R[h relay of JOne, 2021 c 4wlu i • �e1� • Mir e C Teveault, Notery Public i nis Powei a` ArrciTtey is granter: !ruder and by lie oulhcnty of inn follawrtg rest futlons adapted ray titre goaraa of Dhectors of ?revelers Casualty and S rety Company rJ Arnerica- 7eaveters Casuelty a,id surety 0Impar,y. and SI P3;r Frri and Ma6fle Insurance C ompany, which reSoluttons lire now fit tuff tone and effect, reading as frr"ows,. RESOLVED- Plat the Chamnarr, the Presider(., any Vice Cheirman. any Executivu Vice President, any serdor Vwe President, any Vice President. any S&rond Vice PfesidoFit, ittC 7renswer, any Assistarii;reastrrer, the Corporate Ssr retary or ally Assistant Strrtefury may appoint Attorneys -in -Fact rand Agents to act for and on behalf or the Company anti may givesueh appointel,. soot authority as his or her cenilrawe of authority may prescribe to sigri with the- Col-rirmnys name and s&al tvlldt lire Company's sear bonds. tcognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, reCogrilZanCe or roriffitIana- UWe!lakirvd, anti any ❑f sa;d utfiwrs Or the Board M L 10ntors at any :Ime may reNnVe soy ouch appr:mfee and r5vvke ;ice power given him or her and it ,s FURTHER RESOLVED, that the Chainnar. the President any Vioe Chairman, any Executive V:ce President. any yeniar Vice President or any Vice President (flay r:etegate all or any part of the (aregoirfg aumorly to one or more officers of enipiayees of IN* Company, proVirled that each such deregalwn Ib in wti l!nq and a ropy ?licfeof is filed It, trte Ofrice of the Sv=Lafy, and t is FURTHER RESOLVED, [hat any bond, recognizance, Contfact of indemnity, or wribnq opflgelory in the nature Of a bond, rsuranitartce, or conditional undenaiang shall be valid wily hrnding upon the Company when (a, signed by *tie President. oily Vice Chair -Mari. any Executive Vice President, any Senior Vice President or any Vice President, any aeonnd Vice President, ttie Tressurei ally Assistant T .asu;er. the C:orporaie Secretary or ar-y Assistant Secretary and dory attested and sealed with the Company's seal by a Secretary or Assulan! Secretary; or tbj duty executed (uri ter seal, if required) by one or more Attorneys-in-Fa(A and Agents pursuant Ira the ptawer prescribed ,r his w ttai eertifirare or .heir certificates or ourhorily or by one or mare Company oftrCP.rs 9ursvant to a Wntwri fielegatlnn of Ali thralfdvi and it is FURTHER RESOLVED. that the signature of eaelr of the following offiterS- President, ar,y Exec) trva Vice Prestdent, any Senior Vice President, Tiny Viae President, arty Assistant Vice Preslderif, any Serre',ary. any Asslvarlt Secretary, and irie 6er31 of the rcrripany inay be atfixeu by ta=rnlfe to any ('lower of Attorney or to any certrftcalerelating,hereto apiiointinq Resident Vice Prewdenls, )Tea:dent Assistant Secretaries w Atlorneys-in-Fact for purposes only of executing And attesting konaa and tindpriaklrg8 and Tither writings ubIigatdry In the mature 111areof. and any s,irh rsaww 0 Attorney of certificate hearing such rarsrrrlIle signature or faosirniIP seat shalt be valid and binding upon the CompraFly and any such prtver so executed and certified by such facRimtle signature and facsimile seal shall Le valid ano binding on Ine C ompany tl the Future with rr:specl to any bond ur undarstandary to which i[ is aat[acned- l. Kevin E, Hughes, the undersigned, Assislafu Serretary of TraV&t.r5 CNKiragy and Surety Cwrrlrrany Of America. Travelers Casuafty and Surety Company, and St. Pour Fire and May in e Ineuranre Company, do hereby zertif l that ihP abnvv and foregdrig Is a tote and come0 copy of the Fower of Attamey executed by said Companies, which remains in full force and offert. ❑aten this 2 t st day of sepwmbe< < 2020 AsBrit Secretary -ro verify the wfthent r ty of this Pourer of Attorney, please call us at 1-900-42I -3880, Please refer to the above -;named Attorney -on -Fact and the details of the bond to which the power is attached Marsh Collier County .... ................ FORM 7 - BCD BOND Sallcitation 20-7791 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 (S � good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety hind 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. x4-7791. 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 Aid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Cont ract 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, ifthe PRINCIPAL shall pay to the OBLIGEE the fixed suet 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, TIN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this day of 120 Principal BY _ _ _ (Sea]) ---...... Surety ............ (Seal) Countersigned Appointed Producing Agent for _. 9/3/2020 1'24 PM P. 15 Collier County FORM 8 - INSURANCE AND BONDING REQUIREMENTS So$iOation 20-7791 The Vendor shall at its own expense, carry and maintain insurance coverage front 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 shal I, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible 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 ns 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 & with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents, If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. CoverageW shall be maintained without interruption from the date of commencement or 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 providcd 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 coverageW required herein, the County may terminate the Agreement or at its sole discretion shall he authorized to purchase such coverageW and charge the Vendor for such coverageW purchased. If Vendor fails to reimburse the County For such costs within thirty (30) days rifler 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, not shall it be responsible for the coverage] purchased or the insurance company or companies used, The decision of the County to purchase such insurance coverageLsl, 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 cam pletion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (Id) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certifrcate(s) shall be considered justification for the County to terminate any and all contracts. 913120211 1:24 PM p. 16 Cooler county Solicitation 20-7791 Collier County Florida Insurance and .Bonding Requirements Insurance 1 Bond Type Required Limits 1, ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at 2. ® Employer's Liability $^I,000,000_ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the $ _1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily current ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Con tractorNendor in the performance of this Agreement. 5. ® Automobile Liability S_1,000,000� Each Occurrence; Bodily lrtjury & Property Damage, Owned/Non-owned/Hired; Automobile Included G. ® Other insurance as ❑ Watercraft $ Per Occurrence noted ❑ United States Longshoreman's and Harborworket's Act coverage shall be maintained where applicable to the completion of the work. S 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 S5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Pollution 5 1,000,000 Per Occurrence ❑ Professional Liability 5 Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers insurance $ Per Occurrence ❑ Cyber Liability 5__ Per Occurrence ❑ Technology Errors & Omissions S Per Occurrence 9/3/2020 1.24 PM p. 17 Collier County Solicitation 20-7791 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 basic or trust company located in the State of Florida and insured by the Federal Deposit Insarancc Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 1001/Q 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 a[1 subcontractors corn ply with the same insurance rcquiremenis that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 14, ® 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 Fast, ]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. 8/28120 - CC' Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. 9/3/2020 1 : 2 4 PM P. le Collar County Solicitation 20-7791 er GUHmq lh�trr'�rlrrelhn Spneerp DlF>t►7i *+sY FORM 9 - CONFLICT OF tNTERE5T 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 MEIiate) 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 pastor currently being worked on for the above - mentioned project, and, 2, Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non- public (not in the "sunshine") conversation (s), meeting(s), documents) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, That, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. State of llo t i _L County of 5 Masiec North Amegrica, Inc. Company Name G� Signature Johji-C. Audi, Executive Vice President Print Name and Title The foregoing in cot was acknowledged before me by means of Ifphysical presence or ❑ online notarization, this (t+i•_ day of (month),ad2 Q (year), by _�ItiY r ; i (name of person acknowledging). tip,. ri1 LYNNME M. GEORGf a te_-;_1CrcL Fj`r'�j :: Notary Public - State of Florida 6 nature of Notary Public - 5 e of�roriaa} Commis mn Y GG 321976 ` /1 My Comm. Expiry► Jul 25. 2t}23 sue_J. s- M- '.-71+f'+7 t-- £- Bonded through Natianai Notary Assn. (Print, Type, or Stamp Comm'sssi,�ed Name of Notary Public) Perso , ti . < �cc ei I M'"'t ion Type of Identification Produced 91312020 1:24 PM P. 19 Caller County �T87' �iCllbl.'fS�3� 1AITIrAlft m Services D_—I,xrtmerrO rTexbremrM Servkea J'0' .=. FORM 10- VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: Solicitation 20-7791 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 terns 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 aub- 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 6th day of October . 2020in the County of Hillsborouelh , in the State of Florida Firm Is 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: 4J 120201:24 PM MasTec North America, Inc. 7221 E. Martin Luther King Blvd. Tampa, FL 33619 P9X000034393 65-0929357 813-675-0979 miilurcen.popovich@,mastec.com John C. Audi Executive Vice President P. 20 Collier County Solicitation 2Q7791 Additional Contact Information Send payments to: MasTec North America, Inc., 7221 E, Martin Luther King Blvd., Tampa Fl. 33619 (required if different Company name used as payee: from above) Contact name: Astrid Beck Title: Accountin-, Mana�eT Address: 7221 E. Martin Luther Icing Blvd, City, State, ZIP 'ramps, FL 33619 Telephone: ❑trice-816-675-0886 Email: astrid.beck a mastec.com Office servicing Collier MasTec North America, Inc. County to place orders (required if different from above) Contact name: Jose Novo Title: Senior Director Address: 26430 Old US 41 City, State, ZTP Bonita Springs, FL 34135 Telephone: Office:239-947-0006 Cell:813-545-7392 Email: jose.novo@mastec.com Secondary Contact for Maureen Pp ovich this Solicitation: Email: maureen. popovich@mastec.com Phone: 813-67MB79 W3120201:24 PM p. 21 Colper County Corer COSML 1L;�wa tkv Seluices [ Kf�rrra rf r rowfemercServices FORM II - lmmotAnoN AFFLbA►'lT CFRTIF1CAT [ON Scildtatton 20-7791 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 Metnorandum 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 PROPOSAUBID MAY DEEM THE, VENDOR NON -RESPONSIVE. Colder 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 ILIA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration saws (specifically to the I986Immigration Act and subsequent Amendment(s)) 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 bid. MasTec North Ameri Inc. Company Name /J .7 Signature Jan Cr Audi. Executive Vice President Print Name and Title State ofr1ct i at County of�pt_ The foregoing instrument was acknowledged before me by means of 0- physical presence,or ❑ online notarization. this ' day of �e (month), ,,_(year], by � i _ e . A kc� (name of person acknowledging). - J}r LVNNE77t M. GEORGE .,, •u'ry L 1! r' ±.i4L�I 4 PNOr., Notary Pua6c - State of Flonda fSj nature of Notary Public - Srtr� of Florida) l " ,. Commission t GG 321926 orn My Comm. Exgkes1u125, 2023 ..� i.,tii �� .t. l• � 14� G Bwdet thraugh Had anal Notary Assn. (Print, Type, or Stamp Corn4iiissioned Name of Notary Public) Per e I cation Type of Identification Produced 9131202D 1 24 PM p. 22 Colller County FORM 12 - BIDDERS CHECKLWr Snklcitation 20-7791 IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which a re included in the Bidding Documents, Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check of1'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. G. Any delivery information required is included, 7. The following on-line standard documents have been reviewed and accepted in BidSyne: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions $. All of the following bid forms have been completed and signed: a. Bid Form (Form I ) b. Contractors Key Personnel (Form 2) c. Material Manufacturers (Form 3) d. List of Major Subcontractors (Form 4) e_ Statement of Experience (Form S) f Trench Safety Act (Form 5) g. Sid Bond Form (Porm 7) It. Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j, Vendor Declaration Statement (Form 10) k. Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your submittal or you ,MAY he DEEMED NON -RESPONSIVE I. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. 9. Copies of required information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company's E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida (sunbix,org) d. Any required professional licenses — valid and current (myfloridakense.com) (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) 10. 1f required, the amount of Sid bond has been checked, and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included, or you MAY be DEEMED NON -RESPONSIVE. 12. The Bid will be uploaded in time to be received no later than the specified o color date and tuna, otherwise the Bid cannot be considered. W312620 1:24 PM P.23 ry 7C) z ❑ w 0 W arc LL' Q W N 0 ❑ w 0 m Q m D 49 ro LU Z C� ❑ Q Q N E a a;0 _ NOLu E ❑ LL a' r.l �� E' j R; -Z. U yy I Dill t A G1 AM LLJ R;f=.�.L�.N z I Nt Z -� jp [r j tj �n V_ �Qj LL o Q H` ❑ `' W U - p ~ H is p w � w w w d _ H LU w 2 a n Q N o W H is.. ' _ I { Z W 0 ~ C �• cp W E 0 w ❑ D 'a w w W Q �^ Q mLL W ❑ W C,L v in u Q V solo 04 C4 IS 07 N H E u co h jj �,iv Q W LM r �_ C t 'V C7 knU. c a 5 •c to LL p Q - WLn Act W. LLI mom- Q r W` A `tr� C (U m YZ m V 1z r i N N 0 cc cj o' LiJ 0 OC dAd 2 V D w �°. mwm ❑ Z D o L LI w ❑ _ ..� H e IN � ❑ r 1w E a" ra 7() 0 c J u u D w -0 Mn v W *' lei 0 ©� ❑ n W �y� �. } qC C ai 4=i Chi '�` �`SO T16 l f � U; 3Ly � N c D � C i.L W7'' W _' N , Lim �' I# Mj)i IV ill 46 LL /j' w t 1} r rr' his �:L'�s� n W � 0 Ltj F-. _ L ru W --�4. ` ;_gip, u•" r-�.. Z an F' Z .W d I QMi to 0 ' Z' Ill o pC1 u.'� n- a > ❑ c o -, - F � Q a W d u a D w V F- 0 a a Q a W I— `tr Detail by Entity Name Page 1 of 4 r [a C19 Qr: �.'yrt?rei e r� 5[nt� _ � 9 lcp_dn�ru�ril of ti[-tc 1 I� j. :!';-,r:—I ,,r. 1 Sj�anM RK,(jFds 1 01b Erna, Detail by Entity Name Florida Profit Corporation MASTEC NORTH AMERICA, INC. Filing Information Document Number P98000034383 FEIIEIN }Dumber 65-0829357 Date Filed 04/15/1998 State FL Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 12/2912005 Event Effective Hate NONE Principal Address 800 S. DOUGLAS ROAD, SUITE 1200 CORAL GABLES, FL 33134 Changed. 06/16/2020 Mailing Address ATTN MASTEC, INC. LEGAL DEPT. 800 S. DOUGLAS ROAD. SUITE 1200 CORAL GABLES, FL 33134 Changed: 06/16/2020 Reoistered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS ST TALLAHASSEE, FL 32301 Name Changed! 07/15/2014 Address Changed. 07115,2014 OfficertDirector Detail Name & Address Title Director, President, CEO MAS, JOSE R 800 S. DOUGLAS ROAD, SUITE 1200 CORAL GABLES, FL 33134 h ttp://search. su nb iz. org/Inquiry/Corpora[ ion Sea rch/Searc h Resu l t Detai i? i nq u i rytype=Entity... 12/2/2020 Detail by Entity Name Page 2 of 4 Title Secretary, EVP DE CARDENAS, ALBERTO I 800 S. DOUGLAS ROAD, SUITE 1200 CORAL GABLES, FL 33134 Title CFO, Director, EVP Pita, George 800 S. DOUGLAS ROAD, SLATE 1200 CORAL GABLES, FL 33134 Title COO Apple, Robert E. 800 S. DOUGLAS ROAD, SUITE 1200 CORAL GABLES, FL 33134 Title VP RobbinS, Lee A 700 COMMERCE OR, SUITE 235 WOODBURY, MN 55125 Title SVP McDonald, Arthur R 800 S. DOUGLAS ROAD, SUITE 1200 CORAL GABLES, FL 33134 Title VP Neely, Robert 800 S. DOUGLAS ROAD, SUITE 1200 CORAL GABLES, FL 33134 Title VP KARIAN, DAVID 800 S DOUGLAS RD SUITE 1200 CORAL GABLES, FL 33134 Annual Reports Report Year Fled Date 2018 04/10/2018 2019 04/17/2019 2020 06/16/2020 Document lmaoes .!ii iizijr}m- Af'NUPi. 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Menlo OA1. 7�(_IIN9 — MP.M,3 W.QV1J. ..-..M@mmg.r. 0613fY199B -- er er N11511DE9 .. pvn,asrle Prahl View image in PDF formal V+ew imago, in PS71` formal Y,ew Prrpw Iri POF formal View Image In 6R7F fo rnal View anape in PDF fcrrn3l Vlew Imarge,F) PDF fwrna! View Image ,n PpF r�rroll View image ,n PDF ro+rnal V+mv unagv Iri PC1F rvrmar VM-A imago ,n Pf1F rormar Viac IFriaga ,n PC3F Ivrmar Viev Image err PDF form:�r Vraw image m PpF formal View Image in ppF rnrnal View -rage iri PDF inrrnal View rage in PDF rnrrr,at A �u rmaue ih PiN` in mnl View unaye nr PC]F r)rrrrai http://search.stinbiz.org/Inquiry/Corporat ion Search/5eare hResu ltDetai 1?i nq u i rytype=Entity... 12/2/2020 E-Verify- off Company ID Number: 174860 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (NHS) and the MasTec Tampa Hub (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification ,Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and ❑HS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and ❑HS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and ❑HS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verily MOU for Employers I Revision Date 06/01/13 E-Verify Company ID Number: 174860 4. The Employer agrees to became familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. fi. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. [List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)y can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-454-4218. b. if an employee presents a DNS Form 1-551 (Permanent Resident Card), Form 1-755 (Employment Authorization Document), or U.S, Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the phut❑ and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List 6 and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. B. The Employer agrees that, although it participates in E-Verify. the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 5 above, (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a){ 1 }(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1.140 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) if the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 o1 17 E-Verify MOU for Ernployers I Revision pate 06101113 E-Verifv Company ID Number: 174B60 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. ❑HS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify, 9. The Employer is strictly prohibited from creating an E-Verify ease before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability, 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11, The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU. 12. The Employer agrees to follow appropriate procedures ;see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA, The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending, Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article W.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or ❑HS is processing the verification request unless the Emmployer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or NHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verify Company 10 Number: 174860 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions. withholding pay, refusing to assign the employee to a Federal contract or other assignment; or otherwise assuming that he or she is unauthorized to work) until and untess secondary verification by SSA or ❑HS has been completed and a final nonconfirmation has been issued. if the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate she employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274E of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her nationai origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part ❑ below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274E of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title Vll could subject the Employer to back pay awards. compensatory and punitive damages. Violations of either section 274E of the INA or Title VI I may also lead to the termination of its participation in E-Verify. if the Employer has any questions relating to the anti -discrimination provision, it should contact OS at 1-800-255-8155 or 1-800-237-2515 JDD7. 15, The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOLD, except for such dissemination as may be authorized in advance by SSA or ❑HS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-VerifyCq)_dhs. . Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)j and the Social Security Act (42 U.S.C. 1306(a)j. Any person who obtains this information under false pretenses or uses it for any purpose other than as provided far in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting ❑HS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision pate 0610103 E-Verifv Company ID plumber. 174560 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to ❑HS requests for information relating to their participation in E-Verify, 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or ether materials {provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHSIUSCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with OHS, USCIS, or E-Verify. 22, The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. if the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will became familiar with and comply with the most current version of she E.-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22A 801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify, The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract. whichever date is later. Page 5 of 17 E-Verify MOU for Employer; I Revision Dale 06101/13 Company ID Number. 174660 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new 'hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire, If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must; within 90 days of enrollment, begin to use E-Verity to initiate verification of new hires of the contractor wh❑ are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment; Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following ❑HS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long asp i, That Form 1-9 is complete (including the SSN) and complies with Article Il.A.6, ii. The employee's work authorization has not expired, and lii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f- The Employer shall complete a new Form 1-9 consistent with Article Il.A,6 or update the previous Form 1-9 to provide the necessary information if.- i. The Employer cannot determine that Form 1-9 complies with Article iI.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form l-9 contains no SSN or is otherwise incomplete. Note-, If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Vensy MOU for Emplayers I Revision Date 061011-13 E-Verify Company ID Number: 174860 Article II.C.5, but reflects documentation {such as a U.S. passport or Form 1-551) that expired after completing Form t-g, the Employer snail not require the production of additional documentation, or use the photo screening tool described in Article Il.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual- g- The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Articte. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to altow DHS to compare data provided by the Employer against SSA's database- SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U_S.C- § 552a), the Social Security Act (42 U.S.C. 1305{a}), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases. SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218- D. RESPONSIBILITIES OF DHS 1. DNS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verily MOU for Employers I Revision pale D6101/13 Verify Company ID Number: 174860 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify- DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3- DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual- Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify, DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S- Department of Justice- 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to fog in to E-Verify. 7, DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8, DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9- DHS agrees to provide a means of secondary verification (including updating DNS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. fn such Gases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. if the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page a of 17 E-Verify MQU for Employers I Revision (dale 06/01/13 Company I❑ Number: 174864 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding. and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation; the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA For verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verity system regularly for case updates. 6, The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO OHS 1. If the Employer receives a tentative nonconfirmation issued by ❑HS, the Erptoyer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Emptoyer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to ❑HS only when the employee chooses to contest a tentative nonconfirmation. 4. if the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU For Employers I ReVisian Date M01113 E-Verify Company ID Number: 174860 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5, if the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form t-766, U.S. Passport, or passport card to DHS for review by: a, Scanning and uploading the document, or b. Sending a photocopy of the document by express mail jurnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo matchlmismatch, the Employer must forward the employees documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 1►k4 11114RZ I►1 SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOLD for Employers I Revislon pate W011 i 3 E-VeriFy Company ID Number: 174860 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V. part A of this MOU, DHS may terminate this MOLL, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS. SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOLL is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. O. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOLD. whether civil or criminal. and for any liability wherefrom, including {but not limited to] any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers 1 Revision Date 06/01/13 E-Verif No Company Ip Number. 174860 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FQIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MQU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or, [2] immediate termination of its MGU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verity participant, you should only sign the Employer's Section of the Signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Flage 12 of 17 E-Verify MQt.I for Employers l Revision gate 06101113 V Ey '!�; lil111I Company ID Number: 174860 Approved by: Employer MasTec Tampa Huh Name (Please Type or Print) Title Debbie L Angstadt Signature Date Electronically Signed 12/31/2008 Department of Homeland Security —Verification Division Name (Please Type or Print( Tille LISCIS Verification Division Signature Date Electronically Signed 1213112008 Page 13 of 17 E-Verify M 0 U for Employers I Revision Date 06/01/13 E-Verify- off Company 14 Number: 174860 Information Required for the E-Verify Program Information relating to your Company: Company Name MasTec Tampa Hub Company Facility Address 7221 ❑r, MILK Jr. Blvd. Tampa, FL 33619 Company Alternate Address County or Parish HILLSBGROUGH Employer Identification Number 640791oa4 North American Industry Classification Systems Code 238 Parent Company Number of Employees 500 to 999 Number of Sites Verified for 14 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 V Ey Company ID Number: 174864 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 10 site(s) GEORGIA 1 site(s) LOUISIANA 1 site(s) NORTH CAROLINA 1 sae(s) SOUTH CAROLINA 1 site(s) page 15 of 17 E-Verify MO for Employers I Revision Date 06/01/13 E-Verify Company ID Number: 174860 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Bonnie Swisher Phone Number (813) 621 - 0881 Fax Number Email Address bonnie,swisher@mastec.com Page 16 of 17 E-Verify MCU for Employers I Revisien Date 06/01113 E-Verifv- Off- Company fa Number: 174866 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Chris Favino Joelle Hammesfahr Jose Novo Kenton E. Heuerta Jason Cooley Personnel Cateao Construction Superintendent Project Manager Senior ❑irector Director of Safety Regional ❑irector of Training 10 Construction Services Agreement: Revised 092620 (0) 0" MARSH December 14, 2020 MasTec North America, Inc. 7221 E. Martin Luther King Blvd. Tampa, FL 33619 Camille Cruz Marsh USA Inc 1560 Sawgrass Corporate Pkwy. Sunrise, FL 33322 +1 954 638 3432 Camille cruz@marsh.com www.marsh com Subject: Vanderbilt Drive Underground Utility Conversion Phase 4 - Bid Bond No. 20-7791 TO WHOM IT MAY CONCERN: We hereby give our authorization to date the above referenced Contract Bond, Notary Section and attached Power of Attorney to correspond with the date of the contract. Please make sure to advise us the contract date once it has been signed. Sincerely, ' 'k r Camille M. Cruz, Attorney -In -Fact for Travelers Casualty and Surety Company of America MARSH & WLFNNAN LCAD InMHIP KHOWLCL1GE sow rinNs . N1oRi gwiCii i;_OMPA NIC EXHIS!T 8-1; PUBLIC PAYMENT BOND ITB#20-7791 Band No. 107308161 Contract No 20-7791 KNOW ALL MEN BY THESE PRESENTS: That MasTec North America. Inc. as Principal, and Travelers Casualty and Surety Company of America as Surety, located at One Tower S uare Hartford CT 06183 (Business Address) are held and firmly bound to Board a! count, Commissloners of collier Count, as Obligee in the sum Of One Mlllton Seven Hundred Sixty Five Tho;,sand 62h_ kLndred Sixty Nine and 401100 ($ $1 765.869.40 ) 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 OrTday of L 20& with Obligee for Vanderwi Drive Underamund iytit. Conversion Phase 4 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 5upp+ies, 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 d❑ not affect Sureties obligation under this Bond. Tire provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be fiab!e in the aggregate to claimants for more than the penal stem of this Payment Bond, regardiess of the number of suits that may be filed by claimants. iN WITNESS WHEREOF, the above parties have executed this instrument this 151h day of December 2020 the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body, St Construction Services Agreement: Revised N2520 (0) Signed, sealed and delivered i he presence of: Jade Davis, Witness Witnesses as to Principal STATE OF COUNTY OF 1 , PRINCIPAL MasTec North America, Inc. BY NAME Joba .6:- Audi _ ITS: Executive Vice President The foregoing instrument was acknowledged before me by means of 2 physical presence or Ei online notarization, this 1 4j' day of 20 -: by as of 1►1�.; f'; ti ', , r% Ad�� s r ,� _ a F 1 c l - .s corporation, on behalf of the corporation_ _!Jelshe is personallyknown to me OR has produced -- as identification and did (did not) take an oath. J My Commission Expires ,'�= �� =�- - , -�. `' ��`Li� JILt L.-��lr'��_ y• � (Si'gnikture of NotaryPublic) fi r' MAUREEN POPOVICH NAM E:1 \ ! l �+ • 1 '; ' { ti , i wo�`: Rotary Public • state of Florida Commission N GG 7211 at orn My Camm. Expires May 22, 2Q22 (Legibly Printed) Bonded through Hationat Notary Assn. (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: Witnesses to Surety Travelers Casualty and Surety Company of America (Printed Name) One Tower Square Hartford. CT 06183 {Business Address (Authorized Signature) (Printed Name) 12 construction Serwces Agreement: Revised D92520 (0) OR c Michael Galarza, Surety Witness Witnesses STATE OF FLORIDA COUNTY OF PAL BEACH As -Attorney in FactT (Attach Power of Attorney) Camille M. Cruz Attorney in Fact (Printed Name) One Tower Square Hartford. CT 06183 (Business Address) (860) 277-0111 (Telephone Number) The foregoing instrument was ack owledged before me by means of 0 physical presence or online notarization, this day of December 2020 by Camille M. Cruz , as Attorney in Fact of Travelers Casualty and Surety Company of America , a Connecticut corporation, on behalf of the corporation. He/she is pefsonally known to me OR has produced License as identification and did (did not) take an oath. My Commission Expires.05/15/2023 E.PINQUry A, w. M ERAS J$C - State or Fioridtsssion r GG 335313. Expires atay 15, ZGZ3h National Notary Astir. (AFFIX OFFICIAL SEAL) am. 4 -V, (Signature of Notary Public) Name: Ana W. Oliveras (Legibly Printed) Notary Public, State of: FI❑rida Commission No.; GG 335313 13 C,nnslruclion Serwces Agreement: Revised 092520 (0) i TR► VELERSJ Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That Travelers Casually and Surety Company of America. Travelers Casually and Surety Company. and St Paul Fire and Marine Insurance Company are corporations duly organized under the caws of the State of Connecticut therein collectively called the "Corn pan ias"), and that the Corpanies do hereby make, constitute and appoint Camille M. Cruz of Palm Beach Flonda their true and lawful Attomey-in-Fact to sign execute. seal and acknowledge any and all bonds, reco gnizancas. condirronaI undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the Fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed bylaw tN W ITNESS WHEREOF the Companies have caused this instrument to be signed, and their corporate seals to be heretoafftxed, this 3rd day of February. 2017. sue. State of Conneeticut City of Hartford ss. Roden L Raney. Senior Vice President On this the 3rd day or February. 2017 before me personally appeared Robert L. Raney who acknowledged hrmset I to be the San lair Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company. and St. Paul Fire and Marine insurance Company, and that he. as such, being authorized sa to do, executed the foregoing instrument for the purposes therein contained by signrng on behalf of the corporations by himself as a duly authorized officer In Witness Whereof. 1 hereunto set my hand and official sea+. e My Commission expires the 30th day of .tune, 2021 Marie C Tetreault, Notary Public This Power of Atlomey is granted under and by the authonty of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America. Travelers Casualty and Surety Company and St. Paul Fire and Manne Insurance Company. which resolutions are now in full force and effect reading as follows'. RESOLVED, that the Chairman. the President, any Vice Chairman. any Executive Vice President. any Senior Vice President. any Vice President, any Second Vice President, the Treasurer. any Assistant Treasurer the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in•Fact and Agents to act for and on behalf of the Company and may give such appointee such atit honty as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds recognizances, contracts of indemnity. and other writings obligatory in the nature of a bond, recognizance. or conditional undertaking. and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her and it is FURTHER RESOLVED, that the Chairman. the President, any Vice Chairman. any Executive Vice President, any Senior Vice President or any Vice President may delegate ail oraiiy part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is €iled in the office of the Secretary, and rt is FURTHER RESOLVED. that any bond, recognizance, contract of indemnity, or writing obligatory rn the nature of a bond. recognizance, or conditional untler•.akinr, shall be valid and binding upon the Company when ta) signed by the President, any Vice Chairman. any Executive Vice President. any Senior Vice President or any Vice President. any Second Vice President. the Treasurer any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary of (bi duly executed lurider seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant Io a written delegation of authority- and it is FURTHER RESOLVED. Ihat the signature of each of the following officers. President. any Executive Vice President. any Senior Vice President. any Vice President any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certiflea te relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attomeys-ln-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shale be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes. the undersigneo, Assistant Secretary of Travelers Casualty and Surety Company of Amefrca, Travelers Casualty and Surety Company and St Paul Fire and Marine Insurance Company. do hereby certify that the above and foregoing is a tine and correct copy of the Power of Attorney executed by said Companies, which remains in €iili force and effect Dated this day of FR,iLi.i ri 'Yd 1� r a � S. •' � 4- w Kevin E. Hughes. Assistant Secretary To verify the luthenvelry of this 'ewer of Attorney, please call us at 1-300-421-3830. Please refer to the above-rameC Att.,►-ney-w-Fact and the details of the hand to which the power is attached. Marsh EXHIBIT B•2: PUBLIC PERFORMANCE BOND ITS# 20-7791 Bond No,107308164 Contract No. 20-779-1 KNOW ALL MEN BY THESE PRESENTS. That MasTec North America Inc. , as Principal, and Travelers C2SU@Itk and Surety Com +an of America as Surety, located at One Tower SquareHartford. CT 46183 (Business Address) are held and firmly bound to Board of Co nt • Commissioners of Collier County , as Obligee in the sum of One Million Seven Hundred Sixty Five Thousand Eiaht Hundred Sixty Nine and 401100 ($1 765.869.40 ) 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 204 k with Vanderbilt Drive UnderarOUnd Utility Conversion Phase 4 a( day of Obligee for accordance with drawings and specifications, which contract is incorporated made a part hereof, and is referred to herein as the Contract. THE COITION OF THIS BOND is that if Principal: in by reference and Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, casts and attorneys fees that Obligee sustains because of any default by principal under the Contract, inciuding, 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 hone 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 bored. 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 snits that may be filed by Obligee. IN WiTNBSS WHEREOF, the above parties have executed this instrument this 15th day of December , 2020 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 Conslruclion Services Agreement: Revised 092520 (v7) Signed, sealed and delivered i he pr senc f; • Jade Davis, Witness _ Witnesses as to Principal STATE OF t•r. �� COUNTY OF ►-1.'VY_ttt ti, y t PRINCIPAL MasTec North Amenc@.-thc. f.. BY. 1 NAME. john c. Audi ITS Executive Vice President The foregoing instrument was acknowledged before me by means of C�-physical presence or ❑ online notarization, this i =j ' ri day of ' '' ti"-y � I 20- . by ll ti of +d ,_ a _ ► s ,� _ - 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- ..k 4a,Q 4-*l ,; ."'� ""•, fAAUREEN POPOVICH �, j ° Notary Public State of Hart& ��p`_- Commission N GG 221104 ' nif� `` My Comm. Expires May 22, 2022 Bonded through Nationai Notary Assn. R (Signs re of Notary Public) -� , Name. k'� �,S :�.� [ . (Legibly Printed) Notary Public, State of: 1c,k +' L' Commission No.: t• C- T-1;10tf 1s Construclion Services Agreement' Revised Q92520 (vl) ATTEST: SURETY: Witnesses as to Surety AQ Michael Galarza, Surety Witness _ Witnesses STATE OF FLORIDA COUNTY OF PALM BEACH Travelers Casualty and Surety Company of America (Printed Name) One Tower Square Hartford, CT 06183 (Business Address) (Authorized Signature) (Printed Name) As Attorney in Fact (Attach Power of Attorney) Camille M. Cruz. Attorney in Fact (Printed Name) One Tower Square Hartford. CT 06183 . (Business Address) 860 277-0111 (Telephone Number) The foregoing instrument was acknowledged before me by means of El physical presence or R: online notarization, this 15 day of December 1 2020 by Camille M. Cruz , as Attorney in Fact of Travelers Casualty and Surety Cnrnpany of America , a Connecticut corporation, on behalf of the corporation. He/she is personally known to me OR has produced License as identification and did (did not) take an bath. My Commission Expires;0511512023 ANA w 00VEW rotary aunlir - State of Fkuida Cornmissivn r GG 33S3 13 Mr Comm. fsoires May Is, 20z3 Bonded thrnuo National Notary Aw. (AFFIX OFFICIAL SEAL) r � (Signature of Notary Public) Ana W. Oliveras (Legibly Printed) Notary Public, State of: Florida Commtssion No.: GG 335313 16 Construction Services Agreement: Revised 092520 (0) Travelers Casualty and Surety Company of America AM Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That Travelers Casualty and Surety Company of Ameoice, Travelers Casualty and Surety Company and St. Paul Fire and Marine Insurance Company are corporations duly organized under the taws of the State of Connecticut therein Collectively called the "Companies"l, and that the Companies do hereby make, constitute and appoint Camille M- Cruz of Palm Beach Flonda their true and lawful Attorney -in -Fact to sign, execute_ seal and acknowledge any and all bonds. recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bands and undertakings required or permitted 1n any actions or proceedings allowed by law IN WITNESS WHEREOF the Companies have causes this instrument to be signed and their corporate seals to be her etdaffixed. this 3rd day of February. 2017- 2 NNN\ State of Connecticut sv. City of Hartford ss Robert L Raney, Seiilor Vice President On this the 3rd day of February 2017 before me personally appeared Robert L. Raney Who acknowledged himself to be the Senior Vice President of Trayeiers Casualty and Surety Company of Amenca, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Cam pany, and that he. as such, being authorized so to do. executed the foregong instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer in Witness Whereof, 1 hereunto set my hand and official seal- p.�lT My Commission expires the 301h day of June 2021 uq YnW,!A. �. c �uic • Marie C Tetreault, Notary Public S This Power of Attorney is granted under and by the authonty of the following rescilubons adopted by the Boards of Directors of Travelers Casualty and Surely Company of Amenca. Travelers Casualty and Surety Company and St Paul Fire and Marine Insurance Company, which resolutions are now in full farce and effect reading as follows RESOLVED. Lhat the Chairman. the President, any Vice Chairman any Executive Vice President- any Senior Vice President. any Vice President. any Second Vice President- [tie Treasurer. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act Tor and on behalf of the Company and may give such appointee such authonty as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seat bonds, recognizances, contracts of indemnity. and other writings obAgatory in the nature of a bond. recognizance. or conditionai undertaking. and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED. that the Chairman. the President. any Vice Chairman, any Executive Vice President. any Senior Vice President or any Vice President may delegate all or any part of the foregoing authonty to one or mare Officers or employees of this Cum pany provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary, and it is FURTHER RESOLVED, that any bond, recognizance, contract of +ndemnily, or waling obligatory in the nature of a bond. recognizance, or conditional undertaking shall be valid and binding upon the Company when ial signed by the President any Vice Chairman, any Executive Vice President any Senior Vice President or any Vice President, any Second Vice President, the Treasurer. any Assistant Treasurer_ the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or Ibl duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and ills FURTHER RESOLVED. that the signature of each of the following officers President, any Executive Vice President. any Senior Vice President, any Vice President. any Assistant Vice President, any Secretary, any Assistant Secretary. and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaires or Attorney srn-Fact for purposes only of executing and attesting bonds and undertakings and otherwntings obligatory in She nature thereof, and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be Valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. t, Kevin E. Hughes. the undersigned. Assistant Secretary of-ravelers Casualty and Surely Company of America, Travelers Casualty and Surety Company. and St. Paul Fire and Marine insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which remains in full force and effect. Dated this day of �Z., ! Kevin E. Hughes. Assistant Secretary To verify, V; a a14 t,5enriclry of th?s Power ofAttorney, please call us at I - 800 - 421 -3880. Please refer to the ahr eve-oatned Attoi ney-in-Fact and the details of the bond to which the power is attached Marsh EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work, The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of t1nis solicitation shall name Collier County; Florida; as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Contractor's sole responsibility. 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. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four t24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. fin the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17 Construction Services Agreement: Revised 092520 (v7) Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between the County and Contractor, The County shall be under n❑ 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 ❑ocuments. 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 ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certifiicate(s) shaft be considered justification for the County to terminate any and all contracts. 18 Construction SeNices Agreement: Revised 092520 (v7) Collier County Florida Insurance and Bonding Requirements Insurance 1 Bond Type Required Limits 1. ❑ Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https:/Iapps.fldfs.com/bocexemr)t/ 2. ❑ Employers Liability $ single limit per occurrence 3. ❑ Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $ single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ❑ Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 5, ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, OwnedlNon-ownedlHired; Automobile Included 6. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. S Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ■ $1,000,000 per claim and in the aggregate ■ $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 19 Construction Services Agreement: Revised 092520 (0) ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions S Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ❑ Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 10. ❑ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly, 11_ ❑ The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ❑ Thirty (30) Days Cancellation Notice required. Consultant's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Consultant Signature Print Name Insurance Agency Agent Name Date Telephone Number 20 Construction Services Agreement: Revised 092520 (v7) EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared who after being duly swam, deposes and says: (1) In accordance with the Contract Documents and in consideration of S to be received, ("Contractor") releases and waives for itself and its subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or In tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated ,20 for the period from to , This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor- (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthlylfinall Application for Payment No. Witness President Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: [Corporate Seal) The foregoing instrument was acknowledged before me by means of ❑ physical presence or 0 online notarization, this day of 1 20 by a corporation. He/she is personally My Commission Expires (AFFIX OFFICIAL SEAL) as of corporation, on behalf of the known to me OR has produced as identification and did (did not) take an oath. (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: 21 Construction Services Agreement. Revised 092520 (v7) EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County ,board of County Commissioners the OWNER or Collier County Water -Sewer Owner's Project Manager's Name: Bid No. Project No. Count 's Division Name Purchase Order No. Submitted by Contractor Representative: Name Application Date: Contractor's Name & Address: Payment Application No. Ori inal Contract Time: Original Contract Price: S Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & Stored to bate; $ Retainage @10% through [Insert Date] $ Retainage @ 10% through [Insert date] $ Retainage @ % after Insert date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment(s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: % Liquidated Damages to Be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shaft be signed by an authorized representative of the Contractor - Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended by: Design Professlonal's Name Signature: I J Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended by: Owner's Project Manager Name: Signature: I A Date: 22 Construction Services Agreement? Revised 092520 (v7) EXHIBFT 0 (Co ntin ued) SCHEDULE OF VALUES Proaecl Name - Project Hu mher: Dole: P-a,t To: SCHEDU VAL LIE] WORK 2313CWMM • Explanation for the two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retalnage issue coi Into play, If this happens, all information up to the date of the %change in retainage is placed In the Thru Date column- Information after that date is placed in the Since Date column. This states what has happened since the change in retainage. 23 Construction Services Agreements Revised 092520 (v7) Exhibit D (Continued) Stored Materials Record Pormula-A+B -C -D=E A S C D E Date Description Supplier Invoice Number Previously Received Received This Period Previously Installed Installed This Period Balance To Install 24 Construction Services Agreement: Revised 092520 (v7) EXHIBIT E. CHANGE ORDER An electronic data entry form may be found at: httr)://bccsp0l /SiteDirectory/AS D/Purchasing/Forms 11Forms/Defau lt. aspx Change Order Form ContractO: Change*= Purch3seOrder s Pro*tw ContractodFirrn Name: Project Name: Project Manager Name Aepartrnent Original 40na;:Ct'VVcr.: OFmer Arreurrt Orgirim l6CC A.W oval La*, Age naa Item it Current BCC ACnrrvr-dArm unt I9st 2CC AwoualCate; Apt nos 13EFr Current Cent3ctwor,( 370Lr Amount 5.AF- CorrtraCt Expiration Cate tl' %te•) CoIle r Arno urtof this Charge *UlV C: Tvtal Charge from OrginalArm=nt Ftevise0 Contr9[t'd�l� Ordr Total g �.00 I, �' Change from Curern 9C: Approved Amount Cum iulad'e Chang" S 0 Zo vcIV: 0 Ct.an a frmCursnt Ama rrt e Completion Date, Description of the Task[sJ Change, and Rationale for the Change Notice to Prae I� Original LastApproved � Revised bate Date Completion Dat Date 4ofDaysAdd ed Select Tasks U Add new taskls} ❑ Delete t3skls} ❑ Changetasktsy ❑ Other.xan: Provide a response to the following: t.l detailed and specific expl3mtion!ratnnaleof the requestedchan"l to the t3sklsl and ! or the add itinnal days added lif r"uestedl; 2 ) why this change was not ineluded in the original contract; and, 3.1 describe the impadif this change is not processed. Attach a::tgrai mfo^orator from 1re 7e=_ir ;n.rs ar:. c•• Co^tr3_t;r rf ^es s= Prepared by D31- (Pr��.;r �,1araFE' TJ'amE 3r•'. Jepar:me": �.�:=L43^.ce 3f St�l5 vr3^�E iJrCM5n3�ic4r5:c•tearlY.'�fG31kV'-❑:�r;•3w NAhf=•.Er �:Ertf �eC a"tr=�2 ar: w�P fNS=..._�.r�r se"15 '�"r15 a^i Lt•^7 Re7r�3 as C6r:Sa•IYC it Sretor:fay} HA!+S ML=r r+!td;2� 3:arl, 'a5 filly 35 if !t'e 35n1E 0re•P ie.e: •r :ri a. L+'3." `r� -:.s7mert Awry. tclt-la'Colr=sl5 au_orsvm L' 3full arL'f^313 e3tleff*r1:,I-;n ar-, 3ric31rns nitre .r'..•7r73•:57r. ': E^_:� ..='3: :3 r- ?e yr F'rysss G^iI an3 ra 06'r M ar TSLa!ea E :rar.y= 3i'. foK6 f+ErBir. ir- iL•:1rg' :i3'm5 for IMpa'j 33r] 7eiy = _� Accepted by: Da1- :artra_'ar Ven;or. C'jrf61ar- 7S5Gr=r7fe5sor3 arC'dameeiF:rrr.ifvo*ctapO.t:sd!ei Approved by. (Des�rRrpfe5��r3ar':r+iaMEo!:rrn NprCj2C',aGP��eL•2 Approved by. Pare: Prx:remer! r'r17fES5.]r3� 25 Construction Services Agreement: Revised 092520 (v7) EXHIBIT F: CERTIFICATE ❑F SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof- To OWNER And Tc Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to Include an item in it does not alter the responsibility of CONTRACTOR to ccrnplete all the Work in accordance with the Contract Documents. The Items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 26 Construction Services Agreement: Revised 092520 (v7) RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 120 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 120 OWNER By; Type Name and Title 27 Construction Services Agreement: Revised 092520 (v7) EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: The following items have been secured by the for the Project known as PO No.: Date; and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement; Calendar Days. Actual Final Completion Date: YES NO 1 _ All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 5. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14, Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) 28 Construction Services Agreement: Revised 092620 (0) EXHIBIT H: GENERAL TERMS AND CONDITIONS INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof} to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, taw or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1,2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions. and particularly, but without limitation, with respect to the following those affecting transportation, access, disposal, handling and storage of materials: availability and quality of labor; water and electric power: availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 29 Construction Services Agreement' Revised 092520 {v7j 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shalt indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be N Construction sewCes Agreement: Revised 092520 (v7) limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently Identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. if payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee; as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 31 Construction services Agreement: Revised 092520 (v7) stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's procurement ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Own er with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly. prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a deta+led Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments For Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "lathes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISAWASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 32 Construction Services Agreement Revised 092520 (v7) S, PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of. - (a) Defective Work not remedied, (b) third party claims filed or reasonable evidence indicating probable filing of such claims. (c) failure of Contractor to make payment properly to subcontractors or for labor. materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including; but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to Final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 33 Construction Services Agreement- Revised 092520 (0) 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment. Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evatuate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will sa Construction services Agreement: Revised N2524 W) record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8 1.2 Soil conditions which adversely affect the Work, 8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 6.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site. 8.1.9 A list of all visitors to the Project 8.1.1 q Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications. addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes rrade during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features 35 Construction Services Agreement' Revised 092520 (v7) (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five t5j years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law. whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: Public Record Re uest colIiercount f1. ov The Contractor must specifically comply with the Florida Public Records Law to; 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4 Upon completion of the contract; transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 36 Construction Services Agreement' Revised 092520 (0) 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men; as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion. as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any light or claim Owner may have against Contractor for delay damages hereunder. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed. {i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be Issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 37 Construction services Agreement: Revised 092520 (v7) 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor. a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner 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 Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party mating the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claire or else the Contractor shall be deemed to have waived the Claire. Written supporting data shall be submitted to the Project Manager within fifteen t15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed 38 Consiruction Services Agreement: Revised 092520 (v7) to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract for Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other warp. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence. recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 39 Construction Services Agreement Revised 092520 (v7) 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B-3 to the Agreement. Further. the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3, 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by she immigration laws of the Unaed States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors 1 Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor'slbidder's proposat. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Sidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's 1 Contractor's proposal may be deemed non- responsive. 40 Construction Semces Agreement: Revised 092520 (v7) Additionally, Contractors stall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs._qov/E-Verify,. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firmts) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris; rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any park thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, Including license fees. permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 41 CansllUCllon services Agreement' Revised 092520 (v7) 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to d❑ so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days, or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes. laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion. then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment. and appliances of Contractor, take assignments of any of Contractors subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner. in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the frill amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 42 construction Services Agreement Revised 092520 (0) 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured. after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred. but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents, In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does 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 43 Cons(Fuctlon Services Agreement Revised 092520 W) shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before fnai payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. t5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21. } Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 44 Construction services Agreement: Revised 092520 (0) 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, Iaws, ordinances. rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs: to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work most, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract ❑ocuments or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed. either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential 45 Construction Services Agreement' Revised 092520 (v7) costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested; Contractor. at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective; Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure. observation, Inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure. observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination} to accept defective Work. if such determination is rendered prior to final payment, a Change order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided. however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work ail materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents. and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall. be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall as Construction Services Agreement: Revised 092520 (v7) include, but not be limited to, fees and charges of engineers; architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24. t Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently. devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurate [y with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except tinder extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.8, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Worm from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone far whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith 47 construction Services Agreement: Revised 092520 (0) 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. if the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment. the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work, 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. 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. 48 construction Services Agreement Revised 092520 (v7) All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and ail 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 Ail Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. .All Employees working at the Project site must log in and out with the Contractor each day, 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 Ali Employees shall at all times corn ply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.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 designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner Investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit. distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property, and 49 Construction Services Agreament: Revised OS2520 (0) 28.5.9 At all times. Contractor shall adhere to Owner's safety and security regulations, and skull comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals. and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31, MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way. the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purch@sing- The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT') policy will be enforced under this Contract. All casts associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (1 p) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner. Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). so Construction Services Agreement: Revised 092520 (v7) Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents, In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax ender Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severabiIity, 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 wh❑ is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner, All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any worts on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. 5s Construdbo Services Agreement: Revised 092520 (07 Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of ❑wner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and prof[. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 52 Construction Services Agreement: Revised 092520 (v7) 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner. and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.11A Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.5 Warranties and Guarantees 34.1.7 Cast Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.1 Q Equipment Costs 34.1,11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.1 B Lab Test Reports 34.1.17 insurance Certificates and Bands 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense {Tickler} Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a Brief update on the Project to the Collier County Board of County Commissioners, 'Board`, up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule 53 Construction services Agreement' Revised 092520 (v7) to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information- Originai contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a stake and FBI fingerprint check. credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-maii (DL-FM0PS�Z�coIIiergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their Locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewea for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts. which may include but not be limited to! design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND1UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30130A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and 54 Constniction Services Agreement: Revised 092520 (v7) STI, UL, PEI, ASME, NACE, NLPA. MIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing 1 will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2548 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials J petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWM❑ must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT; PROJECT MANAGER, SUPERVISOR. EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 44. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla, Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida. which courts have sole and exclusive jurisdiction on all such matters. 55 Construction Services Agreemenl: Revised 092520 (v7) EXHIBIT I: SUPPLEMENTAL TERMS AN CONDITIONS "N/A" 55 Construction Services Agreement: Revised 092 52 0 [v7] &I A� R�� CERTIFICATE OF LIABILITY INSURANCE DATE 12D20 YY, ia�+41zn2D 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 rt hts to the certificate holder In lieu of such endorsements). PRODUCER CONTACT MARSH USA, INC. NAME' - rilka TWO ALLIANCE CENTER WC. Ho, FMJ: LAJC Nod 35W LENOX ROAD, SUITE 24W EMAIL Atlanta. GA 30326 ADDRESS: AfIn7 AIIan1a.Cer1request@mars1h.conl IHSURFJ!(Sj AFFORDING COVERJIGE _ _ NAIL # CN10290233U-Masl-GAWU-2{�21 LISG X INSURER A: ACE American Insurance Company 22667 INSURED INSURER B : Illdemni Ins Co Of Nnrlh America43575 MasTec North America, Inc. Utility Service Group INSURER C : ACE Propeily & Casualty insurance Company 20699 7221 E. Martin Luther ling Boulevard INSURER D : ACE Free Underwrilers Insurence Company 20702 Tampa, FL 33619 - INSURER F COVERAGES CERTIFICATE NiJAMRE-R! ATL-DM314707-1fi RFVIRICIN NIIMRFR- 7 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 CONDiTICN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE 'ADDL SUBR I POUCY EFF POLICY E%P LTR POUC Y N UM BER FI;LIMITS ill15,'2021 A X ' COMMERCIAL GENERAL LIABILITY x X5L G71448344 0911512020 EACHOCCURRENCE S 1D 0DO x CLAIMS -MADE OCCUR ' T]�IGAG€fiiit�iJ'fi=ti S 0• _ PREMISES Eaoccurmnoa X SIR: $1,DDO.WO --- MED EXP (Aritane Qerwn) 5 SELF INSURED PERSONAL ADV INJURY S 3.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5 20,DW,ODO X POLICY 0 dE'CT - LOC PRODUCTS - COMIPIOP AGG -- - - - - - S 6.DDD,DDO S • OTHER : A AUTOMOBILELIABILTTY ISA H25309261 I4911512020 10911512021 LIMIT : S 10,OUD.000 [CM B�BINEEDt5n 11NGLE ; -S X ANYAUTO BODILY INJURY (Per person) OWNED SCHEDULED AUTOS ONLY _ AUTOS BODILY INJURY (Per soeidenll i 5 X HIRED x l NON -OWNED PROPERTY DAMAGE I S AUTOS ONLY AUTOS ONLY Lftr aair{entl _ I I � s j( UMBRELLA LIAR X OCCUR XOOG71557625.OW2 09115+2420 A1512021 EACH OCCURRENCE is 5.ODD,000 EXCESS LIAR CLAIMS —MADE AGGREGATE_ !S 5,0DD,000 - --- - DE❑ �I RETENTIONS S 5 WORKERS COMPENSATION WLR C67464060 (AOS) U911M 090512021 x PER 0TH A AND EMPLOYERS' LIABILITY ANYPROPRIETOPWARTNERIEXECUTIVE YIN �'NLR C87E54142 (A2, CA, MA} 4911$Pp420 , STATUTE ER -_� 09I1512021 2,000,000 E.L. EACH AGCIDt-NT S A OFFICER+MEMBER EXCLUDED? ❑N N 1 A ;MaridaLvry In NHf C67464187 (FL,GA,NC,TXj 09115020 �_ D811512021 E.l. DISEASE - EA EMPLOYEE S 2,ODD,000 +WCU Ityyes,describe under 4SIR: 52,DDD,DDo(FL,NC,TXjILIMtGA) 20r70000 DESCRIPTION OF OPERATIONS hclow E.L DISEASE- POLICY UMJT 5 D Workers Compensation SCF C5746414A (WI) 09/1512020 0911512021 ZD00.000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES IACORD 101, Additional Remarks Schedule, mar h* atlachad If more space is required} Collier Courily Board of County Commissioners. OR. Board of County Commissioners in Collier County, OR, Collier Coualy Governmeni OR, Collier County are included as Additional Insured (except Workers Compensation) where required by written contract or agreerrerlt. This insurance is Nmary and Non-Coatnloulory over any exisling insurance and Ilmiled to liability arising out or the operations of the Named Insured and where required by written contract or agreement. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trall E. Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE or Marsh USA Inc. Manashi Mukherjee 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD CHUBS Polio- K tini er:1,�AH?53i 9201 A;. 6 NOTICE TO POLICYHOLDERS NOTICE TO OTHERS - SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE A. It we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor to send written notice of cancellation, to the persons or organizations listed in the schedule anal you or your representative create or maintain (the 'Schedule") by allowing your representative Lo send such notice to such persons or organizasions. This notice will be in addition to our notice to you or the first Named insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B, The notice of c.-incellation, as provided by your representative, is intended only lu be a wuwlesy notification to the person(s) or organ"tion(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such porson(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives. will not extend any Policy cancellation date and will not negate any cancellation at the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative wilt in turn send the notice to the persons or organi,,atirms licieri in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will Cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. tr_ The provisions of this notice do not apply in the avent that you cancel the Policy. ALL-34275 (10111) Page 1 of t C H U E3 B Poliq-Number: XSr.G71,14834-1 NOTICE TO POLICYHOLDERS NOTICE TO OTHERS — SCHEDULE NOTICE BY INSUREWS REPRESENTATIVE A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured For any reason other than nonpayment of premium, we will endeavor to send written notice of cancellation, to the persons or organizations listed in the schedule that you of your representative create or maintain (the "SChedulA") by allowing your representative to send such notice to such persons or organizations, This notice will be in addiftn to our notice to you or the first Named Insured. and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. 8- The notice of cancellation, as provided by your representative, is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organizafion(s). The failure to provide advance notification of cancellation to the persons) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us. our agents or represeilLaiives, will not extend any Pcfty cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule. nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your represenlalivP, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. The provisions of this notice do not apply in the event that you cannel the Policy ALL-34275 (10/11 ) Page 1 of 1 Y►rorxers vompensauon ana iempioyers- Liat7urny FroliCy A,: Named Insured - -- Endorsement Number MASTFC, INC. 1' c- I Boo T)OUGI ASS RPAD PENTHOUSE Poiicy Number CORAL GABLKS FL 33134 5 mbol:WL,R Number C67464060 Palicy Period Effective Date of Endorsement 09-15-2020 TU 09-15-2021 09-15-2020 Issued By {Name of Insurance ComvanvI INDEMNITY INS. CO- OF NORTH AMERICA Insert the policy number Tne remainder of itle information is to endorsement is Issued subsequent to the NOTICE TO OTHERS ENDORSEMENT — SCHEDULE A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic or other form of notification as we determine, to the persons or organizations listed in the schedule that you or your representative provide or have provided to us (the "Schedule"). You or your representative must provide us with the physical and/or e-mail address of such persons or organizations, and we will utilize such a-rnail address or physical address that you or your representative provided to us on such Schedule. B. the Schedule must be initially provided to us within 15 days after. i. The beginning of the Policy period, if this endorsement is effective as of such date: or ii. This endorsement has been added to the Policy, if this endorsement is effective after the Policy period e:nmiTir?r7res. C. This endorsement must be in an electronic format that is acceptable to us; and must be accurate. D. Our delivery of the notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the dale the notice of cancellation is mailed or delivered to the first Named Insured. E_ We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy, F_ The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). our failure to provide advance notification of cancellation to the persons) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy- G. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does nol provide us with a Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement- H. We may arrange with your representative to send such notice in the event of any such cancellation_ I. You will cooperate with us in providing the Schedule, or in causing your representative to pmvide the Schedule. J. This endorsement does not apply in the event that you cancel the Policy. Ail other terms and condrtlons of this Policy remain unchanged. _ f f Authorized Representative WC 99 03 70A (W12) Page 1 of 1 AC"ROB CERTIFICATE OF LIABILITY INSURANCE ❑ATE(MMIDDNYYYI 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 Heider is an ADDITIONAL INSURED, the poIicy[ies) must have ADDITIONAL INSURED provisions or he 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 riot confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH U A- INC. NAME: _ TVVD ALLIANCE CENTER PHONE 3560 LENOX ROAD. SUITE 2400 EANfl._ExU FAX Ha} MIL ATLANTA. GA M326 Aoogku; Ann:Atlanta-CerlRequeSt@marstl.00m Fax--212-948.4321 INSURE RLS)AFFORDING COVE RAGE I NAICIf CN102502330 May[ POLL-20 21 USG INSURER A : Stead{a;t InSwarrce Company 26387 INSURED MasTec North America. Inc. INSURE& a Utilily Service Group INSURER C Tamp E. Martin Luther Icing Boulevard Tampa. FL 33619 IHsuReR D INSURER E COVERAGES CERTIFICATE NUMBER: ATL-M5165691.01 REVISION NUMBER: 2 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 SEEN REDUCED BY PAID CLAIMS. _ ILTR TYPE OF INSURANCE AODL SU9R; pOWCY EFF POLICY EXP POLICY NUMBER r6OIYYYY MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY J EACH OCCURRENCE is CLAIMS -MADE OCCUR -GAWAGE TO REivl`ED PRE=jNj4U iEa d¢urrence 5 - _ MED EXP Anyone person S PERSONAL A ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: PRD_GENERAL AGGREGATE 3 _ POLICY � .J'T- J LOC. PRODUCTS-- COMPIOP AGG S 5 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO Ecridenl �Sl— AUTOS OWMED SCHEDULED BODILY INJVRY (PerpersONLY I� AUTOS BODILY INJURY (Per acadenl) 5 HIRED NOWOAUTOS O PROPERTY DAMAGE AUTOS ONLY �- _ AUTOS ONLY � L accer[e�t{ 5 I j UMBRELLALIAB OCCUR EACHOCCURRENCE S EXCESS LIAS .CLAIMS -MADE -- - -- AGGREGATE �S OE❑ RETENTION$ 5 WORKERS COMPENSATION PER OTTI. AND EMPLOYERS' LIABILITY ,TIN S Tu ER ANYPROPIRIETOR+PARTNERJE%ECUTIVE C{DS OrPICE RIMEMBER EXCLUDED? � N!I E.L. EACH ACENT A [Mandatory in NH] describe under E-L. DISEASE EA EMPLOYEE 5 _ Ir yye5, i - - - - 1) 91PTION OF OPERATIONS dhow E.L. DISEASE - POLICY LIMIT S A Contractors Pollullon CPL 6018243-01 07102+2020 OTIW2021 Limit (Per Occurrence) I 10,000,4 SIR Z1AW,004 Aggregate 10.00D,0 0ESCRIPT ION OF OPERATIONS I LOCATIONS a VE HiC LES [A CORD 101. Additional Remarks Schedule• may be a[W hed I mo re apace 15 regwi redj CERTIFICATE HOLDER CANCELLATION Caller County Board SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of CountyCommssionars THE EXPIRATION DATE THEREOF, NOTICE WILL 8E DELIVERED IN 3295 Tamiamt Trail E. ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 AUTHORIZED REPRESENTATIVE of Marsh USA inc. Manashi Mukherlee _�LsLtinyoL :�� O 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Contract # 16-6622 "Big Corkscrew Island Regional Park" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into fhis IL4.4h day of 201_� by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and O. Grady Minor and Associates, P.A., authorized to do business in the State of Florida, whose business address is 3800 Via Dal Rey, Bonita Springs, FL 34134 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). W I T N E S S E T K WHEREAS, the OWNER desires to obtain the professional design, permitting anO project oversight services of the CONSULTANT concerning Big Corkscrew Island Regional Park (BCIRP) (hereinafter referred to as the "Project"), said services tieing more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the Type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutuai covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNED. professional design, permitting and project oversight services in all phases of the Project to which this Agreement applies. Agreement # 16-6622 "gig Corkscrew Island Regional Park" f!. Grady Minor and Associates, P.A. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule 8, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Colliel County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CON3ULTANIT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Mark Minor a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is aulhorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and pei-formed by the CONSULTANT hereunder, The Project -Coordinator shali not be removed -by -CONSUL T ANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. Agreement # 95-6622 "Sig Corlssumv Island Regionat Park" Q. Grady Knor and Associates, P.R. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be mane with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Piompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specificaily thase contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-9333 3 Agreement # 16-6622 "Big Corkscrew Island Regianat Park" Q. Grady Minor and Associates, P.A. The Contractor must specifically comply with the Florida Public Records Law to; i . Keep and maintain public records required by the public agency to perform the service- 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cast provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cast, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon} completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. if the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meei all applicable requirements for retaining public records. Ail records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the info; mation technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County stall have the discretion to unilaterally terminate this agreement iml-nediately, 4 Aareement #'16-6622 "Big Corkscrew Island Regional Park" 0 Grady Minor and Associates, P.A. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate, documents necessary for successful construction of the Project. 1.7.1 The County reserves the right to deduct portions of the (morsthlv) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project, This list is not deemed to be all-inclusive, and fhe County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeirame, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, withoLlt OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt vPlritten notice of any such subpoenas. '1,9. As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DON format on a CD or DVD, drawn in S agreement#'f6-6622 "Big Corkscrew Island Regional Park" Q. Grady Ill;iirror and Associates, P.A. the Florida State Plane East (US Feet) Coordinate System (NAD 83199). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when 'Implemented, derived from 'ihe RTK(Real-rime Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CI , edge -of -pavement - ECP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1, If authorized in writing by OWNER through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain From others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services mast be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. OWNER will not be responsible foF the cosis of Additional Senvices commenced without sLw�h express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of arty claim by CONSULTANT for such AddilJonal Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within 6 Agreement # 1 n"-6622 "Big Corkscrew Island Regional Park" Q. Grady Minor and Associates, RA. forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence, Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shalt he Additional Services: 2.2. Preparation of applications and supporting documents (except [hose already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2:3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Docurrlents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes ar orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.4. Providing renderings or models for OWNER'S use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.6. Furnishing seiMces—of-independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. Agreement # 16.6622 "Big Corkscrew Island Regional Park" Q. Grady Minor and Associates, P.A. 2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.9. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.10. Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3A, The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be. rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated-ta-commence and com-plete all such sa visas; or (c) The amount of compensation the OWNER is obligated or committed to pav the CONSULTANT, 8 Agreement # 1E-6622 "Big Corksciew Island Regional Park" Q. Grady Minor and Associates, P.A. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agrees -nent. _ 4-2—Should CONSULTANT be -obstructed or delayed in the prosecution or completion of its _-- services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own faillt or neglect, including bUt not restricted to acts of nature or of public enemy, arts 6 ,Agreement # 96-66n "Big Corkscrew Island Regional Park" Q. Grady Minor and Associates, P.A. of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or foci; -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No intern Ipfion, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, 'however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, peiiorm or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction Thal` -the -CONSULTANT'S pe6ormance-i= oi— will shoilly be back on schedule. l� Agreement * 16.6622 "Big Corkscrew Island Regionai Park" Q. Grady Minor and Associates. P.A. 4.5. In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1, Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Stem (Fixed Price); A firm fixed total price offering for a project; the risks are transferred from the County to the Consultant; and, as a business practice there are no hourly or material invoices presented, rather, the Consuftant must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the Consultant 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or wrier', it is expected that the project requirements would most likely change. As a general business practice, these contracts include back -Lip documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) tirnekeeping or payroll records), material or equipmenflnvoices,.and other reimbursable d-ocumentation for the Droject. Agreement # 16-6622 "Rig Corkscrew Island Regional Park'' 0. Grady Minor and Associates, P.A. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Micro5tation or AutoCAD files, specifications, maps, evaluations,. reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OW14ER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring WINNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTAfr!T'S 'termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNERI. ARTICLE SEVEN MAINTENANCE OF RECORDS T.1. CONSULTANT wilt keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this 12 Agreement # 16-6622 "Big Corkscrew Island regional Park" Q, Grady Minor and Associates, P.A. Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. O'vVNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hour;. ARTICLE EIGHT INDEMNIFICATION 8.1 To the maximum extent permitted by Florida taw, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limiter! to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2, All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the fo;lowinrg provisions and conditions by endorsement to the policies: 13 Agreement 4 �6-6622 "Big Corkscrew Island Regional park" Q. Grady Minor and Associates, P.A. 9.3.1. All insurance policies* other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies small have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OMER applicable to this Project. 9.3.4. The Certificates of Insurance must react: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3,5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. - 33.2. The insurance company must have a current A. M. Besf-financ��f rating of "Class - VI" or higher. 14 Agreement # 16-6622 "Big Corkscrew Island Regional Park" 0. Grady Mino• and Associates, F.A. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10A . The services to be performed hereunder shall be performed by CONSULTANT'S own Staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, by construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyorld such as may then otherwise exist without regard to this Agreement. -I0.7. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced withoA OWNER'S prior written consent, 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of t; he Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by Lhe terms of this Agreement, and to assume toward the CONSULTANT ail the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. 15 Agreement 9 16-6622 "Gig Corkscrew Island Regional Park 0. Grady Minor and Associates, P.R. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsuitarlts or sub-subGontractors. 10.4. CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be Construed to create any contractual relationship between OWNER and any subconsultant or subcontractor, Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all oiaims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment ny OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth ill this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the 16 Agreement 1? 96-6522 "Big Co&screw Island Regional Park" Q. Grady Minor and Associates, P.A. benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers of directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written i iotice of the material default. 121.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided far in paragraph 12.1 them the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTAVT's remedies against OVVNER shall be the 6arne as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3, OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written Notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the state of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitied to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and -as -directed by Owner, the 0OHStILTAHT- shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth 17 Agreement �f 16-6622 "gig Corkscrew Island Regional Park" 0. Grady Minor and Associates, P.A. and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (w) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.5. In the event (i) OWNER rails to make any undisputed payment to CONSULTANT within today -five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or lji) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (H) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this .Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop pe iormance under the Agreement. If the Services are so stopped for a period of Fine hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement, if OWNER does not cure- its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional clays' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for-Scr-t,iees--pe; lcrmed through the terminatiori date, but its no- e-vent small CONSULTANT be entitled to payment for Services riot performed or any other damages from Owner. is Agreement * 16-',622 "big Corkscrew island Regional Park" Q. Grady Minor and Associates, P.A. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit Or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate, attached hereto and incorporated herein rzs Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit cost& All such adjustments shall be made within one (1) year foilowing the end of 'this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSUL T ANT further represents that no persons having any such interest shall be employed to perform Those services. 19 Agreement # 16-5622 "Big Corkscrew Island Regional Park" Q. Grady Minor and Associates, P.A. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and sball be delivered by hand, by fay, or by United States Postal Service Department, first class mail senrice, postage prepaid, addressed to the following OWNER'S address of record. Board of County Commissioners Collier County Florida Facilities Management Division 3335 Tamiami Trail E #101, Naples, FL 34112 Telephone: 239-252-5857 Fax: 239-252-6666 Attention: Margaret Bishop Email: MargaretBishop@colliergov.net '162 All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Q. Grady Minor and Associates, P.A 3800 Via Del Rey, Bonita Springs, FL 34134 Phone: 239-947-11 144 Fax: 239-947-4375 Attention: Mark Minor Email: mrninor@gradyminor.corn ----16.3. Either party may_cha❑ae.its-address of record by written notice to the other party given in ___-- accordance with requirements of this Article. 20 Agraernant # 16-6622 "Big Corkscrew }stand Regional Park" Q. Grady Minor and Associates, P.A. ARTICLE SEVENTEEN MISCELLANEOUS '17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER, a duty of the highest trust, confidence, and fair dealing. 172 No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is riot assignable, or otherwise transferable in whofe or irk part, by CONSULTANT without the prior written consent of OWNER. 17.4, Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Pais and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced uchedUles and Attachments hereto, constitutes the entire agreement between the par ties hereto and shall supersede, replace and nullify any and all prior agreements or understandings. written or rural, relating to the matter set fortis herein, and any such prior agreements or understanding shall have no force or effect whatever on this ,^,greement. 17.7, Unless otherwise expressly noted herein, all representations and covenants of the }parties shall SUrvive the expiration or termination of this Agreement. 71 ,Agreement # 16-6622 "Big Corkscrew island Regional Park" Q. Grady Knor and Associates, P.A. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the besi interests of OWNER and assume towards OWNER, a duty of the highest trList, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding sha{I have no force or effect whatever on this Agreement, '17.7. Unless otherwise expressly noted herein al! representations and covenants of the parties shall survive the expiration or termination of this Agreement. 11 4gs-eement # 16-6622 "Big Corkscrew Island Regional ?ark" Q. Grady Minor and Associates. P.A. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein; Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP 9 16-6622 "Big Corkscrew island Regional Park" Terms and Conditions Consultant's Proposal ARTICLE EIGHTEEN APPLICABLE LAW 1 S. `I . This Agreement shall be governed by the laws, I -ties, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party fo this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENTIPUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or 2, y� Agreernent # 16-6622 "Big Corkscrew Island Regional Park" Q. Grady Minor and Ass ociates, P.A. secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any tee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth -in -Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133{2}(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or Services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 fc.r CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 24.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision -making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties 23 Agreement # 16-6622 "Big Corkscrew Island Regional Park" Q. Grady Minor and Associates, P.A. arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision -making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or slate courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTiCLE 21 IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Art of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT io 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. (Signature page to follow) 24 Agreement # 1$-6622 "Big Corkscrew island Regional Parts" Q. Grady Minor and Associates, P.A. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for design, permitting and project oversight services for the Big Corkscrew Island Regional Park (BCIRP) the day and year first written above, ATTEST: ❑wig E. Brock, CI y: Date:r� { Agest�u to Ckirman's Legality: Attorney e AJ. Name Witness �a-..�.1� S�-�tM►7 [�5�1 Name and Title Witness Name and Title BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, gy: , , - " /, or_-, Penny T r, Chairm Q. Grady Minor and Associates, P.A. Name and Title zs ` Agreement # 76-6622 "Blg Corkscrew Island Regional Park' L7 Q. Grady M1nor and Associates, P.A. SCHEDULE A SCOPE OF SERVICES Background Big Corkscrew Island Regional Para; is located north of Oil Well Road, east of Imrnokalee Road, and runs South East of the Fairgrounds. The park was originally designed in 2005 but, clue to budget restraints, the project was postponed. Several public meetings were held to grin input from interested citizens. The meetings determined that the needs and desires of the public have changed, so the park elements were reevaluated and ranked based on public input. The conceptual master plan has been developed and was approved by the Boars! of County Commissioners on February 23, 2016. The project area totals approximately 156 acres, which is separated into two sections by a canal. There is a North West section at approximately 49 acres and a South East section at approximately 107 acres. The Big Corkscrew Island Lake is planned for partial fill and restructure to provide additional park land for }park components and the storm water management system. The Collier County Water -Sewer District managed by the Public Utilities Department owns the property directly east and north of the proposed park site. This property is planned to have water and wastewater supply and treatment facilities in the future. The planning and layout of the BCIRP will need to anticipate future infrastructure that will need to be constructed within the boundary of the park. Connections to the existing Recycling Facility and Orange Blossom Ranch development will be indladen in the planninglintegration of these access paints from both the west and southeast points for infrastructure {waterlsewerlroadslpathways/etc.}. Elements of SCiRP Phased Design and Construction The master plan includes the tap -ranked elements based on public input and will be phased for the design and construction as funding becomes available. Phase I will include the parcel north of the canal and Phase II will be the parcel south of the canal. The Consultant will provide design, permitting and project post design services with final construction bid plans and specifications for Phase I of BURP. Elements cf Phase I Phase I, north of the Canal, includes: 1. Pathways and Trails 2. Playground 3. Pavilion/Shelters 4. Amphitheater/Outdoor Movie Watching Lawn, etc. 5. Multi -Purpose Fields (e.g.; Soccer, Football, LaCrosse) 6. Dog Park 7. Aquatic Facility 8, Splash Park 9. Amenities (Bike Racks, Concessions, Lockers, etc.) 10.-Community Center �- 11, Outdoor Sporting Courts (TennislPickleball, Basketball) A-1 Agraerment # 16-6522 "Big Corkscrew Island Regional Park" Q. Grady Minor and Associates, P.A. Elements of Phase 11 (The final construction plans task for this phase is not being awarded under this Agreement and will be competitively solicited separately. The work under these tasks includes initial design, water management, and permitting in order for spatial allocation. of park elements and ease of future permitting.) Phase ii, south of the Canal, includes: I. Pathways and Trails (Continued) 2. Multi -Purpose Indoor Sporting Facility 3. Baseball/Softball Complex 4. Outdoor Event Area 5. Lake Configuration (may include fountains) TASK I — CONCEPT PLAN AND COORDINATION (PRELIMINARY DESIGN) The work under this item generally includes the project initiation meetings, establishing communications protocol, preliminary design administrative functions, data collection and coordination of project documents, preliminary public input, development of the preliminary plans including new conceptual site plan, approximate building dimensions, identification of site features, traffic and pedestrian flows, water quality treatment methods, preliminary phasing and rough costs and schedules. Preliminary design will include the following tasks: Predesigm Meeting with client Program Verification Conceptual Design (2 plans). This would not include any Phase 2 design. b Public Meetings n Surveys Geotechnicai Testing ■ Construction Cost Estimate for Concept Plan TASK 2 — SCHEMATIC DESIGN — 30% SUBMITTAL The work under this task the Consultant, including the appropriate subconsultants, includes the beginning of regular progress design review meetings. Project material and data produced and collecter-1 in Item 1 will be formally distributed along with the project schedule and preliminary site plan. All disciplines will be represented during the initial review meeting and sub -tasks will be issued and discussed with each discipline representative. The preliminary building plans will be advanced to a 30% completeness level including production of conceptual building elevations, floor plans, sections, approximate areas and basic service elements (i.e. building systems consisting of HVAC, plumbing, electrical, fire protectiaii, life safety and general space requirements). Likewise the site plan will advance including layout of site features (athletic venues, open space, playgrounds, pools, etc,), parking and driveways, sidewalks, paths, main road, drainage, utilities, fencing, signage, service connections to building, site lighting, site fire protection, cross -sections and landscape_ Consideration will be given to alternative system, materials and maintenance requiremelits. 6,fu1!-review-cf the plans and document against Collier County Government Buildings Design and Construction Requirements manual to ensure compliance will occur at all completeness lev+zls. Initial development of project specifications, refinement of the project schedule and updating the construction cost estimate will occur. A-2 Agreement # 1 fi-6622 "Big Corkscrew Island Regional Park" Q. Grady Wnor and Ass aciates, P-A, Pre application meetings will be conducted with permitting agency utilizing 30% documents. Schematic Design will include the following tasks and deliverables • Attend one (1) Predesign Meeting with client • Program Verification • Vertical Standards Review Schematic Design Concept based on approved concept plan y One (1) Site Engineers Report • Topographic Survey review Environmental Assessment Permitting Requirements Preliminary Code Review • PACIFBC occupant load calculations Plumbing Code review, fixture calculations Q Preliminary CPTED Review One (1) Design Meeting with County staff Preliminary Design & Budget Value Engineering Alternatives Schematic Design Presentations, 30% Si6mittal • One (1) Design Concept Plan • Preliminary Budget ■ Color Renderings (3) • Two (2) Presentations to County Staff & Stakeholders • Revisions as needed E. One (1) Presentation to Board of County Commissioners TASK 3— DESIGN DEVELOPMENT- 60% SUBMITTAL Design Development generally includes advancing the project to a 60% design completeness level. The site plan set will include the final site plans, grading designs, grading, paving and drainage designs and details, detailed plan views of the athletic and recreational site features, utility capacity analysis, routing and sizing, coordination of civil elements with architectural and MEP requirements, detailed plan view landscape plans, irrigation water source and irrigation plans, site fire protectiion, site lighting, coordination with FPL, Comcast, TECO gas and Century Link. The building plans will include detailed floor plans, establishing relationships, forms, size and appearance of the buildings throughout the park, detailed elevations along wish color renderings, material selections and equipment layout. The basis structural systems will be established including foundation design criteria, sizing of major structural components and clearances. The MEP will Finalize raceways, required space, major components, equipment layouts, energy conservation considerations, vibration and acoustical control and visual impacts. The plans will include electrical layout along with fixture selections, panel sizing and circuitry. Design Development will include the following tasks; Ceotechnical Report Architectural Plans 7 AquaticCen�le s • Civil Engineering a Landscape Design Irrigation Plan • Lighting Plan A-3 Agreernenl # 16-6622 "Big Corkscrew Island Regional 'ark' Q. Grady Minor grid Associates, P.A. ■ Value Engineering Review Facilities Management and & Parks & Rec Review, 60% Subrnittal Presentation to County (1 ) Plans, Elevations ■ Construction Cost Estimate TASK 4 - CONSTRUCTION DOCUMENTS- 90% SUBMITTALS Construction documents generally include detailing the plans and completing project permitting. The construction documents will consist of all drawings, specifications and other documents describing requirements for construction of project in preparation for bidding. The drawings will be coordinated with all disciplines, QA/QC performed allowing issuance of the final documents. The final Opinion of Probably Construction costs will be completed. The following tasks are included in this item: Civil Engineering Aquatic Center Plans Landscape Design Irrigation flan Lighting Plan Building Construction Documents 4 architectural Design Building Code and Fire Code compliance data - 'Occupant Load & Egress Calculations ADA Compliance details Floor Plans Elevations (4) Building Section Wall Sections & Details Roof & Gutter Details Door Schedule & Details Louver Schedule & Details Finish Schedule & Details Accessory Schedule & Details Locker Elevations & Details Toilet Partition Elevation & Details - Vanity Counter Details Interior Elevations 'Structural Engineering - Foundation Plan and Schedule - Roof Framing Plan and Anchor Schedule FBC Ch. 16; Wind Load Calculations Sections, Details Plumbing Engineering Domestic Water Plan and Details - Sanitary Water Plan and Riser Diagrams - Hot Water and Recirculating Pump Design Fixture Schedule, Notes, Details • Ventilation Engineering - Exhaust Fan System and Details Electrical Engineering - Load Calculations ,a -a Agreement # 16-6622 "Big Corkscrew Island Regional Park" Q. Grady Minor and Associates, PA. - Pool Area Lighting -- Exterior Building Lighting Interior Building Lighting Electrical Plans, Power and Data Electrical Riser Diagrams Panel Schedules o Restroom Building Power ❑ Pool Area Lighting ❑ Pool Equipment Panel Technical Specifications; Arcom/AIA MasterSpec, CSI Format Facilities Management Review, 90% Submittal Presentation to County, 90% Submittal - Plans, Specifications Construction Cost Estimate TASK 5 — PERMITTING Following is the list of processes, documents and permits required for this project. Note that the ERP and COE permitting would include only Phase I- Water Management permitting will ultimately include ancillary items to Phase i to facilitate permitting of the surface water management system to include a lake, pretreatment and other facilities on the County's contiguous property. The SDP would be for Prase I only with Phase 2 as future and not part of the permitting. The Foilowing tasks are included under this item: s SDPA Pre -Application Meeting b SDPA Documents and Exhibits -- Topographic Survey - Grading, Drainage, and Utilities - Traffic Impact Statement. a Architectural Design 8 SDPA Floor Plan & Exterior Elevations Color Sample Submittal for County review Alternative/Deviation Application SFWMD Permit, ERP Water Management Documents ® SFVI MD Water Use Permit a CCE Permit USF'WS Permit Collier County Building Permit Prepare and submit Health Department permit applications for pools e Prepare building permit applications and attachments 9 Prepare and submit Building Permit application and related documents Responses to Code Officials TASK Tr — BIDDING - 1E10% SUBMITTALS The work under this item generally consists of assisting client in obtaining bids and in awarding and preparing contracts for this project hid and not involve a Construction Manager at Risk. That process involves ektensiva meetings and possible changes that are not included in this scope. A-5 Agreement # 16-6622 "Big Corkscrew island Regional Park" Q. Grady Minor and Associates, P.A. More specifically the services will include organizing bidding documents, preparation of Addenda as may be required during bidding, attending the pre -bid conference, respond to questions, attend bid opening, review and evaluate bids and make recommendation on award of contract. The following tasks are included under this item: ■ Plans Specifications Construction Cost Estimate e Bidding Meetings Responses to bidders questions once each week Review bids TASK 7 - ANCILLARY TASKS The work under this item generally includes final coordination of utility providers service construction drawings, conduit plans and easement needs. In association the final communications requirements will be completed including security. The following tasks are included under this item,. • Signage • FPL Coordination Generator Technology Design and Layout Gates, Security and Fencing TASK 8 - POST DESIGN SERVICES This item is for services during construction as Architect and Engineer of Record. CIE! is t❑ ba provided by others. The following tasks are included under this item: m Pre -construction Meeting (1) Progress Meetings ❑nsite, twice each month (2 x 18) a Observe General Construction Progress, Field Reports, weekly, (4 x18) O! serve Specific Fool Construction Progress, ADE Field Reports (6) p Reinforcing steel Equipment/Piping Progress Piping & Pressure Test Tiles in Place 4 Pre -Plaster • Substantial Completion • Review Contractors Schedule and Shop ❑rawings e Review Contractors Monthly Payment Applications (18) a Review Contractors Change Order- requests, as needed Respond to Contractor's Requests for Information ® Punchlist & Substantial Completion meeting onsite (1) Certifications required for permit closeout Review Closeout Documents and Warranties Review Contractors As -Built Records Update AutoCAD Record Docurnent As-Buift files ® Final Acceptance Meeting Onsite (1) A-6 Agreement 4 16-6622 "Big Corkscrew Island Regional Park" Q. Grady 10hor and Associates, P.A. ■ 17- month Warranty Review Onsite, Report TASK 9 - ALLOWANCES Additional Services requested and approved by County on TIM Basis: a Plan Revisions made after approval of Preliminary Plan Submittal Plan Revisions made after approval of 30% Submittal Plan or Detail Revisions made after approvoi of 60% Submittal Additional Meetings with Stakeholders Additional Design Studies or Renderings Park Utility Changes Public Interest Changes Landscape Changes Increased Scope of Work, ie Ticket Kiosk, Building Changes, etc 'TASK 10 - PROJECT ADMINISTRATION This task includes coordination of various team members activities. LIBCONSULTANTS Barth & Associates Park Planning Gainesville, Florida Aquatic Design Engineering, Inc. Swimming Pool Engineer Orlando, Florida Victor Latavish, Architect, AIA Architect Naples, Florida JRL Associates, Inc. Landscape Architect Naples, Florida Collier Environmental Consultants Environmental Naples, Florida 0 Forge Engineering Gectechnical Naples, Florida Leathers & Associates Playground Design Jupiter, Florida -- a Hollis Engineering Consultants, Inc. Lighting Fart Myers, Florida A-7 Agreement * 16-662-1 "Big Corkscrew Island Regional Park" Q. Grady Minor and Associates, P.Fl. TASK 11 — REIMBURSABLE EXPENSES The reimbursables sha#1 he billed at actual cost with no mark -lip and in accordance with Schedule B of fhe Agreement. Copies, plotting media, prints, Postage, Shipping, Courier; and Travel Expenses limited to Aquatic Design Engineering Subconsultanis END OFSCHEDULE A n-a Agreement # 16-6622 "Big Corkscrew Island Regional Pat" Q. Grady Minor and Associates, P.A. SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS 8.1.1. As a condition precedent to payment, CONSULTANT shall submit to OWNER as part or its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER, agrees to mare the Lump Sum ano Time and Material payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to OWNER'S reasonable Satisfaction. 'ask Task Description Lump Sum Time and Payment Schedule Materials Not To Exceed 1. Comvept Plan and $24.4,478.00 Monthly Upon Percent Coordination Complete of Task 2. 30% Schematic Design $554,971.00 Monthly Upon Percent Complete of Task 3. 60% Design Development $668,017.00 Monthly Upon Percent Complete of Task 4. 90% Construction $641,973.04 Monthly Upon Percent Documents Complete of Task 5. Permitting R381,526.00 Monthly Upon Percent Complete of Task 6. 100% Construction Bidding $182,088.00 Monthly Upon Percent Complete of Task 7. Ancillary Tasks $128,195.t10 Monthly Upon Percent Complete of Task 8. Post Design Sewices $220,94400 9 Allowances $485,000,00 10. Project Administration $94,870.00 11. Reimbursable $28,000.00 TOTAL FEE (Total Tasks $2,801,248.00 $828,814.00 1-11} l-1 Agreement,g 16-6622 "Big Corkscrew Island Regional Park" Q. Grady minor and Associates, P.A. B.2.2. The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, vvith respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the tirrte of billing, to be reviewed and approved by OWNER. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shail be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section B.3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to {perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE ❑1= PAYMENTS B.3J. CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the {performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1. `i Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (5) monrhsafl:er completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "!aches" as untimely submitted. Time shall he deemed of the essence with respect to the timely submission of invoices under this agreement. B-7 Agreement # 16-6622 "Big Corkscrew island Regional Park" Q. Grady Minor and Associates, F.A. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly, B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsuitant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents, described in this Agreement and postage and handling or Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4,1.3, Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.4.1.5. Expense of models for the County's use. 8.3.4-1.6. Other items on request and approved in writing by the OWNER. s-s Agreement # 15-6622 "Sig Corkscrew Island Regional Faris" Q. Grady I hOF and ASSOCIateS, P.A. Attachment 1 SCHEDULE B CONSULTANT'S} HOURLY RATE SCHEDULE Title Standard Hourly Rate Principal $ 175.00 Senior Project Manager $ 155.00 Project Manager $ 145.00 Senior Engineer $ 135.00 Landscape Architect $ 135.00 Engineer $ 115.00 Senior Inspector $ 85.00 Inspector $ 70.00 Senior Planner $ 125.00 Planning Technician $ 95.00 Senior Designer $ 115.00 Designer $ 95.00 Environmental Specialist $ 115.00 Survey Technician $ 95.00 Senior GIS Specialist $ 125.00 GIS Specialist $ 100.00 Project Administrator $ 70.00 Clerical $ 60.00 Senior Survey Technician `l; 105,00 SuRle or and Mapper $ 130.00 CADD Technician $ 85.00 Survey Crew - 2 man $ 130.00 Survey Crew - 3 rn2n $ 155.00 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added upon mutual agreement in advance and in writing by the Project Manager and the Consultant. Subconsultant fees are included in the Schedule B, Section B.2.1. Invoices for subconsuiltant services which have been provided on a Time and Materials Basis shall include a reference to the appropriate task at the time the invoice is submitted, along with the appropriate associated END DE SCHEDULE B G-4 Agreement 4 15-5522 "Big Corkscrew island Regional Park" Q. Grady Minor and Associates, P.A. SCHEDULE C PROJECT MILESTONE SCHEDULE Task Description Cumulative Number of Calendar Days For Completion from date of Notice to Proceed for Services under this Agreement 1 Survey 60 Days ? Preliminary Design 50 Days 3 Environmental Survey fig Days 4 30% Design 66 Days 5 60% Design 90 Days 5 SFWM❑ Permitting 180 Days I 7 COE Permitting 520 Days 3 SDP Permitting 195 Days 9 90% Design 95 Days 10 100% Design 60 Days 11 Bidding 73 Days 12 Construction 424 Days C-1 Agreement # 16-6622 "Big Corkscrew Island Regional Park" Q. Grady Minor and Associates, P.A. SCHEDULE D INSURANCE COVERAGE (1 ) The amounts and types of insurance coverage shall conform to the fallowing ininimum requirements with the use of Insurance Services Office (ISO) forma and endorsements or their equivalents. If CONSULTANT has any self -insured retentions or deductibles under any of the below fisted minimum required coverages, CONSULTANT 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 CONSULTANTS sole responsibility. (2) The insurance required by this Agreement shall be written fcr not less than the limits spac�fied herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer, (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required small be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the pciicies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER —.CONSULTANT shall also notify-OWNER—Jn a like manner, within twenty --four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein D-1 =lgreement # ?6-6632 "Big Corkscrew Island Regional Park." Q. Grady Minor and Associates, P:A shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project, (6) The acceptance by OWCJER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressiy waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate: the Agreement or at its cols: discretion shad be authorized to }purchase such coverages and charge the CONSULTANT ;or such coverages purchased. € CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER 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 DINNER to purchase such insurance coverages shall in no way be cohstrrtTd-to be a waiver of any of -its rights under the Agreement. a-2 Agrement # 15-6622 "Big Corkscrew island Regional Park" G. Grady IVilnor and Associates. F.A. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure Df the Contractor to provide the OWNER with such renewal certificate;sj shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X Yes No (1 ) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida, The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employe+s' Liability (check, one, if applicable) X $100,000 Each Accident 4 $500,000 Disease Aggregate 100,000 Disease Each Employee $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. D-3 Agreement # 16-6622 "Big Corkscrew island Regional Par%" Q. Grady [Minor and Associates, P.A. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable K I'dot Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of rot less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following, Single Limit per Occurrence $300,O00 Products/Corpleted Operations Aggregate $300,000 Aggregate $300,000 Single Limit per Occurrence $500,000 Products/Completed Operations Aggregate $500,000 Aggregate $500,000 X Single Limit per Occurrence $1,000,000 Products/Completed Operations Aggregate $2,000,000 Aggregate $2,000,000 ❑-4 Agreement # 15-6522 "Big Corkscrew Island Regional Park" ❑, Grady Minor and Associates, P.A. (?) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided Linder the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or recited to you." Applicable deductibles or self -insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self -insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Planagement Director or his/her designee. (3) The OWNER, Collier County Board of County Commissioners, Board of County Commissioners in Collier County, or Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable Y Not Applicable (5) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if appficable to the completion of the Services under this Agreement. Applicable ): Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? Yes K No D-s Agreement 4 15-6622 "Big Corkscrew Island Regional Park" Q. Grady Minor and Associates, P.A.. (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,00C) UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULT ANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain} wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes NO (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the pri+lormance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: K $1,000,000 each claim and in the aggregate a-6 Agreement # 16-6622 "Big corkscrew island Regional Park" Q. Grady Minor and Associates, P.A.. (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the tern of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours afte-r receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a tvienty percent (20%) reduction in the aggregate iirnit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) if OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and D-7 Agre?men! # 16-6622 "Big Corkscrew Island Regional Pare" 0_ Grady Minor and Associates, P.A. OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional !iabi!ity policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fL,!ly accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project -specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self -insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTI,NT agrees to provide the following information} when requested by CIVVl4IER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit it the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OI/VI•!ER will provide professional liability insurance. naming CONSULTANT and its professional subconsuitants as named insureds. ❑-a Agreement## 46-6622 "Big Corkscrew Island Regional Park" C. Grady Minor and Assoc aces, R.A. - SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Q. Grady Minor and Associates, P.A., hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Big Corkscrew Island Regional Park (BCIRP) are accurate, complete and current as of the time of contracting. Q. Grady Minor a ssociates, P.A. BY: 1 ~1>e.1 JM TiTLE: S4% V• T. DATE: _ Z1i. I r 7 .� E•1 Agreement # 16-6622 "Big Corkscrew Island Regional Park" C. Grady Minor and Associates, P.A. SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS NAME I%JIARK MINOR MICHAEL D E LATE DANIEL FLYNN RICHAR❑ IBACH KATHY MACE KEVIN MILLER DON SAINTENOY RALPH MOWLS KIM SCHER DAN NOVAKOVICH MARIANO ACOSTA L.A. CAD TECH P1=R5ONNEL CATEGORY PRINCIPAL PROJECT MANAGER SENIOR cNG4NEER ENGINEERSR. CADD TECH DESIGN CAD SURVEYOR FIELD SURVEYOR ADMINISTRATIVE LANDSCAPE ARCHITECT SUECONSULTANTS BARTH AND ASSOCIATES AQUATIC DESIGN ENGINEERING, INC. VICTOR LATAVISH ARCHITECT, AI.A JRL ASSOCIATES, INC. COLLIER ENVIRONMENTAL, INC. FORGE ENGINEERING, INC. LEATHERS AND ASSOCIATES HOLLIS ENGINEERING CONSULTANTS, INC. DAN MORGAN, AGRONOMIST % OF TIME 1.4 8.8 7.9 7.5 25.2 24.6 1A t4 4.7 6.6 19.8 F-1 Agreement # 16-6622 "Big Corkscrew island Recional Park" Q. Grady Minor and Associates, P.A. OnRAnYM411 D2P()RRFr,0N CERTIFICATE OF LIABILITY INSURANCE DATE 07 r4rza17 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such en dorseme nt{s). PRODUCER License # L077730 CON ACT Dawson of Florida, Naples SEOS Willow Park Drive #201 Naples, FL 34109 PHONE s Ax (AIC, No, Extl: {$OOy 226-6117 Arc. No : 239 261-2$03 UNLESS, INSURERS AFFORDING COVERAGE NAIL A INSURER A. National Trust Insurance Corn pan y 20141 INSURED INSURER El: FOCI Insurance COm pan V 10178 INSURER C: Maxum Indemnity Cam pan 26743 Q Grady Minor & Associates PA INSURER D : 3800 Via Del Rey Bonita Springs, FL 34134 INSURER E INSURER F C()VFRAGFS CERTIFICATF MLIMRFR! REVISION NLIMRFR- 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 SU9JECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICYNUMBER POLICY EFF POLICY EXP LIMM A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR X GL0005673 04/05/2016 04105/2017 EACH OCCURRENCE $ 1,000,000 DAhhAGE TSESO RENTED s 100,000 X ME❑ EXP (Any oneperson) 9 5,0Q0 Contractual X Liabillity PERSONAL & ADV INJURY S 1'OOi1'600 GEN'L AGGRE ATE LIMIT APPLIES PER: POLICY JE LOC NERAL AG REGAFE S 2,000.000 PRi]Q T - PLOP AGG $ 2,000,000 S OTHER: A AUTOMOBILE tJAHILITY COMBINED SINGLE LIMIT aWdenll $ 1 00o,000 X BODILY INJURY Per rscn S ANY AUTO X CA0008906 04/05/2016 04/05/2017 ❑VANED SCHEDULED AUTOS ONLY AUTOS 800�01LY INJURY Peraaident S x PP9�.P.ER I)IAMAGE S AUTOS ONLY X N8TNa ONLOY S 8 x UMBRELLA LJAB X OCCUR EACH OCCURRENCE S 5,OD0,000 AGGREGATE S 51000,000 EXCESS LIAS CLAIMS -MADE UMB0005343 04105/2016 0410512017 DED I II I RETENTIONS 10,000 S B WORKERS COMPENSATION ANo EMPLOYER T INABILITY YIN ANY PROPRIETORiPARTNERIEXECUTiVE OFFICERIMEMBER EXCLUDED? N (Mandatory In NH) Ues, describe under SCR IPTION OF OPERATIONS below NIA Doi WC16AS7813 04/05/2016 04105/2017 x PER x OTH- E.L. EACH ACCIDENT 500,000 $ .L. DISEASE -EA EMPLOYEE S 500,000 E.L. DISEASE -POLICY LIMIT 500,000 S C Professional Liab PFP602415603 04/05/2016 04/05/2017 Per Claim 2,000,000 C Professional Liab PFP602415603 04/05/2016 041MS12017 Aggregate 2,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES (ACORD 10i, Additional Remarks Schedule, maybe attached if more space is required) Collier County Board of County Commissioners„ Is included as an additional insured under the General Liability and Automobile Liability policies on primary and non-contributory has is if and to the extent required bt written contract. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier Count Board Of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Tri E Naples, FL 34112 AUTHORIZED REPRESENTATIVE .10 ACORD 25 (2016103) 9)1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. cols c014-ntLy Administrative Services Department Prom(emenl Services Olmsion COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation 16-6622 Big Corkscrew Island Regional Park Matthew Canoe, Procurement Strategist (239) 252-8929 (Telephone) (239) 252-6421 (Fax) matthewcatoe@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. PRoaaerrdt Setres DA%w • 3a27 Taa¢ Trari Ead • Naples. Florida 34112-4901-23&2524ADT- w.00lFeryov.netlpoarenrenlseryirsc CCNA (Revision 01202016) Table of Contents LEGALNOTICE........................................................................................................................................................3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT................................................................4 EXHIBIT II: GENERAL RFP INSTRUCTIONS.............................................................................................................11 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS........................................................ 15 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP............................................................................... 19 ATTACHMENT 1: CONSULTANT'S NON -RESPONSE STATEMENT...........................................................................27 ATTACHMENT 2: CONSULTANT CHECK LIST..........................................................................................................28 ATTACHMENT 3: ORGANIZATIONAL CONFLICT DISCLOSURE AFFIDAVIT..,..............................................................29 ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT................................................................................30 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION................................................................................32 ATTACHMENT 6: CONSULTANT SUBSTITUTE W — 9.............................................................................................. 33 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS............................................................................34 ATTACHMENT 8: REFERENCE QUESTIONNAIRE....................................................................................................36 16-6622 Big Corkscrew Island Regional Park RFP CCNA Template_012D2016 2 CAler CAMHty Admrstrative services depatmnt Procurement Services 0!vision Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide 16-6622 Big Corkscrew Island Regional Park will be received until 3:OOPM, Naples local time, on June 7, 2016 at the Coilier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation 16-6622 Big Corkscrew Island Regional Park Services to be provided may include, but not be limited to the following. Provide engineering services as required for design, permitting and project oversight services for the new Big Corkscrew Island Regional Park (BCiRP). ® A pre -proposal conference is not applicable for this solicitation. All statements should be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department Online Bidding System website: www. col l iergov. netlbid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /S/ Joanne Markiewicz Director, Procurement Services Division This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.netlpurchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on May 6, 2076. 16-6622 Big Corkscrew Island Regional Park RFP CCNA Tempiate_01202016 3 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Parks and Recreation Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy - Brief Description of Purchase The Collier County Parks and Recreation Division is seeking qualified firms capable of providing engineering services as required for design, permitting and project oversight services for the new Big Corkscrew island Regional Park (BCtRP). The proposal must Identify architectural. environmental, civil, electrical, plumbing, structural and landscape architecture for the complete design and required permits. The selected firm will function as part of the project team in cooperation with the Owner to achieve a quality, cost effective product. Background Big Corkscrew Island Regional Park is located north of Oil Well Road, east of Immokalee Road, and runs South East of the Fairgrounds. The park was originally designed in 2006 but, due to budget restraints, the project was postponed. Several public meetings were held to gain input from interested citizens. The meetings determined that the needs and desires of the public have changed, so the park elements were reevaluated and ranked based on public input. The conceptual master plan has been developed and was approved by the Board of County Commissioners on February 23rd, 2016. The project area totals approximately 156 acres, which is separated into two sections by a canal. There is a North West section at approximately 49 acres and a South East section at approximately 107 acres. The Big Corkscrew Island Lake is planned for partial fill and restructure to provide additional park land for park components and the storm water management system. The Collier County Water -Sewer District managed by the Public Utilities department owns the property directly east and north of the proposed park site. This property is planned to have water and wastewater supply and treatment facilities in the future. The planning and layout of the BC1RP will need to anticipate future infrastructure that will need to be constructed within the boundary of the park. Connections to the existing Recycling Facility and Orange Blossom Ranch development will be included in the planning/integration of these access points from both the west and southeast points for infrastructure (waterlsewerlroadslpathways/etc.). 16-6622 Sig Corkscrew lsiand Regional Park RFP CCNA Templale_01202016 4 Organizational Conflict Review Prior to the issuance of this request for proposal, the County entered into short term work orders with Agnoli, Barber, & Brundage and Stantec to provide the following services: collect data, conduct public workshops and meetings, develop preliminary conceptual design, present findings and provide preliminary budgets. The County's Procurement Services Division Director reviewed a number of federal agency and grant related authorities regarding organizational and consultant conflicts of interest. In most cases, but more specifically, in the case of the Federal Acquisition Regulations 9.054 and 9.505, it is the contracting officer's responsibility to "avoid, neutralize or mitigate significant conflicts before the contract award," with the underlying principle of preventing an unfair competitive advantage [in this case to Agnoli. Barber & Brundage and Stantec]. The Procurement Director has reviewed associated documents and meeting minutes prepared by both consultants and has taken the following action to mitigate and neutralize any conflicts, or perceived conflicts, by implementing the following action items: • The Procurement Strategist has Identified in this document [request for proposal} that both Stantec and Agnoli, Barber & Brundage had County short term and specific work orders related to the Northeast Service Area 1 Big Corkscrew Regional Park; ■ The Procurement Director has modified the original Selection Committee membership; and, All documents provided and created by both firms will be made available to any prospective consultants during the solicitation process at the following web address: Uttps://drive.ctoQQie.com/open?id=OB 1pVAYu vlFMkhHaFFVQnZEZFE. Elements of BCIRP Phased Design and Construction The master plan includes the top -ranked elements based on public input and will be phased for the design and construction as funding becomes available. Phase I will include the parcel north of the canal and Phase II will be the parcel south of the canal. The Consultant witl provide design, permitting and project post design services with final construction bid plans and specifications for Phase I of BCIRP. Elements of Phase I Phase I, north of the Canal, includes-- 1 . Pathways and Trails 2. Playground 3, Pavilion/Shelters 4, Amphitheater/Outdoor Movie Watching Lawn, etc. 5. Multi -Purpose Fields (e.g.; Soccer, Football, La Crosse) 5. Dog Park 7, Aquatic Facility 8, Splash Park 9. Amenities (Bike Racks, Concessions, Lockers, etc.) 10. Community Center i 1. Outdoor Sporting Courts (Tennis/Pickleball, Basketball) 16-6622 Big Corkscrew island Regional Park RFP Cr_ NA TempIate_D1202016 Elements of Phase ii Phase II, south of the Canal, includes: 3. Pathways and Trails (Continued) 2. Multi -Purpose Indoor Sporting Facility 3. Basehal;/Softball Complex 4, Outdoor Event Area 5. Lake Configuration (may include fountains) Detailed Scope of Work The Consultant will design Phase I based on the layout of the conceptual master plan. The project will require all necessary Federal, State and Local permits. Submittals wilt include 30%, 60% and 90% design drawings with an updated cost estimate at each submittal. Final approval will be obtained from the County at the 30/60/90% design phase before moving to the next level. Final construction bid plans and specifications For the components of Phase I will be delivered in a timely manner. Deliverables may include, but are not limited to: ■ Geotechnical Report • Topography Survey • Environmental Assessment • Design Alternatives with budgetary estimates • 30%, 60%, and 90% plan reviews with estimates • Public Information Meeting Results • All permits • Construction Bid Plans & Specifications • Identification of future utility corridors Permitting Apply and obtain all necessary State, Local ano Federal permits by submitting construction plans, water quality calculations with supporting environmental reports, and any other materials required by the permitting agencies. Permits may include, but are not limited to: • SFWMD Environmental Resource Permit • USACCE ERP • FDEP Wastewater ■ FDEP Water Distribution System • CC SDP • Utilities -- Water, Sewer, Electric permits • CC Building Permits • FEMA requirements • FWS • FWCC 16-6622 gig Corkscrew Island Regional Park RFP CCNA Template 01202016 6 Building design must be in compliance with the current, applicable Codes and Standards- • Collier County Vertical 'Standards • Collier County IT Construction Standards • Collier County Utility Standards • Florida Building code including FBC Plumbing, and National Electrical Code NEC • ADA — Americans with Disabilities Act +: Architectural Plans must be in accordance with Collier County regulatory requirements. ee Landscaping Plans must be in accordance with Collier County regulatory requirements. Bid Phase Services ➢ Issue completed bid documerns including permit approvals ➢ Prepare Base Sid and Alternate Bid Schedule Y Attend Pre -bid Meeting ➢ Respond to Q&A within 3 days ➢ Prepare Addenda Y Review Bids and Alternates A Recommendation for Award Post Design Post Design services to include permitting, bidding, shop drawing review, RFI's, review and approve pay applications, project closeout documents, as -built drawing in CAD and PDF format, and all Final certifications. Term of Contract The contract term, if an award(s) is/are made is intended to be for current needs only. Prices shall remain firm for the entire term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice May 6, 2016 Last Date for Receipt of Written Questions June 1, 2016, 5:OOPM, EST. Addendum Issued Resulting from Written Questions June 3, 2016 Solicitation Deadline Date and Time June 7, 2016, 3-OOPM, EST. Anticipated Evaluation of Submittals June 2016 Consultant Presentations if Required TB❑ 16-6622 Big Corkscrew Island Regional Park RFP CCNA Template_61202016 Antici ated Completion of Contract Ne otiations TBD Anticipated Board of County Commissioner's Contract Approval Date TB❑ Response Format The Consultant understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Consultant further agrees that if the contract is awarded the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non -responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Consultant's approach and ability to meet the County's needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below are to be submitted with each proposal and submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Consultant to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter / Management Summary In this tab, include: • Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying phifosophy of the firm in providing the services stated herein. ■ Include the names), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Consultant's certification that the Consultant will accept any awards as a result of this RFP 2_ Tab li, Firm Credentials and Experience (30 Points) In this tab, include: Provide a "not to exceed" two page "Firm Credential and Experience" narrative that identifies and highlights the firms credentials and experience relative to park design, permitting, success and cost-effectiveness. 16.6622 Big Corkscrew Island Regional Park RFP CCNA Template_01202016 8 Provide the resumes of key individual and qualifying experience relative to park facilities that are available resources and assigned to this project. Include details of unique benefits that the firm offers on this project. Provide information that documents Consultant's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. 3. Tab 111, Parks Projects and Experience (35 Points) In this tab, include' Provide current list of projects in the format identified below that includes sufficient detailed description and outlines the firms experience in the design of park facilities, success and cost effectiveness. Include start date, end date, original budget, final project cost, and number of change orders. Description of the proposed contract team and the role to be played by each member of the proposed team - Describe the various team members' successful experience in working with one another on previous projects. Project Original Final Project Number of Description Start Date End Date Budget Cost Change Orders 4- Tab IV, Capacity, Availability and Responsiveness (25 Points) Provide a "not to exceed" one page narrative that identifies the capacity of the firm and demonstrated responsiveness to county needs and availability of resources- 5- Tab V, References — 5 Completed and Returned (10 Points) In order for the Consultant to be awarded any points for this tab, the County requests that the Consultant submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (onty) submitted by the Consultant in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Consultant's information provided in this area: • The County will total each of the Consultant's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an NIA (or similar notation will be given the score of zero (0)). Consultants who d❑ not turn in reference forms will be counted as zero (0)- The greatest number of points allowed in this criterion will be awarded to the Consultant who has the highest score. 16.6622 Big Corkscrew Island Regional Park RFP CCNA Ternplate_4126201& 9 • The next highest Consultant's number of points will be divided by the highest Consultant's points which will then be multiplied by criteria points to determine the Consultant's points awarded. Each subsequent Consultant's point score will be calculated in the same manner. • Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Consultant Name Consultant Total Reference Score Points Awarded Consultant ABC 445 10 Consultant ❑EF 435 9.6 Consultant GFIi 425 8.1 Consultant 3KL 385 7.3 Consultant MNQ 385 7.3 Consultant PQR 250 5,2 NoIe: Sample chart reflects a 10 point Fete rence criterion. The points awarded by Consultant will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Consultant's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Consultant. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 6. Tab VI, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Consultant may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exceptions). Such determination shall be at the sole discretion of the County and Selection Committee. Tab VII, Required Form Submittals ■ Attachment 2: Consultant Checklist ■ Attachment 3: Conflict of Interest Affidavit • Attachment 4: Consultant Declaration Form' • Attachment 5: Immigration Affidavit and company's E-Verify profile page and memorandum of understanding (MOU) • Attachment 6: Consultant Substitute W-9 • Attachment 7: Insurance Requirements • Attachment 8: Reference Questionnaire 16-6622 Big Corkscrew Island Regional Park RFP CCNA Tern plate_01 202016 10 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 3. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal, The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 4. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 5. Delivery of Proposals Ail proposals are to be delivered before 3:DDPM, Naples local time, on or before June 7, 2016 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Matt Catoe Procurement Strategist The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier, However, the Procurement Director, or designee, reserves the righf to accept proposals received after the posted close time under the following conditions: 16-6622 Big Corkscrew Island Regional Park RFP CCNA Template_01202016 11 • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: fate delivery by commercial carrier such as Fed Ex, LIPS or courier where delivery was scheduled before the deadline. ■ The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1_) paper copy clearly labeled "Master," and six (6) USB_flash drives with one _copy of the proposal on each drive in Word, Excei or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 6. Validity of Proposals No proposal can be withdrawn after it is filed unless the Consultant makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 7. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. If the County receives proposals from less than three (3) firms, the Procurement Director shall review alt the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. The County may, as it deems necessary, conduct discussions with qualified Consultants determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 8. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. The County's procedure for selecting is as follows: The County Manager or designee shall appoint a selection committee to review ail proposals submitted. The Request for Proposal is issued. Subsequent to the receipt closing date for the proposals, the Procurement professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP. Selection committee meetings will be open to the public and the Procurement professional will publicly post prior notice of such meetin&) in the lobby of the Purchasing Building and on the County's Procurement Services Internet site. Prior to the first meeting (Organization Meeting) of the selection committee, the Procurement professional will post a notice announcing the date, time and place of 16-6622 Big Corkscrew Island Regional Park RFP CCNA Template_01202016 12 the meeting at least three (3) working days prior to the meeting. At the initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publically announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be posted with at least one {1) day advanced notice. 5. Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 6. At the scheduled selection meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. At the conclusion of that discussion, members of the public will be offered an opportunity (not to exceed three (3) minutes) to provide comments. T At the conclusion of public comments (provided for in number 7), the selection committee members will individually rank order each proposer. Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, public comments, and/or additional credit information. 8. Once the individual ranking has been completed, the Procurement professional will direct selection committee members to read their individual ranking publically. The Procurement professional will record individual rankings on the Final Ranking Sheet which will mathematically compile into an overall selection committee rank of proposers, 9. In any of the selection committee meeting deliberations, by consensus, members may request to invite proposers in to clarify their proposals, ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their individual ranking and subsequent selection committee overall ranking and final ranking. 1 D. The selection committee's overall rank of firms in order of preference (from highest beginning with a rank of one {1) to the lowest) will be discussed and reviewed by the Procurement Strategist. By final consensus, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will create a final ranking and staff will subsequently enter into negotiations. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract, pending the final approval by the Board of County Commissioners. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. 16-6622 Big Corkscrew Island Regional Park RFP CC NA Templale_O1202016 13 Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Consultant nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances may not be considered. 9. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 10. Proposal Selection Committee and Evaluation Factors The County Manager or designee will appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab i, Cover Letter / Management Summary Tab il, Firm Credentials and Experience 30 Points Tab III, Parks Projects and Experience 35 Points Tab IV, Capacity, Availability and Responsiveness 25 Points Tab V, References 10 Points TOTAL 100 Points Tie Breaker. In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the Consultant has obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Consultant, subject to verification at the County's option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on, 11. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal; to reject any or all proposals, to re -solicit for proposals, if desired, and upon} recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and Collier County. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Consultant, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Consultant or to re -advertise using the same or revised documentation, at its sole discretion. 16-6622 Big Corkscrew island Regional Park RFP CCNA Template_01202016 14 Exhibit III. Collier County Purchase Order Terms and Conditions Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terns and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non -conforming or otherwise rejected by the COUNTY. Shipping and Invoices a] All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. h} No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. cj All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. dj All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise Known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence 16-6622 Big Corkscrew Island Regional Park RFP CCNA Template_0'1202016 15 Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. o Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. $, Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. -11. Warranty of Non -Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are. a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret, and cy d❑ not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or 16-6622 Sig Corkscrew Island Regional Park RFP CCNA Tam plate_01202016 16 services, or replace or modify the goods or services so that they become non -infringing, (without any material degradation in performance, quality, Functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exceptlon or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U. S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order, 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but wlthout limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the {prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General aj This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be 16-6622 Big Corkscrew Island Regional Park RFP CCNA Template 01202016 17 deemed a waiver of any subsequent default by VENDOR. c) Ail notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be pald by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 1 '12.aG 1, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. ej In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order_ To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms andlor Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. '16-6622 Sig Corkscrew Island Regional Park RFP CCNA Template_01202016 18 Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance and Bonding Requirements The Consultant 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 the Insurance and Bonding attachment of this solicitation. The Consultant 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 Consultant waive against each other and the County's separate Consultants, 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 Consultant and County shall, where appropriate, require similar waivers of subrogation from the County's separate Consultants, 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." The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be Certificates of Insurance must state the Contract Number, description, or must read: For any and all work performed o Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida named as the Certificate Holder. The or Project Number, or specific Project n behalf of Collier County. The "Certificate The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any sett -insured retentions or deductibles under any of the below listed minimum required coverage, Consultant 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. Ali self -insured retentions or deductibles will be Consultant'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 Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Consultant. The Consultant 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 Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant hereunder, Consultant small immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 16.6622 Big Corkscrew Island Regional Park RFP CCNA Template01202016 19 Should at any time the Consultant not maintain the insurance coverages) required Herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Consultant for such coverage(s) purchased. If Consultant 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 Consultant under this Agreement or any other agreement between the County and Consultant. 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 Consultant 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 Consultant to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful Consultant extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Consultant. 3. Additional items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Consu}tant's facilities/project site during and after each work assignment the Consultant is performing. 5. Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors wili be evaluated on their performance upon completion/termination of this Agreement. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners {BCC}. The selected Consultant shall be required to sign a standard Collier County contract within twenty one (2 1 ) days of Notice of Selection for Award. The resultant contract(s) may include purchase or work orders issued under one, or any combination of price methodologies by the County's project manager: Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 16-6622 Big Corkscrew island Regional Park RFP CCNA Template_01202016 20 Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of flours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's marts up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Unit Price: the County agrees to pay a firm total fixed price (inclusive of all casts, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required), The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Consultant. The County's project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 7- Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)}, ordinances, codes, rules, regulations and requirements of any governmental agencies. 8. Work Orders on Fixed Term Contracts The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. The contracts are classified as fixed -term Countywide Agreements for various and miscellaneous services which will be utilized on an as -needed basis. Assignments shall be implemented with Work Orders subject to a maximum of $200,000 per Work Order. Work Order assignments in excess of $200,000 shall be approved by the Board of County Commissioners. Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project- S . Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices snail be sent toy 16-6622 Big Corkscrew Island Regional Park RFP CCNA Tern pIate_412020i6 21 Board of County Commissioners Clerk's finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to. bccapelerk(Mcoliiercierk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: Traditional -- payment by check, wire transfer or other cash equivalent. Standard — payment by purchasing card, Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCardy, and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules - The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may he provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "lathes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 10. Environmental Health and Safety All Consultants and Sub Consultants performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that 16-6622 Big Corkscrew Island Regional Park RFP CCNA Templa[e_01202016 22 may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes, Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Consultant's work operations. This provision is non-negotiable by any department and/or Consultant. 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 70F arch flash boundary and PPE Protective labels. 11. Licenses The Consultant is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Consultant to submit the required documentation may be grounds to deem Consultant non -responsive. A Consultant, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or tail in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 12. Survivability Bids (ITBs/RFPs): The Con sultant/ContractorNendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 16-6622 Big Corkscrew Island Regional Park resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the compfetion or termination of any Work Order/Purchase Order. 13. Principals/Collusion By submission of this Proposal the undersigned, as Consultant, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other; than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 14. Relation of County It is the intent of the parties hereto that the Consultant shall be legally considered an independent Consultant, and that neither the Consuftant nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Consultant, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 16-6622 Big Corkscrew Island Regional Park RFP CCNA Template_01202016 23 15. Termination Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal Closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 17. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501 ) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm, 18. Single Proposal Each Consultant must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub - consultant to any other firm submitting under the same RFP If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub - consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non -responsive and rejected from further consideration. 19. Protest Procedures Any prospective vendor / proposer whose desire to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. The Board of County Commissioners will mace award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 16-6522 Big Corkscrew island Regional Park RFP CCNA Template_01202016 24 20. Public Entity Crime A person or affiliate who has been placed on the convicted Consultant list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 35 months following the date of being placed on the convicted Consultant list. 21, Security and Background Checks If required, Consultant / Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 22. Conflict of Interest Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 23. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part I.fl, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to-- submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 24. Immigration Law Affidavit Certification 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. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program witl be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: ■ Commodity based procurement where no services are provided. 16-6522 Sig Corkscrew Isrand Regional Park RFP CCNA Template_01262016 25 Where the requirement for the affidavit is waived by the Board of County Commissioners Consultants 1 Proposers are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Consultants are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. if the Propose rlConsultant does not _comply with providing the acceptable E-Verify evidence and the executed affidavit the Proposer's /Consultant's proposal may be deemed non -responsive. Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System {E-Verify} program visit the following website: http'//www.dhs-gov/E-Verify. It shall be the Consultant's responsibility to familiarize themselves with all rules and regulations governing this program. Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 16-6622 Big Corkscrew Island Regional Park RFP CCNA Template_01202016 26 00fler County Administrative Sennoes Departwit PmGurernenl Services DmsO Attachment 1: Consultant's Non -Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Consultants not wishing to respond to this solicitation. If your firm is not responding to this RI= P, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or maif to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to CCNA Solicitation 16-6622 Big Corkscrew Island Regional Park for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specificationslscope of work. ❑ Specifications/scope of work not clearly understood or applicable {too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reasons): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 16-6622 Big Corkscrew island Regional Park RFP CCNA Template_01202016 27 Co rer County Adr rsftWe 5ervms Department Pf=rernent S&vpms E]iv* on Attachment 2: Consultant Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Consultant should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attm Matt Catoe, Procurement Strategist CCNA Solicitation: 16-6622 Big Corkscrew Island Regional Park ❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ❑ If submitting a manual bid, inctude any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, proposer will need to download all related documents on www.colliergov.netlbid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER -DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: Address: City, State, Zip: Telephone: ErnaT Representative Signature: Representative Name: Date 16-6622 Big Corkscrew Island Regional Park R F P CCNA Template_01202016 28 Ca per Cotsrsty Admrhoitm sdviaea Depatrwe Rocuma 5ervxe 0—W Attachment 3: Organizational Conflict Disclosure Affidavit The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with: Big Corkscrew Island Regional Park 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 of 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 / consultant 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 agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict, Finn: Signature and Date: Print Name: Title of Signatory. State of SUBSCRIBED AND SWORN to before me this by Notary Public of day of 20 , who is personally known to me to be the for the Firm, OR who produced the following identification Commission Expiration 16.6622 Sig Corkscrew Wand Regional Park RFP CCNA Template_01202016 29 Gof.I.fe-r' Ccrrty Administative Services oepartrnent Procurement services Dmsion Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 16-6622 Big Corkscrew Island Regional Park Dear Commissioners: The undersigned, as Consultant declares that this proposal 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 Consultant agrees, if this proposal 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 proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced CCNA Solicitation. Further, the consultant agrees that if awarded a contract for these services, the consultant will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -consultant for any future construction engineering inspection (CEI) or oversight services for projects associated with the Big Corkscrew Island Regional Park. IN WITNESS WHEREOF. WE have hereunto subscribed our names on this day of 244_ 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 Telephone: FAX: Signature bye (Typed and written) Title: 16-6622 Big Corkscrew Island Regional Park RFP CCNA Template_01202016 30 Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX Email: ❑ffice servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: 15-6622 Big Corkscrew Island Regional Park RFP CGNA Template_01202016 31 Co ler Cagy Administrative Semites Qepartrnlent Procurement Smices omsron Attachment 5: Immigration Affidavit Certification CCNA Solicitation: 16-6622 Big Corkscrew Island Regional Park This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Consultants 1 Proposers are required to enroll in the F-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant'slproposer's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-_V_erify program may deem the Consultant's proposal as non -responsive. Collier County will not intentionally award County contracts to any Consultant 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 Consultant 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 lNA shall be grounds for unilateral termination of the contract by Collier County. Consultant attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) 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 Consultant's proposal. Company Name Print Name Signature State of County of Title Date The foregoing instrument was signed and acknowledged before me this day of , 20_, by who has produced (Print or Type Name) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration as identification. (Type of Identification and Number) The sig nee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. -16-6622 Big Corkscrew island Regional Park RFP CCNA Tempiate_01202016 32 G�ter Cacsysty aarrmnsham sere as iJag74r enr Attachment 6: Consultant Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who d❑ business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address State Telephone FAX Order informatior Address City FAX Email State Zip 2. Company Status (check only one) City Zip_ Email Remit/ Payment Information Address City State FAX Email Zip Individual 1 Sole Proprietor ____-Corporation Partnership _Tax Exempt (Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification (D = Disregarded Entity, C = Corporation, P = PartnersMpj 3. Taxpayer Identification Number (for tax reporting purposes only) ederal Tax Identification Number (TIN) ,Consultants who do not have a TIN, will be required to provide a social security number prior to an award). 4. Sign and Date Form: Certification Under penalties of perjury, ! certify that the information shown on this form is correct to MY knowled e. Signature Date Title Phone Number 16-6622 Big Corkscrew Island Regional Park RFP CCNA Template_01202016 33 Coder Caa-nty Adminrstalive Servroes Department Procurement Services omsion Attachment 7: Insurance and Bonding Requirements Insurance 1 Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $100,000 single Gmit per occurrence 3. ® Commercial General Bodily injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Cor)sultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 4. ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned/No n-owned/H[red: Automobile Included 5. ® Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution Per Occurrence ® Professional Liability $1 0a,0O per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability ❑ Valuable Papers Insurance $ Per Occurrence $ Per Occurrence 16-6622 Big Corkscrew Island Regional Park RFP CCNA Template_01202016 34 ❑ Employee Dishonesty 1 Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint toss Payee endorsement naming Collier County. 6. ® 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. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds 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. 8. ® Consultant shall ensure that ali subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the insurance Certificate for Commercial General Liability where required. 10. ® 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 (or Collier MPO). 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. 11. ® Thirty (30) Days Cancellation Notice required. RLC 41412016 Consultant's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Consultant Signature Print Name Insurance Agency Agent Name Date Telephone Number 16-6622 Big Corkscrew Island Regional Park RFP CCNA Template 01202016 M Cou7er Camny Adminisirative Services Depadment Prrxuremenl Services Dwisw Attachment 8: Reference Questionnaire Solicitation. 16-6622 Big Corkscrew Island Regional Park Reference Questionnaire for: (Name of Company Requesting Reference information) (Name of Individuals Requesting Reference Information) Name. Company: Email: (Evaluator completing reference questionnaire) PAX: (Evaluator's Company completing reference) Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the frmtindividual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "D." Project Description: Project Budget: Completion Date: Project Number of Days: Item Citeria Score 1 Ability to manage the project costs {minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. S Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 16-6622 Big Corkscrew Island Regional Park R F P CC NA Template_01202016 36 Collier County Board of County Commisioners CCNA Solicitation 16-6622 Big Corkscrew Island Regional Park MA S TER v 18 .:: ::: Land Surveying Landscape Civil Planning Architecture Engineering Bonita Springs: 239-947-1144 GradyNnor Fort mYers:239-690-4380 engineering@gradym i nor.corn h:,• , ,., -;: 239.947.1144 GradyMinor I'. - It is•; •--. 2 39-6 90-4 380 engineerfng@gr2dyniinot.com Table of Contents TAB I Cover Letter / Management Summary I-1 TAB II Firm Credentials and Experience II-1 TAB III Parks Projects and Experience III-1 • Team Member Profiles III-23 TAB IV Capacity, Availability and Responsiveness IV-1 TAB V References V-1 TAB VI Acceptance of Conditions VI-1 TAB VII Required Form Submittals VII-1 �.� , :� ��,.. 239.947.1144 GradyMalnor -. is :.r 239-690•4390 enginec6ng@gradvm+nor.c0 m June 14, 2016 Mr. Mathew Catoe Collier County Government Purchasing Department 3324 Tamiami Trail East Naples, Florida 34112 RE: CCNA Solicitation 15-6622 Big Corkscrew Island Regional Park Dear Mr. Catoe and the members of the Selection Committee: Q. Grady Minor & Associates (GradyMinor) is pleased to submit this proposal for the Big Corkscrew Island Regional Park project. We know that parks enrich communities and are valued by residents and visitors to an area whether walking a dog, playing soccer, or having a picnic. In addition to leisure amenities, parks provide quantifiable health benefits, from providing direct contact with nature and a cleaner environment, to opportunities for physical activity and social interaction. The Golden Gate Estates, Grange Tree, and Corkscrew communities have voiced their desire for a regional park for decades and the Board of County Commissions have appropriated funds to design and construct a park in FY 2017. The GradyMinor Team is very excited about the opportunity to work with Collier County and the Community to design a park to facilitate outdoor activities, exercising, birthday parties, family reunions, sports, birdwatching, and relaxation. This will be a park that we will use with our families and friends and we will work tirelessly to create a park that will be a landmark park for all of SW Florida. GradyMinor has been serving public and private sector clients in southwest Florida with planning, surveying, civil engineering, and landscape design For over 35 years. Our office is located a twenty minute drive From Collier County's offices and the Big Corkscrew island Regional park site. Our team is comprised of nearly 40 Collier County residents including our firm's Principals (Mark W. Minor, P.E. and Wayne Arnold, AICP); our proposed Project Manager and Deputy Project Manager (Mike Delate, P.E. and Justin Frederiksen, P.E.); and our proposed project coordinate/liaison (Tony Ruberto, PM). Our Firm has provided recent engineering, permitting, and design services on the following local Parks: Gordon River Greenway Park Sugden Regional Park East Naples Community Park Margood Community Park J.N. Ding Darling National Wildlife Refuge Park Throughout the phases of this project our approach will revolve around putting the residents and stakeholders first, while providing sound engineer design and exceptional service to Collier County at an economical cost. In addition to the expertise of our in-house professionals, we have assembled a team of area experts which will provide Collier County with the experience of a multi -disciplinary team who will successfully fulfill the County's requirement to design, permit and oversee the completion of the Big Corkscrew Island Regional Park project. Our team includes Victor J. Latavish Architects, PA; JRL Design Studio; Collier Environmental Consultants; Hollis Engineering Consultants; Aquatic Design & engineering; Barth & Associates; Forge Engineering; and Turf Keepers. Collier Country RFQ 16-6622 TAB I-1 Bonita Spr inks: 239-947-1144 GradyMinor Fort Hyers:239-6913-4380 engineering@grady m inor com Our experience, institutional knowledge and relationships with the stakeholders and residents will result in a high quality and efficient project design. We are a local firm, with a team of other local firms who live and work here, and possess the expertise to fulfill the stated objective in the RFP and to ultimately provide the residents and visitors with a park that will become a part of their lives and our lives. GradyMinor ccepts the conditions stated in the RFP 16-6622 (Big Corkscrew Island Regional Park) and we appreciaYyoPr interest in our firm and our capabilities. We have enjoyed our relationship with Collier County on many oyier p ojects and look forward to another opportunity to serve Collier County. W. Minor, P.E. Why select GradyMinor? Our Location Our office is located 20 minutes from the County's offices and the project site. ➢ All the GradyMinor employees who will be working on the Big Corkscrew Island Regional Park project work out of our office 20 minutes from the project site. Our Institutional Knowledge ➢ The GradyMinor Team has extensive experience at the Big Corkscrew Island Regional Park site. ➢ We have a wide variety of planning, engineering, permitting, and surveying experience in the vicinity of the Big Corkscrew Island Regional Park site. We are very familiar with Collier County staff and the County's structure, unlike large national firms. Our Efficiency ➢ Our institutional knowledge of Big Corkscrew Island Regional Park site and the relationships we already have with the stakeholders and residents in the community will result in efficiencies that will translate to fewer hours billed and ultimately saving to the Collier County residents. ➢ The County will not see will not see management and marketing personnel billing to this project. The experienced individuals that will be billing to this project will be the people you know and recognize. D Our recent and current local, state, and federal permitting agency connections. Sincerely, wk ,,� ■ � . aL Michael Delate, P.E. Senior Vice President Our Connection to Collier County ➢ Nearly half our 48 employees live in Collier County; pay for Collier County utility services; pay Collier County taxes; shop and eat at Collier County businesses; and have children that attend Collier County Schools. The money we earn stays in Collier County. ➢ The principals of GradyMinor live in Collier County and have been residents here for over 25 years. ➢ Nearly 40 of our team members live in Collier County. ➢ We have good relationships with local Contractors and we believe in tapping the experience of local Contractors to ensure our designs are economical and constructible. ➢ GradyMinor gives back to the community by providing pro-bono services to charitable organizations including the Shelter for Abused Women and St. Matthew's House to name a few. ➢ The fees paid for engineering services will stay in Collier County and will go back into the Collier County economy. Collier County RFQ 16-6 62 2 TAB 1-2 ,.i 11r , :J..1 ii 1,,. 239-947. 1144 GradyMinor -r 239.590-0300 engineering@gradyminor.cam Tab II Firms Credentials and Experience Established in 1981, GradyMinor has provided a full range of professional services to the public and private sector for 35 years. Our staff of nearly 50 includes seven Professional Engineers, a Professional Surveyor and Mapper, a Certified Planner, two Landscape Architect, eight engineering technicians, Project Administrators, Engineer Interns, five Survey Crews, and Survey Technicians. We have a mature and highly qualified team of support staff, who together with the Professionals on our Team, can provide all the services required to successfully complete the Services for RFP 16-6622 (Big Corkscrew Island Regional Park). GradyMinor's professionals and Team members live and work in Collier County and along with our friends and families we enjoy Collier County's many wonderful parks. We have a firm understanding of Collier County Land Development Standards and Specifications, FDEP, SFWMD, US Fish and Wildlife, and US Army Corps of Engineer regulations; and extensive permitting experience in Collier County. We fully understand the timeline and submittal requirements for Site Development and Building permits. Our recent and on -going work for the Collier County Parks and Recreation Department gives us significant insight, experience and local knowledge that will be extremely useful in design and permitting issues that will be faced with this project. We have performed design, permitting, surveying, and construction services at large variety of Collier County parks and similar projects including the following: ➢Sugden Regional Park ➢Gordon River GreenwayPark ➢East Naples Community Park ➢Max Hasse Community Paris A Bayview Park ➢Eagle Lakes Park ➢Margood Harbor Park ➢Clam Pass Paris ➢Mackle Park YBluebill Beach Access Park ➢951 Boat Ramp Park ➢ Panther Park ➢Vanderbilt Beach Access ➢Tigertail Park ➢Pepper Ranch ➢Golden Gate Community Park ➢Veterans Park ➢Immokalee Airport Park ➢Naples Zoo ➢Corkscrew Park ➢Port of the Isles Park ➢Pepper Ranch Preserve ➢Sanibel School/Ding Darling Preserve POpMd Bp Cor"C71.0 `"''_" Iclan�f R'ganal ParA i•�� b r -.A - Many of these parks we have worked together with the same design Team members who we are proposing to work with on the Big Corkscrew island Regional Park project, including GradyMinor's preliminary design services for the Big Corkscrew Island Regional Park in 2010. The cohesiveness of the GradyMinor Team will avoid the typical learning curve when unfamiliar people/firms work together. Collier County RFP 16-6622 TAB II-1 a .. . . 239-V47-1144 GradyNnor 234-690-4380 engineer ing@grad yminar-cam We are not a top heavy firm and have teamed with similar firms to ensure the fees paid for this project not only stay local, but do not go to corporate headquarters out of state or out of the Country. The County will not see upper management and marketing personnel billing to this project. The experienced individuals that will be billing to this project will be the people you know and recognize. Additionally, our professional design service fees are typically 25-50% less than large firms for the same services. Entirely Florida, with the Core Team located in SW Florida, the Team of professionals assembled for this project has the required expertise and local knowledge to assure successful implementation of this multi -phase, multi -year project. Core Team: Architecture Victor J. Latavish Architect, PA specializes in the design of civic architecture and Victor J. Latavish, AIA recreational facilities. The Naples firm was established in 1989 and over the last 27 Victor J. Latavish, PA years has designed in excess of 100 local governmental projects, including community centers, park, boardwalks, concessions, public restrooms, picnic shelters, and aquatic centers. Victor performed architectural services for the original Big Corkscrew Island Regional Park in 2006 and along with GradyMinor, worked on the 2010 im provements to the Big Corkscrew Island Reg ional Park. Landscape Architecture Since the 1970s, JRL Design Studios has provided Landscape Architectural services John Ribes, FASLA in South Florida with their main office located in Naples. The firm has been involved JRL Design Studio with large and comprehensive projects in South Florida both on the including Edison Community College; Mary Jo Sanders Inspirational Garden; and The Moorings Park Cam us and Heating Garden. Environmental Collier Environmental Consultants was established in 1996 by Marco Espinar who Marco Espinar previously worked for SFWMD and Collier County- A full service environmental Collier Environmental consulting firm with extensive experience in Collier County, they provide wetland Consultants jurisdictional determinations, permitting, vegetation & wildlife surveys, mitigation monitoring plans, and various other environment@) consulting and planning services for developments. Marco worked with GradyMinor and Victor Latavish on the 2010 improvements to the Big Corkscrew Island Regional Park. Specialists: Electrical 8. Lighting Design Established in 2004, Hollis Engineering Consultants specializes in the design of Torn Hollis, P.E. electrical power, lighting, roadway lighting, LED, fire alarm, and solar photovoltaic Hollis Engineering Consultants systems for municipal and commercial projects. Tom Hollis, P.E. brings nearly 40 ears of local electrical and li2hting experience. Playground Design Leathers & Assocaites was founded in 1971 by Robert S. Leathers and has 45 years Leathers & Associates of experience creating custom -designed inclusive playgrounds. Located in Jupiter Florida, the firm is internationally known for innovated all-inclusive with award winning rejects from Florida to California to Australia. Pool Design Established in 1987, Aquatic Design & Engineering has designed more than 2,000 Aquatic Design & Engineering successful aquatic projects across the world. Located in Orlando, this world -class aquatic firm sets the standard in providing innovative and timeless design with comprehensive and enduring engineerinQ solutions. Planning With nearly 40 years of professional experience in park planning and design, David Barth & Associates Barth founded Barth & Associates in 2012 to help communities harness the power of their parks and recreation system to generate economic, social and environmental benefits for the community. Located in Gainesville, the firm is nationally known for the olannng of customized landmark parks. Geotechnical Forge Engineering, Inc. is a fully licensed and insured engineering consulting and Forge Engineering materials testing firm located in Naples- Established in 1996, the three principals of the firm have over 90 years of combined experience performing engineering and inspection services in the State of Florida, with over 75 years in Collier County. Agronomy Dan Morgan is a consulting agronomist with over 35 years of experience in Florida - Dan Morgan - Turf Keepers Dan provides specialty agronomist consulting to Collier County and the Universities of Florida and South Florida - Collier County RFP 16-6622 TAB I1-2 l.r r i 239-947-1144 0 GradyMinor - r V, 239•690.4380 engineering ftradymroar-cam Tab III, Parks Projects and Experience As depicted in Tab II and in the required project experience table below, the GradyMinor team has successfully completed a large variety of park projects in Southwest Florida. Additionally, our team members are internationally known for park planning, all-inclusive playground design, aquatic facilities, and slash parks. The Big Corkscrew Island Regional Park has gone through many iterations of public involvement, which resulted in a list of top -ranked elements based on public input. The elements have been divided into two phases that will be design and construction as funding becomes available. Phase I will include the parcel north of the canal and Phase II will be the parcel south of the canal. Provided below are the park elements identified by the public in order of priority, with examples of our Team's experience with those design elements. Phase I Elements 2. Playground 3. Pavilion / Shelter Area Gordon River Greenway Park, Naples FL GradyMinor along with Team Members Victor Latavish, Collier Environmental, and Hollis Engineering provided Engineering, Architectual, and Construction services for this spectacular Collier County park that takes advantage of the natural beauty along the Gordon River in one of the last unspoiled areas of urban Naples. With elevated and on grade pathways that meander among the mangroves and other native plants, this park allows visitors to access a natural environment in the heart of Naples. Gambier Park, Naples FL Team member Leathers & Associated recently completed the stunning all-inclusive Cambier Park playground for the City of Naples. This unique and meaningful play environment located in downtown Naples brings residents and visitors from all around to enjoy the Leathers designed play environments that increases the "playability'r for children of diverse abilities, age, gender, ethnicity, and culture. Margood Regional Park, Goodland, FL GradyMinor, along with Team Member Victor Latavish, provided Survey, Engineering, Architectural, and Construction services for this regional park that features the Margood History and Community Center, pedestrian walk -way, two open-air pavilions, bocce ball and sand volley ball courts, horseshoes, canoe and kayak launch, and a playground all wrapped adjacent to a charming harbor. Funded by Florida Land Trust as historic site. Collier County RFP 16-6622 TAB 1I1-1 GradyMinor :::.i i it:, 239-947-1144 239.690.4380 eng i neor ing fgrady mi nOLC o m itheater/Outdoor Movie Watching Lawn, Etc. Community School of Naples Amphitheater, Naples FL GradyMinor provided engineering services for the Community School of Naples' amphitheater. With a lovely natural pond backdrop and stunning shade sails, this amphitheater blends in with the park -like setting and is utilized by the Community School for small performances and concerts. :,._r__ 5. Multi-Pu B. DoA Park Fields 7. Aquatic Facility F _j" o4omoo h Vr� 4*1 r.,M.pw Barron Collier High Schools, Naples FL Both the Gulf Coast High and Barron Collier High Schools campuses include several multi -purpose fields that are used for a range of activities. Designed by Mike Delate, P.E., these fields are utilized for various activities including lacrosse, soccer, archery, ultimate frisbee, and conditioning training, Naples Dog Park, Naples FL GradyMinor performed engineering and construction services for the City of Naples 1.35 acre dog park. Fenced with landscaping and dog -friendly mulch, this centrally located park includes a shade structure, better known as the Palmer House, which includes benches, drinking fountains for both man and beast, separated large and small dog play areas, and a picnic area. There are over 40 parking spaces and a sidewalk connection to the Gordon River Greenway, Eagle Lake Park, Naples FL GradyMinor along with Team Members Victor Latavlsh and Aquatic Design & Engineering provided survey, engineering, and architectural services for the addition of an aquatic center at Collier County's Eagle Lake Park. The Eagle Lake Park aquatic facility features a 25 meter lap pool, a family pool and an integrated water feature play area. The lap pool is utilized for aqua aerobics and has the ability to split the pool width to allow lap swimmers while classes are being held. Collier County RFP 16-6622 TAB III-2 8. Splash Park 9. Amenities 11. Outdoor Sporting Courts J+ ,� 4. i to GradyMinor � A Sj.i L k,:. 239.947.1144 i i• =. 239-1590.4300 engi neering@gradym hor.com North Collier Regional Park, Naples FL Team member Aquatic Design & Engineering designed the Sun- N-Fun Lagoon water park at this 20 acre multi -million dollar Collier County regional park. This waterpark features a waterslide tower, lazy river, adult swimming pool, and children's pool with an interactive water feature- The Park's interactive water features include water dumping buckets, water pistols, tadpole pool, and a splash zone. Additionally, Aquatic Design & Engineering designed a lap/diving pool and a lazy river at this well visited attraction. Tigertail Beach Park, Marco Island FL GradyMinor along with Team Member Victor Latavish provided survey, design, and construction services for a cafe, concession, and restroom amenities for this 32 acres beach park. One of the state's most important habitats for wintering and nesting shorebirds, this park is known as one of the best all-around birding locations in southwest Florida. As a result, the Tigertail cafe bustles with hungry visitors who enjoy breakfast and lunch served daily. Eagle Lake Park, Naples FL GradyMinor along with Team Members Victor Latavish performed design and performed construction services for the Eagle Lake Park which included an 11,000 SF community center. This well visited community center includes a meeting facilities and a fitness center and host a plethora of activities including group fitness classes, art clinics, martial art classes, dance classes, after school adventures, video game tournaments, and summer camp programs. Margood Harbor Regional Park, Goodland, FL GradyMinor along with Team Member Victor Latavish provided survey, engineering, architectural, and construction services for this regional park with outdoor sporting courts including bocce ball, horseshoe, and sand volleyball courts. This park is a local gathering place where friends come together to socialize and play along a charming protected harbor, Collier County RFP 16-6622 TAB 1I1-3 Phase 11 Elements 'I.Pathways and Trails (Cont.) - I .I Sni n is": 239-94 7-1144 GradyMinor t,v-rs 239.690-4380 engineering@gradyminor.com Sanibel School/Ding Darling Preserve The construction of an educational boardwalk thorugh Sanibel School, a public school located in Sanibel, into Ding Darling National Wildlife Sanctuary. The project included extensive wetland and environmental permitting. In addition to birding enthusiasts, the boardwalk is used by teachers as learning center. Collier Environmental teamed with GradyMinor 2. Multi -Purpose Indoor Sporting Facility �.� St. Francis Xavier School Gymnasium 4. Outdoor Event Area This multi -purpose indoor sporting facility was designed by team member Victor Latavish to provide the St. Francis school with a "do -everything" facility. Rain or shine, this gymnasium is a busy venue that hosts events ranging from basketball to theatre performances. Gulf Coast High School, Naples FL The Gulf Coast High School campus includes baseball diamond and softball diamond fields that are used for the schools competitive teams. Designed by Mike ❑elate, P.E., these facilities allow multiple games to be placed simultaneously and are integrated with several other sports facilities, also designed by Mike Delate. Sugden Regional Park This Collier County water front park with beautiful view of Lake Avalon has several outdoor event areas designed by Team member Victor Latavish. Many of the areas are adjacent to pavilions and shade trees, creating an intimate setting for events including birthday parties, reunions, and weddings. Collier County RFP 16-6622 TAB I1I-4 239-947-1144 GradyMinor =.rr :239.G90.4380 e hgi nccringftradYin i nOr-CU m Artesia Naples The site of former borrow pits, GradyMinor performed the planning, design, and permitting for the re -configuration of the lakes. The borrow pits were re -shaped to create an amenity with walking trails, extensive littoral areas for wildlife and water quality treatment. As required per the RFP, provided below is a current list of park projects that the GradyMinor Team has successfully completed, including start dates, end dates, original design budgets, and final project costs. It should be noted that none of these projects had chancre orders associated with them. GradyMinor is proud of our long history of staying within the allotted budgets and in many cases, as depicted below, come in under budget, Final Project Description Start Date End Date original Budget Project Cost Sugden Regional Park Feb 2008 Jul 2010 $75,000 $75,000 Addition of water ski building and sailing building. Extension of water and sewer lines to serve facility. Water management modifications Gordon River Greenway Park May 2009 Feb 2016 $625,834 $619,521 Coordination with overall project. Design and permitting of entry roads, utility extensions and wafer management. CEI services for entire park construction East Naples Community Park Jan 2008 Dec 2009 $60,450 $60,450 Community Center, Soccer Fields and Preserve Max Hasse Community Park May 2011 Aug 2011 $10,400 $10,400 Community Center Addition Bayview Park Jun 2011 Sep 2014 $170,890 $104,974 Reconstruction of entire parking lot, boat trailer parking, entrance road improvements, and water management improvements Eagle Lakes Park Oct 2012 Apr 2015 $48,940 $48,940 New Community Center and Swim Park Margood Harbor Park 2009 Mar 2012 $120,000 $120,000 New park design including canoe launch, historic buildings, water management, parking and landsca in Clam Pass Park Feb 2013 Jul 2013 $12,530 $11,888 Tram drop off layout design and permitting Clam Pass Park Parking Modifications Feb 2016 On -going $54,584 On -going Design of new parking spaces and water quality improvements Mackie Park Oct 2015 On -going $41,500 On -going New community center, parking and drainage improvements Collier County RFP 16-6622 TAB 111-5 i r `:.r i 239-947-1144 G ra dyMi nor =1 239.690-4306 engineer ing f grady mi norxo m Bluebill Beach Access Park 2010 Jan 2012 $120,000 $120,000 Restroom facility, dune walkover, drop off area and sidewalks 951 Boat Ramp Park May 2003 Jun 2010 $152,850 $152,850 Expansion of boat parking lot, new ,bulkhead and access improvements Panther Park Dec 2007 Jun 2009 $22,100 $22,100 New neighborhood park Vanderbilt Beach Access Restrooms Jan 2013 May 2013 $21,200 $20,911 New restroom building, improved access and improved shower facilities Vanderbilt Beach Access CEI Jan 2014 Nov 2014 $26,320 $26,233 Construction engineering and inspection including coordination with contractor and county Vanderbilt Beach Access Extension Oct 2014 On -going $51,475 On -going New park and mitigation for FDEP grant Tigertail Park RestroomlDune Walk -over Jul 2012 May 2014 $29,800 $24,950 New restroom with utilities and parking Tigertail Park Parking Lot Improvements May 2014 Feb 2015 $11,050 $10,750 improvements to parking surface and drainage system Pepper Ranch Park Caretaker Nov 2015 Mar 2016 $15,250 $1 1,573 Addition of caretaker's residence for park Golden Gate Community Park May 2007 Oct 2009 $41,850 $41,850 Addition of boat ramp and parking facilities Veterans Park Pickleball Courts Jul 2015 On -going $23,620 On -going Conversion of volleyball area to pickleball courts Immokalee Airport Park Oct 2008 Mar 2010 $35,300 $35,300 New parking lot, water management and landscaping improvements BCIRP Lake Engineering Services Feb 2012 Jan 2014 $56,852 $43,970 Design and permitting of canoe launch and recreational trail around lake. Design and permitting of access road from Fairgrounds Port of the tsles Park Nov 2012 Oct 2013 $35,000 $28,300 Design and reconstruction of boat ramp, new parking area and water management - Community School Naples Football Facilities Nov 2011 Oct 2012 $1,525 $1,525 Addition of bleacher facilities Community School Naples Track & Football Jan 2011 Sep 2011 $43,195 $26,000 Facilities Design of new track and football facitlities Sanibel School 1 Ding Darling Boardwalk Feb 2012 Oct 2013 $14,600 $14,655 Boardwalk through mangrove area at the Ding Darling National Wildlife Refuge. Starcher Petty Baseball Field No 2009 May 2010 $25,600 $23,060 Design of drainage improvements. Collier County RFP 16-6622 TAB iii-6 �. 239-947-1144 GradyMinor = 239•690-4380 engiFtecring@gradytninor.com Design Team Overview All of the work the GradyMinor Team will perform on the Big Corkscrew Island Regional Park project will be performed in from Florida and the majority of the work will be performed by the "Core Team" that is entirely located in Collier and Lee Counties. GradyMinor's main office is located at 3800 Via Del Rey, Bonita Springs, FL 34134 and is where all of GradyMinor's work will be performed from. We are a 20 minute drive from the County's offices and the project site. We have assembled a local, experienced, and cohesive team that is ready and capable of getting to work quickly and efficiently to make the Big Corkscrew island Regional Park a reality. Our team is very familiar with the project. Victor Latavish performed architectural services for the original Big Corkscrew Island Regional Park in 2006 and GradyMinor, Victor Latavish, and Collier Environmental worked together on Big Corkscrew Island Regional Park improvements in 2010. The Team of professionals assembled for this project has the required expertise and local knowledge to assure successful implementation of this multi -phase, multi -year project. We propose to team with the following sub consultants for the Big Corkscrew Island Regional Park project: Architecture Victor J. Latavish, AIA 4100 Corporate Square Naples, FL 34104 www.latavish.corn Landscape Architecture John Ribes, FASLA JRL Design Studio 1080 $Ih Avenue South Naples, FL 33401 www.jrl-design.com Environmental Marco Espinar Collier Environmental Consultants 3880 Estey Avenue Naples, Florida 34104 Playground Design Leathers & Associates 725 North AIA Jupiter, FL 33477 www.leathersassociates.com Pool Design Aquatic Design & Engineering 189 South Orange Avenue Orlando, FL 32801 www.adedesign.com Sam .ass00.11e< Mom Doak & Fsrgneerrq _ '° Le31WS & �, liens Engineenng Carr�ttants Cdlloer Enwronmenial Consultants - JRL Design Siudia I-- Victor J Latavish, AIA L ` Fo �e �rg neenng Electrical & Lighting Design Tom Hollis, P.E. Hollie Engineering Consultants, Inc. 16900 Colony Lakes Boulevard Fort Myers, FL 33908 Agronomist — Dan Morgan Turf Keepers 6003 Hammock Hill Avenue Lithia, FL 33547 www.turfkeepersfia.com Park Planning Barth & Associates 10030 SW 52nd Road Gainesville, FL 32608 www.barthassoc.com Geotechnical Forge Engineering 2224 Trade Center Way, Naples, FL 34109 www.forgeenct.com Collier County RFP 16-6622 TAB III-7 Sn iFs 239.947•1144 GradyMinor I "'y-1 239.690-4.384 unlineering@gradyminor.com GradyMinor's proposed organizational chart below, with all key team members, is provided below. Our Company and our sub consultants are committed to allocating the necessary manpower and resources to complete the Big Corkscrew Island Regional Park project on time and within budget. The current and anticipated workloads will not affect our ability to serve Collier County. Collier County Parks & Recreation Facilities Management PRINCIPAL IN CHARGE Mark W Minor. P E Assistant PA#Lq kry Engmeor Justin Fredenksen. P E QxQC Fick Featherstone, G C. Architecture Victor J. Latavish. AIA Poor Design Apuabc Design 8 Permitting Elect►idc& d Lighting Daaign Tom lioliss. P E (NEC) Agronomist Dan Id organ - TorfKeepers 1 PRQJECTMANAGE R Civil Engineers R Daniel Flynn. P.E FtankJ. Feeney. P. E. Landscape Architecture John Roes, FASLA 0RL) Environmental t Marco Espinar [Collier Envlr.) Geatechnical forge Engineenng 101 ►rnhy Bath a 43soGales< P'�eygrvr►nd�alyn � Leathers 3 Assoaiates Collier County RFP 16-6622 TAB III-8 239-947-1144 GradyMinor = ,,, .., 239-690A380 e ng ineeri ng0grady m ino r.com The following table depicts the projects we have worked together on with the same Team members we are proposing to work with on the Big Corkscrew Island Regional Park project. Team Member C f� C to o 0 M D U � � Project Q CO U d7 y � Od � C W fA o y IV C C C d) 0 Qi � 7 V LU C7 U Q Cr I Sugden Regional Park X X Gordon River Greenway Park X X X X Eagle Lakes Park X X X X Max Hasse Communitv Park X X Clam Pass Park X X Mackie Park X X X Bluebell Beach Access Park X X X East Naples Community Park X X X X Margood Harbor Park X X X Panther Park X X X Vanderbilt Beach Access X X Ti ertail Park x X Golden Gate Community Park X X X Port of the Isle X X Big Corkscrew Island X X X Hyatt Amenity Expansion X X X Though the GradyMinor Team consists of a significant number of members, the majority of the work will be performed by the Core Team (GradyMinor, Victor Latavish, JRL Design Studio, and Collier Environmental). Each Specialty Team member has their own special skills that will be utilized as needed to assist the County on this exciting project. This Team has worked successfully together with GradyMinor for many years and we consistently call upon each other as the occasions arise to work on projects together. The majority of the team members are local with nearly 40 employees being Collier County residents. We have built our careers and raised our families in Collier County. Cother County RFP 16-6622 TAB I11-9 ,i 7c.i o iv>: 239.947.1144 GradyMinor W%-i- 239•690.43W enR i ncTri ns f grad vmi nof.com Project Understanding and Approach Our Interest The Q. Grady Minor & Associates, P.A. (GradyMinor) Team has a personal interest with the Big Corkscrew Island Park (BCIRP) as nearly 40 employees of our Team live in Collier County. Collier County is where we five, work, and play. For our Team the proposed Big Corkscrew Island Regional Park is: ➢ A park that we will enjoy with our friends and families. ➢ A park that our tax money will pay for. ➢ A park that we want. GradyMinor has provided professional services to the Orangetree community, where the BCIRP site is located, over the past 25 years and we are uniquely experienced with extensive history and knowledge in planning, development, and engineering for this area of Collier County. Our experience in utility infrastructure, surface water management system, permitting, and site work excavations will limit any learning curve and avoid time and effort being spent where it does not need to be. History The Big Corkscrew Island Regional Park is located in northcentral Collier County in a 4.4 square mile area designated as Orangetree. Orangetree was originally planned as "Golden Gate City North" and the Gulf American Land Corporation (GAC) cleared, excavated canals and filled the four (4) sections of what was then planned to be the densely populated sister of Golden Gate City. After GAC became insolvent there were many lawsuits and Orangetree was the result of a settlement agreement between the parties. Originally Orangetree was planned as a 2,000 unit development with several earth mines and farming, but the proposed density was not viable. During the early 1990s GradyMinor became engineer and surveyor of record retained by the developer, Mr. Theodor Boldt and Ammon Golan doing business as Orangetree Associates. We designed, permitted, and provided construction engineering services for the initial Utility plant expansion before being named Orangetree Utility Company Engineer of Record. We have intimate knowledge of the utility infrastructure servicing all of the Orangetree Utility Company service area. As engineer of record we either designed or reviewed and approved utility line extensions for Valencia, Orangetree, Orange Blossom Ranch and Waterways of Naples developments. While no longer utility engineer of record, we still retain a substantial advantage in experience, understanding and institutional knowledge of the project's utility system. For the Orange Blossom Ranch development, GradyMinor worked directly for the owner Bryan Paul and provided planning and engineering services for this development. Provided below is letter of recommendation from Bryan Paul on the BCiRP project. Collier County RFP 16-6622 TAB 111-10 239.947-1144 GradyMinor 239.490.4380 enginecring@gradyminor.com BRYAN W.PAUL F G fie+ ''35' LJ80ie Fl. 33935 December 7, 2015 Mr. Nick Casalanguida Deputy Administrator Collier County Growth Management Division Planning, and Regulation 2800 N. Horseshoe Drive Naples, FL 34104 RE: Orange Blossom Ranch PUD, Commercial Tract Dear Mr. Casalanguida: It has come to my attention that the County has prepared a conceptual master plan for the proposed Big Corkscrew Island Regional Park. As the former property owner of this site and having worked in a cooperative manner with the County in the ownership transfer and then the current lease for the citrus groves, ! am looking forward to its development into a park. I still own commercially zoned property to the southeast of the park site, so my interest includes that as well. I have consulted with Q. Grady Minor extensively through the years in their planning and engineering capacity for this site and have always been pleased with their work. I understand that they are submitting for the Request for Qualifications (RFQ) for this project, and I wholeheartedly endorse them for the engineering and planning that will be needed for the park site. Sincerely, Br Pau! 5��i Collier County AFP 16-6622 TAB III-11 vo! 239-947-1144 GradyMinor Fnri h?y=r, 239-690.4380 tnginevingf gradym inor.co m Provided below is a figure depicting GradyMinors experience in Crangetree. Earthwork will be a significant part of the Big Corkscrew Island Regional Park (BCIRP) project and our past experience at Orangetree may allow this element to be completed for substantially less money than presently planned, allowing resources to be placed into more exciting elements of BCIRP. During the past twenty-five (25) years GradyMinor has engineered, permitted, as - built, reclaimed and certified many of the large excavations in Orangetree including the large lake called "Lake Michigan" as part of the Waterways of Naples development. Our experience is very important to Big Cypress Island Regional Park. Lake Michigan is located in close proximity to the existing agricultural reservoir that is planned as part of BCIRP to be partially filled and reshaped. Importing material to fill in portions of the BCIRP Lake will be extremely costly and time consuming with thousands of dump trucks traversing in and out of the area. This is just one project element where our engineering experience will pay dividends to the County. We, along with the owner and excavator, developed a method to excavate below the subsurface rock lens without blasting, rock hammering or rock removal. We produced several hundred thousand cubic yards of quality material from the Lake Michigan excavation that otherwise would have remained in situ. GradyMinor, if selected for this project, will propose the same method of excavation for the BCIRP Lake and utilize the excavated material to fill and reshape the lake. The remaining lake will be healthier with a large area of deep water and combined with the shallow areas, proper aquatic plantings and sloping; the restored BCIRP Lake will be aesthetically pleasing and provide good water quality. As a result there would likely be little need to purchase and haul fill Collier County RFP 16-6622 TAB III-12 i alp 11 239.947-1144 GradyMinor nrr My 239.490.4380 e ngf neer ing@g rad y m in o r.[om material resulting in a potential savings of millions of dollars. The professionals that will be working on this project are all very familiar with the Big Corkscrew Island Regional Park. Team member Victor Latavish was the architect on the original BCIRP project in 2006 and GradyMinor along with Victor Latavish and Collier Environmental designed and permitted a canoe/kayak launch, parking area, and walkway around Big Corkscrew Lake in 2010. Additionally, Tony Ruberto, our proposed project coordinator/liaison, served as a Collier County senior project manager for over 13 years in the Parks and Recreation Department. Tony was the senior project manager for the 200 acre North Collier Regional Recreational and Gordon River Greenway Park. Tony knows what it takes to keep complex and multifaceted projects moving towards a long term goal. Project Understanding Big Corkscrew Island Regional Park is located north of Oil Well Road, east of Immokalee Road, and runs South East of the Fairgrounds. The project area totals approximately 156 acres, which is separated into two sections by a canal. The northwest section is approximately 49 acres and the southeast is approximately 107 acres, as depicted below. The Big Corkscrew Island Lake is planned for partial fill and re -configuration to provide additional park land for park components and for the storm water management system. The park was originally designed in 2006 (with GradyMinor Team member Victor Latavish as the Architect) but, due to budget restraints, the project was postponed. Recently, several public meetings have been held to gain input from interested citizens. The meetings determined that the needs and desires of the public have changed since 2006. The Board of County Commission approved Master Plan of Big Corkscrew Island Regional Park will be divided into phases that will be constructed as funding becomes available. The design will be developed with input from the Collier County Staff and the local community and will utilize available funding year-to-year to construct the improvements. Collier County RFP 16-6622 TAB III-13 239.947.1144 GradyMinor 239.690.4380 e n g ineei i ng(ft rady m i noncom Key Issues Earthwork The Big Corkscrew Island Lake is planned for partial filling and re -structuring to provide additional park land for park components and for the storm water management system. The earthwork and material required to partially fill the lake will be a significant part of the BCIRP project costs. As stated above, our past experience at Orangetree may allow the filling of the lake to be completed for substantially less money than purchasing and hauling material from offsite allowing the resources to be placed into more exciting elements of BCIRP. We would propose to fill portions of the lake by excavating below the subsurface rock lens without blasting, rock hammering or rock removal, but by breaking through a small portion of the rock lens and undermining the rock lens and allowing the rock to collapse under its own weight. Following the collapse of the rock lens, the in situ soil can be excavated and placed in the areas where the lake requires filling, This method was highly successful for the nearby Lake Michigan excavation and produced several hundred thousand cubic yards of quality material that was used to fill portions of the lake. Additionally, Lake Michigan is a healthy lake with a large area of deep water combined with the shallow areas and proper aquatic plantings and sloping. Environmental The GradyMinor Team has extensive experience with projects that involve environmentally sensitive lands. Wetlands, surface waters, endangered and/or threatened species may all be encountered on the Big Corkscrew Island Regional Park project. Our Team member, Collier Environmental Consultants, headed by Marco Espinar, has extensive experience with environmentally sensitive sites, including the BCIRP site. Through permitting and ingenuity during the design process, most any environmental issues can be resolved, Often the biggest hurdle is time, due long regulatory review times. As stated above, we propose to conduct pre - application meetings with regulatory agencies early in the design (30% design stage) to ensure the project is not delayed due to permitting reviews. Before the pre -application meetings and preferably soon after a notice to proceed is provided, an environmental survey of the site needs to be performed to determine what environmental conditions are present. The environmental survey will look for wetland foliage and habitat, Bald Eagles, Cockaded Woodpeckers, Black Bears, and Florida Panthers. Additionally, the Florida Fish and Wildlife Commission's website and data base will be reviewed to determine the nearest known endangered or threatened species. Wetland Mitigation may be required in accordance with Unified Mitigation Assessment Methodology (UMAM), Purchased wetland mitigated credits typically come with Panther Habitat Units (PHU's), which may be a benefit as this project is located in Panther Secondary Habitat. Also key with this project will be impact to wood stork foraging. A Wood stork foraging analysis will be required and mitigation for loss of BID Mass may be required under the ACOE permit process. This too can be accomplished via mitigation Bank. GradyMinor will work with Marco Espinar to examine opportunities for the BCIRP to take advantage of restoration and land acquisition necessitated by mitigation requirements and to develop strategies so design is compatible with mitigation needs. Collier County RFP 16-6622 TAB 111-14 _ 239.947.1144 GradyMinor 239-690-4380 engineering@grads m inar corn Permitting The Big Corkscrew Island Regional Park will require local, state, and federal permitting. Over the past 34 years of providing professional services in Southwest Florida, GradyMinor has established an excellent rapport with the local regulatory agencies and their staff. Our experience and knowledge of their requirements and tendencies can be put to use to prepare submittals and responses that contain appropriate information and levels of detail that may help eliminate extensive comments and questions by these agencies. GradyMinor's permitting experience on Collier County Park projects is depicted in the table below: Project Permitting Required ❑ iU) p U Q a W © a-12 [I] U a C, (DLL U cn ti U {� LL_ Margood Harbor Park x x x x x x 951 Boat Ramp Parking Lot x x x x x Bluebill Avenue Beach Access x x x x x Bayview Park Phases II R Ili x x Port of the Islands Boat Ramp Park X x x Tigertail Beach RestroomlDune Walkover x x x Sugden Park x x x x x Vanderbilt Beach Park x x x x Gordon River Greenway Park x x x x x x x Clam Pass Tramway x x Eagle Lakes Park x x x x Max Hasse Community Park x x x x Mackle Park x x x East Naples Community Park x x x x x Panther Park x x Pepper Ranch x x Golden Gate Community Park X X x Veterans Park x x Immokalee Airport Park x x x Big Corkscrew Island Regional Park x x X x X X X Maintenance of Facilities During the design phase, it is critical that the GradyMinor Team designs according to specified equipment and material that will minimize maintenance effort and costs for County staff. Vile will strive to provide facilities that have long lives and require little maintenance as it is our tax money that will suffer if we do not. Additionally, we have worked with Collier County for over 20 years and we know that we must specify equipment and material that will not result in negative feelings towards GradyMinor or we will not be working with Collier County for the next 20 years. Our past experience with Collier County facilities has taught us that County staff prefers Musco Collier County RFP 16-6622 TAB 11I-15 k "' 239-947-1144 GradyMinor 239-690-4380 p ng i ncrring@grxdym innr.�am Light -Structure Green LED light fixtures due to the minimal maintenance they require and the extended warrantee they come with. Additionally, we are aware that the County is replacing a significant amount of metal light poles due to deterioration and corrosion at a significant cost. Therefore, we would recommend that concrete light poles are specified. Throughout the design of this project, we will be exceptionally mindful of every component of all facilities to ensure they have a long life span and require minimal maintenance. Lighting (Dark Sky) During the public meetings, the existing dark sky in the vicinity of the proposed BCIRP was a point of concern. The residents that live in Orangetree live there partially because it is not in a well lit area of Collier County. They enjoy the dark night skies and they appreciate the animals and birds that need darkness for hunting, gathering, and hiding. To minimize the harmful effects of light pollution lighting should only be on when needed; only light the area that needs it; be no brighter than necessary; minimize blue light emissions (blue light brightens the night sky more than any other color of light); and be fully shielded {pointing downward). The image below provides an easy visual guide to understand the differences between bad and good dark sky lighting. GradyMinor Team member Tom Hollis, P.E. is very experienced with the modern requirements to minimize the harmful effects of light pollution, specifically on park projects. Internal and External Connectivity Internal Connectivity The BCIRP is planned as a multifaceted park with various passive and active facilities in relatively close proximity to each other. As such, thought needs to g❑ into the integration and coordination between different functions and program elements of the park to ensure that the passive activities are not negatively affected by active activities. Segregating vehicles from nature trails, picnic pavilions, and relaxation/stargazing areas will help to protect those passive activities and make them a more enjoyable location. External Connectivity Connecting the park to existing public roadways is an obvious element of the design, but one that can't be overlooked. Increased traffic near the surrounding communities, Palmetto Ridge High School, and Corkscrew Elementary School are factors that need to be considered. The BCIRP does not have frontage on Immokalee Road or Oil Well Road, but is adjacent to Collier County owner property, notably the Collier County Fairgrounds with access to Immokalee Road. Access to Oil Well Road through the property previously owned by Bryan Paul was previously considered. In December 2014 GradyMinor prepared conceptual plans for a public road from Oil Well Road through Bryan Paul's property to the BCIRP. However, this option may be compromised due to the recent sale of a portion of Bryan Paul's property as the current proposed development conceptual design does not depict a public road from Oil Well Road to the BCIRP. Collier County RFP I6-6622 TAB II1-16 239-947-1144 0 GradyMinor 239.690.4300 engi neeringegrady m in o r.com In addition to connectivity to nearby major roads, connectivity to the surrounding communities via sidewalks and bike paths should be considered to encourage travel to the park by means other than vehicles with focus on opportunities for increased public access to the lake. Water and Wastewater Utility Service The BCIRP is currently within the Orangetree Utility service area, however Collier County is considering the possibility of taking over the Orangetree Utility, decommissioning the Orangetree treatment facilities and building the Northeast Utility Facility to the north of the BCIRP, which would require conveyance of flows from the existing Orangetree Utility facilities to the Northeast Utility Facility. Therefore, coordination is required with the Collier County Water and Wastewater departments to ensure their existing and future needs are met. Approach Our approach will revolve around puffing the residents and stakeholders first, while providing a sound engineered design and exceptional service to Collier County at an economical cost. Project Management GradyMinor's Project Management Policy is anchored around effective communication, exceptional performance, schedule control, and budget control. Effective communication between client and consultant is essential to success of a project. We believe in a proactive approach to starting up a project including extensive due diligence to realize what the necessary scope will be for a project. This due diligence begins with simple questions and answers with the client to try to peel back the layers of the project for a more complete understanding. This initial dialogue then allows the needs of Collier County to be met and creates a good atmosphere of shared knowledge and understanding. This helps to eliminate any misconceptions on requirements and it fosters a more open dialogue during the next phases of design and permitting. The sound communication already established by our familiarity with County staff, standards and codes, and likes and dislikes will set the ground work for a successful multi -phase project such as the BCIRP park. Additionally, having Tony Ruberto as project coordinator/liaison will bring a level of comfort and knowledge to this project that cannot be matched. Project performance is what keeps us in business. Our repeat and long term clients and contracts speak volumes for our project performance. We have become the "go to" firm for many clients who want to get the job done quickly, effectively, and efficiently. Our engineers are hands-on designers with an emphasis on problem solving, quality, customer service, and efficiency. GradyMinor prides itself on being timely in performance and to maintaining a project schedule. The development of the schedule will begin in the kick-off meeting with Collier County where the initial scope of the project is developed. Once this scope is refined and completed, the schedule will be provided with work order provided to the County. This schedule will highlight critical path elements and the responsibility of which party. As the project commences and moves forward, we will have internal Team progress meetings both on an informal and formal basis depending Collier County RIP 16-6622 TAB III-17 ,' D9.947-1144 GradyMinor = 239.690-4380 engineering@grady m inor.c om on the stage of the project. These internal meetings will provide the basis for regularly scheduled progress meetings with Collier County. GradyMinor believes one of the most important items in a public works project is to assist our client in developing a realistic initial construction cost estimate for the project. The recent uptick in the economy has now turned cost analysis into a difficult endeavor, as more contractors become busier with workload and less willing to try to obtain all work possible. We have taken the approach to informally discuss pricing with contractors, as allowed by law, to determine trending in unit prices. This has helped to focus on which items require additional scrutiny for budgetary purposes. With our experience, we can assist in providing bid alternates that will allow flexibility without altering the final product. Building Trust & Keeping Trust Building public trust and maintaining public communications throughout the project is one of, if not the most important feature of the Big Corkscrew Island Regional Park project. Folding the public into the project and the project's decision process will ensure that the resulting facilities are treasured by its users. The GradyMinor team is made up of nearly 40 Collier County employees. As a result, we are part of the public and our personal interest in the park will be very relatable to the public and will help to break down barriers between consultants and the public. Mike ❑elate, P.E., our proposed project manager, attended the December 1, 2015 public meeting for the BCIRP and listened to the questions and input from the residents. The public showed great passion for the Park and Paris elements. Our Team shares in this passion and we are excited about the opportunity to work with the County and the public to build the BCIRP. With a project of this magnitude and attention it may be advantageous to create a Project Website to provide a single source of information on the project. This website could be a standalone webpage, a subpage on the County's website, or a subpage of GradyMinor's website. The website would be a very valuable tool to communicate with the public and would provide information on the project, including the status of the project, project meetings, schedules, contacts, etc. An additional avenue to communicate and build trust with the public is via Collier County TV (Channel 57), which is operated by the County's Communication and Customer Relations Division. Collier TV provides the citizens of Collier County information on local government plans and services, facilities and projects, events and programs. A news segment and/or short video about the Big Corkscrew Island Regional Park project could be aired that would provide information on the project, including the project's status, project meetings, schedules, and contacts. Additionally, the video could be made available on the project informational website and the Collier TV's YouTube page (https://www.youtube.com/user/CollierGov). Collier County RFF 16-6622 TAB 1II-18 239-947-1144 GradyMinor 239.690-4380 engineer ing[fgradyminor.com Technical Approach Project Kickoff Following consultant selection for the Big Corkscrew Island Regional Park project, we will meet with the County's Project Managers/Staff to review GradyMinor's draft scope of services and fee. This includes the review of other consultant's scopes, work, and schedule to ensure we fully understand the County's needs, objectives, schedule and budget. We will begin work immediately to ensure the project's schedule is adhered to. Vile pledge to communicate regularly with the County; return phone calls and e-mails; attend all project meetings, work diligently; and provide accurate, economically feasible and constructible plans and specifications. Master Planning A multiyear, multi -phase project needs to be mapped out to assist with schedules, budgets, and to provide reassurance to the public that this project has been well planned. We understand that this project will be accomplished over many years and will be based on a Master Plan, once approved by the Collier County Board of County Commissions. While not specifically identified in the RFP advertisement, Park Master Planning assistance may be required to assist the County's current Master Plan consultant or provide a peer review. As a result we have included on our team Barth Associates, which is headed by David Barth, PhD, a nationally renowned Park Planner. If requested by the County, David's expertise could be utilized to meet broader community needs for sustainabiiity and resiliency in conjunction with the design of the park and provide guidance in designing the park as a High Performance Public Space (a space that generates economic, environmental, and social sustainabiiity benefits for their local community). Existing Conditions Survey GradyMinor's experienced in-house local survey crews will perform a detailed existing condition and topographic survey of the project site. GradyMinor has existing established control points along Immokalee Road, Oil Well Road, and Randall Boulevard. We do not need to complete long benchmark runs to begin acquiring data. Additionally, GradyMinor previously prepared a boundary of the park site and a bathometric survey for the lake, which Collier Count Real Property department used in the property ownership transfer. Our previous survey work on the BC1RP will result in cost savings and schedule efficiencies. Design GradyMinor strives to ensure each project has a long lasting positive affect on the community. GradyMinor will diligently work for and with the County Staff throughout the design phase to provide the best and the most economical design to satisfy the project requirements and to provide cast -effective operation and maintenance of the facilities. We encourage input from the individuals that will own, operate, and maintain a system after it is complete. We feel that input from staff at all levels can make an enormous difference to the long term satisfaction of a project. We are very open to listening to staff recommendations and will translate the recommendation into the project requirements to ensure the County staff receives the products they wanted. Collier County RFP 16-6622 TAB III-19 . 234.947.1144 0 GradyMinor 239.690-4380 e nR i neE F i ng®gradv min ❑ r.com Upon receipt of a notice -to -proceed for the design of a phase of the Big Corkscrew Island Regional Park, we will meet with the appropriate design team members to develop a schedule for the design. We proposed to complete the design for each phase of the BCIRP project in three design stages; 30%, 60%, 90%, and 100% stages. 30% Design The 30% design will depict the layout of the proposed improvements and facilities, plan view only. In addition to the design drawings, renderings of the proposed improvements will be provided for presentation purposed. Once all the data is gathered and 30% design drawings are drafted, the 30% design drawing will be provided to the County for review and comment along with an Engineer's opinion of probable construction cost. At the 30% design level, it is recommended that pre -application meetings are held with permitting agencies having jurisdiction over the project, including but not limited to FDEP, SFWMD, and the Fish & Wildlife Commission; and an informational meeting is conducted with the Commissioner for the District (District 5) that encompasses the BCIRP (Commissioner Nance). Fallowing the County's review, we will conduct a 30% plan review meeting to discuss the plans, review comments, and ultimately receive the approval to move forward to the next design stage. Additionally, per the promise made at the public meetings for the BCIRP, the 30% design will be presented to the public for input. 60% Design Based upon comments received from Collier County, the public, and the permitting agencies; GradyMinor will prepare the 60% design and update the renderings. The 60% design drawings will be provided with plan and profile views and an updated opinion of probable cost. The 60% design drawings will be submitted to Collier County for review and comments. Following the County's review, we will conduct a 60% plan review meeting to discuss the plans, review comments, and ultimately receive the approval to trove forward to the next design stage 90% Design Based upon comments received from Collier County, the public, and the permitting agencies; GradyMinor will prepare the 90% design and update the renderings. The 90% design drawings will be provided with plan and profile views and an updated opinion of probable cost. The 90% design drawings will be submitted to Collier County water distribution, wastewater collection, stormwater, transportation, and growth management departments for review and comments. Following the County's review, we will conduct a 90% plan review meeting to discuss the plans, review comments, and ultimately receive the approval to move forward to the next design stage Quality Assurance/Quality Control GradyMinor believes that quality assurance and quality control (QAIQC) is an essential component on every project. An experienced set of eyes reviewing a project in detail before it is put out to bid can improve the constructability of a project while decreasing construction costs and potential change orders. In addition to QAIQC reviews by one of our seven (7) in-house Collier County RFP I6-6622 TAB I11-20 ;,. 239.947.1144 GradyMinor 239-690.4380 enginecring@gradvminor.com local Professional Engineers; all projects are reviewed by GradyMinor's Construction Engineering and Inspection Group manager Rick Featherstone, G.C. Rick is a licensed General Contractor with over 35 years of experience in SW Florida. Rick is an invaluable last set of eyes with a proven track record on Collier County projects. Additionally, Tony Ruberto will be integrated into the review process to ensure the design fully considers the County's needs. 100% Design Upon receipt of any 90% review and permitting comments, GradyMinor will finalize the plans for bidding and subsequent construction. An engineer's opinion of probable construction cost will accompany the 100% Design Submittal. Fallowing the County's review, we will conduct a Final Design plan review meeting to discuss the plans, review any final comments, and ultimately receive the approval to move forward to the bidding stage. Permitting At the 90% design stage, GradyMinor will prepare the required permit applications and supporting documentation. GradyMinor anticipates the following permits: rA Master Individual Dewatering (40E-2.301 F.A.C,) from the SFWMD. A Dewatering Plan will be created in support the master dewatering permit. yAn Individual Permit Modification to the Orange Tree SFWMD Permit :A Notice of Intent (NOI) to use the Generic Permit for Discharge of Ground Water from ❑ewatering Operations, per Rule 62-621.300(2), F.A.C. from the FDEP. ;>A US Army Corp of Engineers Environmental Resource Permit from the US Army Corp of Engineers and South Florida Water Management District. The US Army Corp of Engineers will Public Notice this project, as a result agencies such as US Fish and Wildlife Service will comment on wildlife concerns/requirements. vAn Application for a Specific Permit to Construct PWS Components (form 62-555.900(1)) from the FDEP. Not ification/Application For Constructing A Domestic Wastewater Collection/Transmission System (form 62-604.330(8)(a)), YCollier County ROW permit for portions of the project that affect County roads. Opinion of Probable Project Cost It is important in all projects to provide accurate opinions of probable construction cost throughout the design phase and at completion of final design. These estimates allow adjustments to be made to the design to account for established budget. We will utilize a combination of sources in developing our opinions of probable construction cost. These sources include previous bids received on similar projects (both our projects and other County Collier County RFP 16-6622 TAB i11-21 projects) and discussions and estimates from Manufacturers, etc.). Bidding Phase 234.947-1144 GradyMinor 239-690.4380 engirice-ring@gradyminor.com independent sources (Contractors, Based on Collier County's approval to proceed to the bidding phase, GradyMinor will provide Collier County the Contract Documents in M5 Word and/or PDF format (as applicable) for bidding by the Collier County Purchasing Department. Contract documents will include drawings, specifications, bid schedules, and any documents pertinent to bidding, such as geotechnical reports. GradyMinor will assist the County with the following: Y Preparing addenda, as required, to interpret, clarify, or expand the Bidding Documents. ]-Advise the County as to the acceptability of the contractor and subcontractors, suppliers and other persons and organizations proposed by the Prime Contractor. ➢Consult with the County concerning and determine the acceptability of substitute material and equipment proposed by the Contractor when substitution prior to the award of contracts is allowed by the Bidding Documents. ➢Attend a pre-bid/quote conference ➢Attend the bid opening. ➢Review bids and Contractor qualifications. ➢Provide a recommendation letter of award. Construction Administration Direct and effective communication is critical on all phases of a project; this is especially important during the construction phase. GradyMinor's experienced inspectors and engineers will stay in close communication with the Contractors), Collier County staff, County Risk Management, Neighborhood Association, residents, schools, and businesses. Provided on the following pages are firm profiles for our proposed Team. Collier County RFF 16-6622 TAB I11-22 GradyMinor Services: Lead Consultant Project Management Civil Engineering Bonita Springs: 239-947-1144 Fort Myers 239-690-4380 engineering@gradym inor.com Address: 3800 Via Del Rey Bonita Springs, FL 34134 www.gradyminor.com Firm Profile Q. Grady Minor & Associates, P.A. (GradyMinor) has been practicing Civil Engineering, Land Surveying, Planning and Landscape Architecture in Collier County for 34 years. Our clients include Collier County, City of Naples, Lee County, Bonita Springs Utilities, Inc., City of Bonita Springs, City of Fort Myers, numerous Community Development Districts, and private developers. We have a staff of over forty (40), nearly half of which live in Collier County; including seven (7) Professional Engineers, a Professional Surveyor and Mapper, a Certified Planner, a Landscape Architect, three (3) Engineer Interns, eight (8) Engineering Technicians, Administrative Assistants, five (5) Survey Crews, Survey Technicians, and Field Engineers. We recently ranked number one on the selection of engineering firms by Collier County for their 2014 fixed term contract. We competed against 72 other firms. GradyMinor believes that the success of any project relies on our ability to communicate directly and effectively with all other parties involved in the process, including County Staff, Contractors and the General Public. This communication serves to establish appropriate expectations of all involved and aids to foster the team environment that can be put to use to overcome challenges that may arise during a project. Furthermore, GradyMinor prides itself on client service and will always strive to perform in the best interest of our client, both in the present and in the future, and will represent the County respectfully throughout the process. Collier County RFP 16-6622 Proiect Role GradyMinor will serve as the Lead Consultant and Civil Engineer for the Big Corkscrew Island Regional Park project and will perform the following services: Infrastructure Identification ➢ Site Design and Permitting ➢ Stormwater Design and Permitting ➢ Transportation Design and Permitting ➢ Utility Design and Permitting Project Management ➢ Quality Assurance/Quality Control ➢ Construction Administration. GradyMinor Profile Key Personnel Mike Delate, P.E. Mike, a Collier County resident with over 27 years of engineering experience in Collier County, will serve as the Project Manager for the Big Corkscrew Island Regional Park project. Mike has extensive local Collier County knowledge and has served as the project manager for over fifteen Collier County Park projects. Mike will oversee the work, supervise the personnel assigned to each task, and provide technical expertise. Mike will coordinate directly with the County and the entire project team. Mark W. Minor, P.E. Mark, a Collier County resident, is the president of GradyMinor and has been with the firm since graduating from College 30 years ago. In addition to running the business, Mark continues to manage his own engineering projects. Mark will oversee the negotiation of the contract between GradyMinor, Sub -consultants, and Collier County and he will ensure all contract obligations are met. Tony Ruherto, PM Tony, a Collier County resident, worked for Collier County as a Sr. Project Manager in the Collier County Parks and Recreation Department for over 13 years. Tony will serve as the Project Coordinator/Liaison and will bring a level of knowledge to the BCIRP project that cannot be matched. Tony's experience as the senior project manager for the County's North Collier Regional Park will be invaluable to the BCIRP project. He was also the original PM for the BCIRP and Gordon River Greenway park. Justin Frederiksen, R.E. Justin, a Collier County resident with over 15 years of engineering experience in Collier County, will serve as the Assistant Project Manager and Utility System Designer for the BCIRP project. Justin will assist Mike Delate on overseeing the project and provide technical expertise in utility design. Just served as the Deputy Utilities Director of the City of Naples for nearly 5 years and is very knowledgeable on the operation of a utility system. 239-947-1144 GlradyMlnor 239.690.4380 engineeringCgradyminar•com Frank Feeney, P.E. Frank, a senior project engineer with over 15 years of experience on a variety of Municipal Projects in SIN Florida, will assist Mike with the Stormwater Design and Permitting on the BCIRP project, Frank has served as project engineer on a variety of Collier County projects that included overseeing the survey, engineering design, generation of plans, project permitting, bidding services, cost estimating, construction inspection, project start-up and final project close-out. R. Daniel Flynn, P.E. Daniel's MDT and transportation design background includes a variety of projects ranging from minor resurfacing/widening projects to the design of Limited Access Facilities throughout the state of Florida. Daniel will assist Mike with Transportation Design for the BCIRP project. Daniel's engineering experience includes MOT design, horizontal and vertical geometry designs, super -elevation layouts for roadways, and sidewalks and intersection projects. Rick Featherstone, G.C. Rick manages GradyMinor's CEI Group and is a licensed General Contractor with over 35 years of experience in SVII Florida. Rick will provide QAIQC services for the BCIRP project. Rick is a valuable last set of eyes that checks for constructability and economic feasibility. Rick has been the construction inspector on countless Collier County projects. He is well known for not only discovering issues, but providing resolutions to them. Donald Saintenoy, P.S.M. Donald Saintenoy, P.S.M., GradyMinor's survey department manager has over 12 years of experience in Collier County, will serve as the Surveying Manager for the BCIRP project. Donald has degree in Geomatics (surveying) from the University of Florida and is a licensed Professional Surveyor and Mapper in Florida. Donald recently prepared the boundary survey for the BCIRP site, His expertise runs across the discipline and includes directing survey field crews on data collection for design surveys, boundary and construction surveys. Collier County RFP 16-6622 GradyMinor Profile VICTOR J. LATAVISH ARCHITECT, P.A. Services: Architectural Design Address: 4100 Corporate Square Naples, Florida 34104 www.latavish.com Firm Profile Victor J. Latavish Architect, PA, (VLA) specializes in the design of civic architecture and recreational facilities. The firm was established in 1989 and has designed over 100 local governmental building projects, including community centers, park pavilions, boardwalks, concessions, picnic shelters, and an aquatic center with a 25 meter competition pool, family pools, and Interactive Water Feature splash pad. VLA is very familiar with Collier County properties, staff, and Vertical Standards requirements for durable materials and ease of maintenance. Recent projects for Collier County include facilities at the following parks: Y Eagle Lakes Community Park ➢ Margood Harbor Park ➢ Max Hasse Park ➢ Sugden Regional Park ➢ Vanderbilt Beach Park For the Big Corkscrew Regional Park project, we propose the same staff and team of subconsultants utilized for these projects. Project Role Victor J. Latavish Architect, P.A, will serve as the Architect for the Big Corkscrew Island Regional Park project, Architectural design will include mechanical, electrical, structural, and plumbing professional services. Collier County RFP 16-6622 Key Personnel Victor J. Latavish, AIA, Principal Victor is a Collier County resident with 32 years of experience as a licensed Architect, including 26 years as a firm Owner in Naples. He will personally provide hands-on project management throughout design and construction. Michael E. Thomas, Senior Associate Michael has 34 years of specialized technical experience as a Construction Administrator and 25 years experience in AutoCAD Contract Document preparation. Michael will perform the AutoCAD design work for all architectural elements of the Big Corkscrew Island Regional Park project. Awards Victor J. Latavish Architect, P.A. received the AIA Firm of the Year Award from the Southwest Florida Chapter of the American Institute of Architects in 2008. Additional AIA Awards include: ➢ 2013 Test of Time Honor Award 2013 Honor Award for Excellence in Design 2012 Test of Time Honor Award ➢ 2011 Honor Award for Excellence in Design ➢ 2011 Presidents Award y 2008 Honor Award for Excellence in Design ➢ 2006 W. R. Frizzell Medal of Honor ➢ 2006 Presidents Award ➢ 2003 Honor Award for Excellence in Design Victor Latavish Profile VICTOR J. LATAVISH ARCHITECT, P.A. Victor J. Latavish Architect PA has built a reliable track record of delivering projects on -budget for Collier County Government and other institutional clients. Follows is a partial list of our Collier County Parks and Recreation projects: Biuebill Avenue Beach Access Caxambas Park Clam Pass Park Eagle Lakes Community Park Public Restroom Facility Dockmasters Building Tramway Station Community Center Maintenance Building Swimming Pool Complex (in design) Pool Equipment Building Main Pavilion, Restrooms, Showers Lifeguards Building Pool Pavilion & Shade Structures East Naples Community Park Community Senior Center Golden Gate Community Park Picnic Pavilion & A©A Renovations Gordon River Greenway Park Margood Harbor Park Max Hasse Park Pelican Bay Park Sugden Regional Park Tigertail Beach Park Vanderbilt Beach Park Construction Admin. Services Interpretive Center Reconstruction Picnic Pavilion & Gazebo Maintenance Building Community Room & Fitness Center Main#. Bldg & Racquetball Court Park Rangers Station Picnic Pavilions Main Restroom Pavilion Lake Pavilion Family Restroom Maintenance Building Sailing Center Water Ski Building Concessions Building Memorial Kiosk Guardhouse & Site Improvements Boardwalk Replacement Public Restroom Facility Victor Latavish Profile IRLDESIGN STUDIOS Services: Landscape Architecture Address: 1020 8t" Avenue South Naples, FL 34102 www.irl-design.com Firm Profile JRL Design Studios (JRL) is an established Landscape Architectural firm that has been based in South Florida since the 1970's. The main office is located in Naples, Florida. The firm has been involved with some of the largest and most comprehensive projects in South Florida both on the East and West Coasts, Recent inclusions are Pelican Bay; Pelican Landing Master Plan; Edison Community College Student Center; Mary Jo Sanders Inspirational Garden; Wyndemere Master Plan; The Naples Bay Resort and Cottages; The Moorings Park Campus and Healing Garden; the Mornings Park Grey Oaks and Arlington Assisted Living Campuses. Throughout our firm's history is a focus on parks such as Golden Gate Community Center, Pelican Landing Open Space Master Plan, Manatee Park, Eagle Lake Park and Markle Park Renovation on Marco Island. The firm's design philosophy over the many years of practice since the early 1970's has remained constant. JRL combines technology, creativity, practicality, innovation and appropriateness in all of their design efforts. The services we bring to our clients are aimed at achieving their programmed goals; meeting their budgetary and scheduling constraints and reducing their project related stress through our experience, knowledge, responsiveness and promptness. The firm has created gardens and intimate spaces to a high degree of excellence that contribute to a better quality of life. Our work is sensitive to the site, the client's program and the environment; the result is a beautiful and lasting design for people to enjoy as a place to work, play, live and learn. We seek to exceed our client's expectations and positively impact their experience. Project Role JRL Design Studios will serve as the Landscape Architect for the Big Corkscrew Island Regional Park project. JRL Design is confident of our experience and ability to serve on the team for Corkscrew Regional Park and to meet all the requirements in a timely, effective and efficient manner. Collier County RFP 16-6622 JRL Profile LAIC[ �4 r Collier County RFP 16-6622 DESIGN C1 JRL sruoios Key Personnel John P. Ribes, FASLA John, a Collier County resident with over 26 years of experience in SW Florida, will serve as the Landscape Architect for the Big Corkscrew Island Regional Park project. John has extensive knowledge of the native tropical plant materials in Collier County and he strives on every project to formulate a design approach that integrates the site with the environment and the imagery of SW Florida. Comprehensiveness and thoroughness defines the approach John brings to all of his project involvements. In the design process it is reflected in appropriateness, environmental responsiveness, technical expertise, attention to detailing, field expertise, construction knowledge and contractual understanding. Thomas Mead Tom, a Collier County resident, holds a degree in landscape architecture and has over 4 years of experience in Collier County. Tom will serve as the Landscape Designer for the Sig Corkscrew Island Regional Park project. Tom will assist John on the landscape architecture design. Awards JRL has received several awards on their projects in recent years including the following: Y FNGA Award of Excellence — Interiorscapes ASLA Award of Excellence — Tiburon Golf Landscape ➢ ASLA Award of Honor — Innovative Design Approach FASLA Award of Merit — Pelican Landing Landscape Master Plan r ASLA Award of Honor — Pelican Bay IRL Profile VCOLLIFR ENVIRONMENTAL (I)NNULTANTS Lys% 3SOO Este} A%rnoe Napkes. FL 34103 Services: Environmental Address: 3880 Estey Avenue Naples, FL 34104 Firm Profile Collier Environmental Consultants Inc (CECI) was established in 1996. Its principle, Marco Espinar worked for Southwest Florida Water Management District and Collier County prior to opening CECI. CECI is a full service environmental consulting firm. CECI provides wetland jurisdictional determinations, permitting, vegetation wildlife surveys, mitigation monitoring plans, and various other environmental consulting and planning services for developments. CECI has experience dealing with numerous federal, state and local regulatory agencies. CECI has also specialized in Red -cockaded woodpecker surveys and gopher tortoises. CECI can conduct gopher tortoise surveys, testing for URT❑ (upper Respiratory Tract Disease), excavation and relocations. Marco Espinar has served on numerous boards including Collier County's Environmental Advisory Council, Development Services Advisory Board and Conservation Collier. CECI provided environmental services on the following Collier County projects: ➢Sugden Regional Park ➢East Naples Community Park ➢Gordon River Greenway Park ➢Big Corkscrew Island Fire Station ➢Big Corkscrew Island Regional Park ➢Lake Trafford Restoration ➢Esperanza Place Affordable Housing >Century Park ➢Copeland Area Rezoning Proiect Role Collier Environmental Consultants Inc. will serve as the Environmentalist for the Big Corkscrew Island Regional Park project. As a part of the GradyMinor team, CECI provided environmental services for the BCIRP's 2010 project to design, permit, and construct a canoe/kayak launch, parking area and walkway around Big Corkscrew Lake. CECI's existing experience on the BCIRP and project nearby, including the Big Corkscrew Island Fire Station will translate into efficiencies on the current BCIRP project. Collier County RFP 16-6622 Collier Environmental Profile Awards Marco Espinar received Collier County's Advisory Committee Outstanding Member Award and was appointed to the Collier County Environmental Advisory Board. Additionally, Marco was appointed by the Board of Collier County Commission and currently serves on the Development Services Advisory Committee and the Land Development Code Sub -Committee. k Collier County RFP 16-6622 Collier Environmental Profile 1 ■f is Hollis Engineering Consultants, Inc. Vldny Valuation. Solar EItc lrltal Lgmmg d Power Qe5rgo Services: Lighting & Electrical Design Address: 16900 Colony Lakes Blvd, Fort Myers, FL 33908 Firm Profile Formed in 2004 by Tomas E. Hollis, P.E., Hollis Engineering Consultants, Inc. (HEC) specializes in the design of electrical power, lighting, roadway lighting, and fire alarm, solar photovoltaic applications in municipal, commercial, and residential. Additionally, HEC provides ❑nsite inspection of Transmission and Distribution facilities for electrical utility valuation projects. HEC provided lighting and electrical design on the following Park projects: ➢Gordon River Greenway Park ➢Max Hasse Community Park ➢Pelican Say Community Park ➢East Naples Community Park ➢Gateway Soccer Fields ➢Estero Community Park HEC is very experienced with the modern requirements to minimize the harmful effects of light pollution. Additionally, HEC believes in the "Dark Sky" initiative to only light what needs to be lighted; design outdoor lighting that is only as bright as necessary; design lighting systems to minimize blue light emissions; and to fully shield lighting from upwards pollution. Project Role Hollis Engineering Consultants, Inc. will serve as the Lighting & Electrical Engineer for the Big Corkscrew Island Regional Park project. Awards Mr. Hollis has received numerous awards from the Florida Engineering Society of which he was made a fellow in 1988. He was recognized for Outstanding Service to the Engineering Profession in 1984 and 1992 and as Chapter Engineer of Year in 1977. Key Personnel Tom Hollis, P.E. Tom has more than 48 years of local Southwest Florida experience in the field of electrical engineering and project management, Mark will serve as the Lighting and Electrical Engineer for the Big Corkscrew Island Regional Park project. Tom has extensive experience in designing lighting and electrical systems for municipal and commercial projects throughout SW Florida Collier County RFP 16-6622 HEC Profile LEATHERS !1 Services: Playground Design Address: 725 North AIA Jupiter, FL 33477 www.leathersassociates.com Firm Profile Founded in 1911 by Robert S. Leathers, Leathers & Associates (Leathers) has more than 44 years of experience creating custom -designed inclusive playgrounds. Leathers is a family business with 16 staff members with more than 220 years of combined experience. Leathers recently completed the stunning all-inclusive Cambier Park playground for the City of Naples Cambier Park and has completed more than 3,200 projects which can be found in all 50 states as well as seven other countries. All of Leathers' designs meet or exceed the ASTM, CPSC, and ADA recommendations and requirements. Owner and president for over 15 years, Marc Leathers, volunteers on the ASTM committee which helps create safety standards for public playgrounds. Upon completion of every project, one of our Certified Playground Safety Inspectors will inspect and certify that the playground meets these recommendations and guidelines. During our staff retreat, we provide professional training to our entire staff on accessibility and all-inclusive playground design. Our staff continually monitors current trends and developments in all-inclusive play. Over the years we have completed numerous complex projects that ranged from science centers, zoos and teen centers to very large all-inclusive fully -accessible playgrounds. We feel strongly that our team has the experience and abilities to provide Collier County with the very best customized all-inclusive playground. Proiect Role Leathers & Associates will serve as the Playground Designer for the gig Corkscrew Island Regional Park project. They have the experience and knowhow to provide an original and awe inspiring playground design that will make the Big Corkscrew Island Regional Park a destination, Collier County RFQ 16-6622 Leathers Profile Key Personnel Marc Leathers, President Marc is the President and owner of Leathers and has worked at Leathers for 36 years. As a hands- on owner, Marc is involved in all aspects of the company from design through project management and construction. In a team working environment, he works hand -in -hand with his staff to insure the firm is providing top notch design solutions and services to meet client needs. Jane Holman, Designer/Project Manager Jane's 35 years of architectural and design background, coupled with her creative energy, make her an exceptional designer. Jane has personally project managed and designed hundreds of playgrounds across the United States. .lane will serve as the lead designer and project manager for the Big Corkscrew Island Regional Park project. Jim Houghton, Art and Safety Consultant Jinn Houghton is an integral part of Leather's creative design team. In addition to being a gifted designer, he is also a talented artist and project manager. Jim specializes in creating all-inclusive play spaces. His playground creations have earned numerous awards for their design and inclusiveness. He is a nationally certified playground safety inspector (CPSI) and knows the safety standards and guidelines that apply to today's playgrounds. Jim will assistant with designing, provide safety reviews, and provide input on special feathers and art consultant for the Big Corkscrew Island Regional Park project. Kyle Cundy, Project Manager/Special Features Art Consultant Kyle worked for ten years directly with Leader's founder and nationally acclaimed architect, Bob Leathers. During that time she was trained in project management, community organizing and assisted with designing. Kyle will provide project management assistance, design guidance for playground special art features, and lead community involvement. LEATHERS !i Doug Hanauer, Construction Supervisor Doug is one of Leathers most experienced construction consultants with more than 29 years of playground building under his belt. Doug is a nationally certified playground safety inspector (CPSI) and knows the safety standards and guidelines that apply to today's playgrounds. Doug will provide design QA/QC and construction supervision on the Big Corkscrew Island Regional Park project. Awards Leathers has received numerous design awards over the years. They have been featured in major publications (Time, Smithsonian, People, etc), as well as featured on popular TV productions such as Sesame Street and Mister Rogers' Neighborhood. Our all-inclusive playground, Matteo's Dream in Concord, CA was featured in this year's Rose Bowl Parade and received the tournament Special Trophy. Just prior, Leathers & Associates had five of its playgrounds recognized in the Top 30 most impressive accessible and inclusive playgrounds in the world as selected by special-education- degree.net, with Tatum's Garden (Salinas, CA) featured at #2 and Shiver Me Timbers (Lake Charles, LA) at #1. Collier County RFQ 16-6622 Leathers Profile Aquatic'666666666 Design .�1'::: Engineering6.6 Services: Pool Design Address: 189 South Orange Avenue Orlando, FL 32801 www.adedesign.com Firm Profile Our mission is to be a world -class aquatic firm that sets the standard in providing innovative and timeless design coupled with comprehensive and enduring engineering solutions for development partners. We always start with our mission statement, which is written above. Those 29 words are much more than just words to Aquatic Design & Engineering (ADE) — they form the statement that guides our work each day. During our more than 28 years as a company, ADE has been privileged to design some of the most spectacular aquatic features in the world as well as water features in our own backyard. We are blessed with the trust and confidence of the clients that select us because without these committed owners and skilled consultant partners, we could not accomplish what we do. Since 1987, we have designed more than 2,999 successful aquatic projects. Some of these include the North Collier Regional Water park, the Naples Eagle Lakes Community Center, the Orlando YMCA aquatic play area, the Naples Beach & Golf Club, nearly 100 aquatic features for Walt Disney World Resorts, dozens of Marriott Vacation Properties, various Caribbean resort aquatic properties including the Four Seasons and Ritz Carlton, marquee city centers that exhibit show fountains and interactive water features, and other aquatic projects from water parks to community aquatic facilities and all sorts of water in between. At each project, we learned the value of teamwork. Because of our large-scale project experience, we understand the value of regular and on -going coordination, and we apply that to every job we take on, large and small. We understand and appreciate the high level of design and construction implementation required for a project to achieve in order to provide a world -class amenity. Protect Role Aquatic Design & Engineering will serve as the Pool Designer for the Big Corkscrew Island Regional Park project. The designers at ADE are passionate aquatic designers that strive to deliver extraordinary results every. Key Personnel Ken Martin, Founding Principal Ken founded Aquatic Design & Engineering (ADE) in 1987, and is recognized as a world -class aquatic designer and engineer. Ken will provide expert design review and assistance an the Big Corkscrew Island Regional Park project. Additionally, all ADE's designs are reviewed by Ken to ensure constructability, design innovation, and cost effectiveness. Jonathan Toays, Studio Director Jonathan is an expert in aquatics and has the skills to solve complex challenges in each phase of design, from concept to completion. Jonathan will oversee and provide direction on the design of the Big Corkscrew Island Regional Park project. Johnathan excels at facilitating communication between members of the design team and his attention to detail has is critical. Awards ADE has received numerous design awards over the years including Aquatics International Dream Designs for 2012-2015. Collier County RFP 16-6622 Aqua Design Profile 41OW-40* �10 4"' f 4 .r Aquatic"',.,, Design &' „ , Engineering &% Representative Project List Eagle Lakes Community Center The Eagle Lakes Community Center provides a full offering of aquatic amenities to Collier County residents. Amenities include a twin water slide, zero -entry wading pool complete, wet play structure with slides, sprays and a dump bucket: and eight lane competition lap. North Collier Regional Park This 20 acre multi -million dollar development was funded by Collier County. This waterpark features major attractions such as a waterslide tower, lazy river, adult swimming pool, and children's pool with an interactive water feature. For this project's lazy river, waterslide tower, pool area, and water features, ADE provided hydraulic, structural, filtration, and chemical system design and engineering services, South Tampa YMCA As a non-profit organization, the YMCA has been able to provide resources to those who might not be able to afford them otherwise. The YMCA South Tampa sought to provide pools that would add to the amenities offered by this Tampa, Florida community facility. ADE designed a therapy pool, a lap pool, and an activity pool with a log walk, wet play structures, and a waterslide. For this project's aquatic amenities, ADE provided hydraulic, structural, filtration, and chemical system design and engineering services. Collier County RFP 16-6622 Aqua Design Profile ca INNOVATIVE ENGiNEENdG SOLUTIONS Services: Geotechnical Engineering Address: 2224 Trade Center Way Naples, FL 34109 www.foraeen-g.com Firm Profile Forge Engineering, Inc. (FORGE) is a fully licensed and insured engineering consulting and materials testing firm located at 2224 Trade Center Way, Naples, Florida 34109. FORGE has been serving the public and private sectors since 1996. The three principals of the firm have over 90 years of combined experience performing engineering and inspection services in the State of Florida, with over 75 years in Collier County. FORGE currently owns and staffs personnel to operate two drilling rigs and has the only full -service materials testing laboratory in Collier County. As a subconsultant to GradyMinor, FORGE performed the geotechnical investigations for the 2010 Big Corkscrew Island Regional Park project. FORGE is very familiar with the proposed park site and possess a significant amount of data already gathered concerning the subsurface conditions. FORGE's personnel are some of the most experienced engineers and engineering technicians in the Southwest Florida area with years of local experience on projects ranging from high-rise condominiums/hotels to garage structures to airports to utilities and roadway projects. FORGE's principals always apply their expertise to provide their clients complete successful, cost effective and timely projects. They look at each project as a challenge to find and provide sound engineering recommendations while maintaining as much cost savings as possible for our clients. Project Role Forge Engineering, Inc. will serve as the Geotechnical Engineer for the Big Corkscrew Island Regional Park project, Key Personnel Matt H. Nolton, P.E. Matt is a Professional Engineer and the CEO of Forge Engineering, Inc. Matt will serve as the Geotechnical Engineer for the Big Corkscrew Island Regional Park project. He has worked and lived in Southwest Florida since 1975. His expertise is in the fields of construction, inspection, forensic engineering, construction materials, and geotechnical engineering. Over the past 25+ years, he has been involved with various aspects of many large projects throughout Florida, including Southwest Florida International Airport in Fort Myers, Florida. Richard Lundberg, P.E. Richard is a Professional Engineer and Vice - President of Forge Engineering, Inc. Richard will assist Matt in Geotechnical Engineering and provide QAIQC on all geotechnical reports. His expertise is in the fields of construction, inspection, forensic engineering, construction materials, and geotechnical engineering. Awards FORGE received a US Institute for Advancement of Trade and Commerce Excellence Award along with a "Best of the Business" award from Gulfshore Buisness Magazine in 2015. Additionally, FORGE received a Diamond Level award for Construction & Engineering from the Florida Community Association Journal in 2015. Collier County RFP 16-6622 Forge Profile *Barth Associates PUBLIC REALM PLANNING, DESIGN, AND FACILITATION Services: Park Planning Address: 10030 SW 52nd Road Gainesville, FL 32608 www.harthassoc.com Firm Profile Barth Associates, LLC (Barth) was founded to help communities "harness the power" of their parks and recreation system to become more resilient and sustainable. A parks and recreation system can comprise as much as 50% of a community's land mass, and a well -planned, designed, programmed and maintained system can generate numerous economic, social and environmental benefits for the community. The experienced professionals at Barth have led the development of over seventy (70) Parks and Recreation System Master Plans for communities throughout the United States including Washington D.C, Miami -Dade County, Norfolk VA, Raleigh NC, and downtown San Diego CA. Barth's president, Dr. David Barth is a registered Landscape Architect, Certified Planner, and Certified Parks and Recreation Professional who specializes in the planning, design, and implementation of the public realm. He has led the planning and/or design of hundreds of parks and trails including Orange County's West Orange Trail, Martin County's Indian Riverside Park, and the City of Kissimmee's Lakefront Park. David is also a nationally -recognized author and speaker on parks and recreation issues. Currently Barth is leading parks and recreation master plans for Sarasota County, St, Johns County, Orange County, Naples, Palm Beach, Cape Coral, North Port, and Venice. Project Role Barth Associates, LLC will serve as the Park Planner the Big Corkscrew Island Regional Park project, if required. • �V- Master Plan Z Awards Barth Associates, LLC has received numerous awards for park planning including an Award of Excellence (2011 Florida APA); Focused Issue Planning Award (2010 San Diego AA); and Award of Honor (2006 Florida ASLA) Key Personnel David Barth, PhD David has over 35 years of experience in Florida in Park design and Park Planning. David will serve as the Park Planner on the Big Corkscrew Island Regional Park project, if such services are required. Collier County RFP 16-6622 Barth Profile Services: Agronomy Dan Morgan Address: 6003 Hammock Hill Avenue Lithia, FL 33547 www.turfkeei)ersfia.com Firm Profile Turf Keepers, Inc. is a commercial landscape and maintenance company that maintains over 1000 lawns and athletic fields Florida including Brandon Area Youth Soccer League, Blackwatch Soccer Club, Independent Day School and St. Lawrence School Hillsborough County School Athletic fields. Turf Keepers are responsible for sprigging and grow -in on the following athletic fields: University of Florida Field and athletic fields (1990, 1995, 1996), Raymond James Stadium (1998), Hillsborough County High School Football fields (1994. 1995, 1996), Sarasota High School baseball and softball fields (1996), Sarasota Riverview High School football field renovation (2000). Additionally, Turf Keepers is responsible for planting, growing -in and maintaining over 100 holes of golf at Sun City Center, Florida and Fort Benning, Georgia and consulted for the planting, growing -in and establishing of bermuda grass at the following golf courses: Gator Creek, Sarasota 1996, Highland Lakes 1995 and 1997 Golf Clue at Marco Island 1995, Kings Point, Delray 1993 and 1994 and four lawn bowling greens at Sun City Center in 1985 and 2000. Currently Turf Keepers is consulting on projects located in Collier County, Hillsborough County, Sarasota County, and Highlands County. Project Role Turk Keepers, Inc, will serve as the Agronomist for the Big Corkscrew Island Regional Park project, if required. Key Personnel Dan Morgan Dan has over 35 years of experience in Florida ias a consulting agronomist. Dan will serve as the Agronomist on the Big Corkscrew Island Regional Park project, if such services are required. Collier County RFQ 16-6622 Turf Keeper Profile Big Corkscew Island Regional Park - Design & Permitting GradyAlinor 0 ID Task Name Duration 5tar[ Finish 1ov'1 Dec'1 1an'17 Feb'1 r'1 M A '1 M May'1 1 n'1 lul'17 A g'1 Sep'1 Oct'i M Nov'1 ❑ ['1 lan'18 M Feb'7 ar'1 r'1 ay'1 tun '1 lul'18 '1 5 8 1 30%Design Documents Refine Master Plan Evaluate Site Issues Pre -Application Meeting Update Survey Neigborhood Meeting Board of County Commissioners 6D%Design Documents -Incorporate 30A Comments -Refine Site Plan and Design Elements Permit Submittals -SFWMD -USACE -FWC -FW5 90% Design Document -Prepare Detailed Plans -Internal QC/Team Coordination -Staff Review / Council Submittal (If Required) -CountySDP & Bldg. Permits -IDD% Plans Bidding/Construction Phase t12.18 mos) 62 days Mon 11/7/16 Tue 1131/17 89 days Wed 211117 Mon 6J5/17 133 days Mon 5/5/17 Wed 12/6/17 370 days Mon 6/5/17 Fri 11/2/18 370 days Mon 6/5/17 Fri 11/2/18 370 days Mon 6/5/17 Fri 1112/18 130 days Fri 9/1/17 Thu 3/1/18 64 days Thu 2/1/18 Tue 5/1/18 Thu 11/1/18 I _ _ _ __. _ __ —.-:1 1 1 s_ r _ 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Projea: Proposed Schedule Date: Tue 6114/16 Task Project Summary I Split Inactive Task Milestone ! Inactive Milestone Summary II Inacdw Summary f I Manual Task L _ _ StartbNy C Deadline Duration -only 1L __ 71 Finish -only 7 progress Manual Summary Rollup External Tasks Manual Progress 9 Manual sumrmry I" I External Milestone 1F Page 1 i • : 239-947-1144 GradyMinor -r: �, 239-690-4380 eng ineeri ng@V adyminor.co m Tab IV, Capacity, Availability and Responsiveness Established in 1981, GradyMinor has been providing a full range of services to the public and private sector for 35 years and. Our staff of nearly 50 includes seven (7) Professional Engineers, a Professional Surveyor and Mapper, a Certified Planner, two (2) Landscape Architect, eight (8) engineering technicians, Project Administrators, Engineer Interns, five (5) Survey Crews, and Survey Technicians. We have a mature and highly qualified team of support staff, who together with our Professionals, can provide all the services required to successfully complete the Services for RFP 16-6622 (Big Corkscrew Island Regional Park). Our Main Office located in Bonita Springs is within 20 minutes driving time of the County offices and the project site. We are a midsized local firm and are capable of very quickly adapting a scope to changes during design, without affecting the contract cost. A project as dynamic as the Big Corkscrew island Regional Park will have changes and the selected design team will have to adapt quickly to keep the project within the budget without negatively affecting the schedule. The responsiveness and efficiency of our Team will not be matched, especially by a large national or multinational company - Our Company and our sub consultants are committed to allocating the necessary manpower and resources to complete the Big Corkscrew Island Regional Park project on time and within budget. Our current and anticipated workloads will not affect our ability to serve Collier County. All of our project managers have company provided smart phones, the numbers for which will be provided to Collier County. We pledge to communicate regularly with the County; return phone calls and e-mails; be on time to meetings; work diligently; provide accurate, detailed, and economically feasible and constructible plans and specifications. With seven (7) of our local employees being Professional Engineers, eight (8) CAD technicians, and five (5) survey crews we have a large arsenal of highly talented professionals to work on the Big Corkscrew Island Regional Park project. We can easily accelerate a project by assigning more professionals. Additionally, the majority of our professionals have upwards of 15 years of professional experience locally. Collier County Parks and Recreation and Facilities Management has relied on quick and attentive responsiveness that GradyMinor has provided through the years. This responsiveness has resulted in a mutual respect and repeated requests to work on additional projects. GradyMinor has provided low cost and effective services and have become the "go to" firm because we get the job done, done well, and without hassle — from concept to site permitting to certification to permit closeout to warranty, All firms submitted to you can do the work, but we can do it better, faster, and more cost effectively. Collier County RFP 16-6622 TAB IV-1 239-947-1144 GradyMinor ""' '' • 239-690.4380 engineering@Exadyminor.cnm Tab V - References Collier County RFP 16-6622 Tab V-1 c0fler Caunu Administrative 5er Aces Depatrent Procurement services rhv1510r, Attachment 8: Reference Questionnaire ,ioucnauon: 'i a-baez trig L�orKscrew isiana ttegtonai earK Reference Questionnaire for: Big Corkscrew Island Regional Park RFP (Name of Company Requesting Reference Information) Q. Grady Minor & Associates, P.A. {Name of Individuals Requesting Reference Information) Name, Claude Nesbitt Company: Collier County Facilites Management (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: ClaudeNesbitt@colliergov.net FAX: Telephone: 239-252-2957 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firmlindividual again) and 1 representing that you were very unsatisfied (and would never hire the firmlindivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project description: Project Budget: Gordon River Greenway Park $359,745 Completion Date: 12131 /2914 Project Number of Days: 446 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 16 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abittity to manage risks and unexpected project circumstances. 16 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SORE OF ALL ITEMS 100 email jfredericksen@gradyminor.com Please FAX this completed survey to: By 6-13-2016 16-6622 Big Corkscrew Island Regional Park RFP CCNA Template_01202016 36 Carer County Administrative Services Depar4rrwe Fr ocum-ment Jemuir. ❑1vism Attachment 8: Reference Questionnaire Solicitation: 16-6622 Big Corkscrew Island Regional Park Reference Questionnaire for: Big Corkscrew Island Regional Park RFP (Name of Company Requesting Reference Information) Q. Grady Minor & Associates, P.A. (Name of Individuals Requesting Reference Information) Name: Clint Perryman Company: Collier County Coastal Zone Management (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: ciintonperryman a@colliergov.net FAX: Telephone: 239-252-4245 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firmlindivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." n ver Gr Park Project Description: urria OuMry m Completion Date: AJOI4 Project Budget W45 Project Number of Days: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 13 3 duality of work. 10 4 duality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, Final invoice, final product turnover; invoices, manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS too email Please FAX this completed surrey to: jfredericksen@grad]ICT]IT1ar.C011i - By 5-13-2016 16-6622 Big Corkscrew island Regional Park RFP CCNA Templa[e_01 202016 36 coler C4nmty Adminlstrabve Services DeparIment Procurement Services Dmslai Attachment 8: Reference Questionnaire Solicitation: 16-6622 Big Corkscrew Island Regional Park Reference Questionnaire for: Big Corkscrew Island Regional Paris RFP (Name of Company Requesting Reference Information) C. Grady Minor & Associates, P.A. (Name of Individuals Requesting Reference Information) Name Diana Dued Company. Collier County Water Sewer District (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email dianadueri@colliergov.net FAX: Telephone: 239-252-4218 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has fisted you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firmlindivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "d." Project Description: Project Budget: Gordon River Greenway Park $359,745 Completion Date: 12/31/2014 Project Number of Days: 446 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 16 3 Quality of work. 10 4 Quality of consultative advice provided an the project. 10 5 Professionalism and ability to manage personnel. 16 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 1 ❑ 16 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS ioa email jfredericksen@gradyminor.com Please FAX this completed survey to: By 6W 13-2016 16-6622 Big Corkscrew Island Regional Park RFP CCNA Templare_01202016 36 Cler County Adminzntive services Deparpri" Piaarreman[ Ser oca5 Division Attachment 8: Reference Questionnaire Solicitation: 16-6622 Big Corkscrew Island Regional Park Reference Questionnaire for: Big Corkscrew Island Regional Park (Name of Company Requesting Reference Information) Q. Grady Minor & Associates, P.A. (Name of Individuals Requesting Reference Information) Name: Elly McKuen Company: Bayshore Gateway Triangle Redevelop. Agency (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: ellymckuen@colliergov.net FAX - Telephone: 239-643-1115 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firmlindlvdival again). if you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scared "0." Project Description: Project Budget: Gordan River Greenway Park $359,745 Completion Date. 12/31 /2014 Project Number of days' 446 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule {complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 1 ❑ 6 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS iao email j �gray fredericksen d minor.com Please FAX this completed survey to: By 6-13-2016 16-6622 Big Gorksrrew Island Regional Park RFP CCNA Template_01202016 36 Coder Coxmty Admir1s"tve Services ❑epaftent ProcumernBht Servlcu5 Divi5loh Attachment 8: Reference Questionnaire Solicitation: 16-6622 Big Corkscrew Island) Regional Park Reference Questionnaire far. gig Corkscrew Island Regional Park RFP (Name of Company Requesting Reference Information) Q. Grady Minor & Associates, P.A. (Name of Individuals Requesting Reference Information) Name: Melissa Hennig Company: Collier County Conservation (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email. melissahennig@colliergov.not FAX. Telephone: 239-252-2957 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firmlindivdival again). If you d❑ not have sufficient knowledge of past performance in a particular area, leave it blank and the item or farm will be scored "6." Project Description: Project Budget: Gordon River Greenway Park $359,745 Completion Date: 12/31 /2014 Project Number of Days: 446 Item Citeria Score 1 Ability to manage the project casts (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 10 3 Quality of work. 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover: invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information cfearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 I Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS +oa email jfredericksen@gradyminor.com Please FAX this completed survey to: By 6-13-2016 16-6622 Big Corkscrew Island Regional Park RrP CCNA Tempia[e_01202016 36 !" ri I a Sllr it iNv 239-947-1144 GradyMinvr-''r=-i•rw r:239.690.4380 en& i neeri ng@Srad vm i n or.[om Tab VI — Acceptance of Conditions GradyMinor takes no exceptions to the general terms and conditions of RFP 16-6622. Collier County RFP 16-6622 Tab VI-1 ❑ �] : , :1..i 239-947.1144 GradyMinor 239.690.4380 engineering@gradymin o r.[a m Tab VII - Required Form Submittals ■ Signed Addendum No. 1 ■ Signed Addendum No. 2 ■ Attachment 2: Consultant Checklist ■ Attachment 3: Conflict of Interest Affidavit ■ Attachment 4: Consultant Declaration Form ■ Attachment 5: Immigration Affidavit & F-Verify Documents ■ Attachment 6-. Consultant Substitute W-9 ■ Attachment 7: Insurance Requirement ■ Attachment 8: Reference Questionnaire (See Tab V) Other: Licenses Collier County RFP 16-6622 Tab VII-1 ce zee Con- ty AclministmWe Services DWantmenl Pmcurameni Sen ices ❑ivm& ADDENDUMI Vlernorandum ]ate: May 18, 2016 =rom: Matt Catoe, Procurement Strategist ro: Interested Proposers subject: Addendum # 1 Solicitation: RFP 16-6622 Big Corkscrew Island Regional Park Email: MatthewCatoe@colliergov.net Telephone: (239) 252-8929 Fax: (239) 252-6421 the following clarifications are issued as an addendum identifying the following change (s) for the referenced ;elicitation: n Z ❑ pFe prnnnsal G049FORGe is Rot appli .able for this snliraita+inn A non -mandatory Pre -proposal conference will be heid on May 24 _2016, commencing promptly at 11:00 AM EST. held at Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, Ft_ 34112. •: Soticitation Deadline Date and Time: ,JUG; -2016, 3I,EST June 14, 2016, 3:OOPM, EST. Question: Since Stantec and ABB participated in previous work orders to complete the Big Corkscrew Island Regional Park Conceptual Master Plan, will they be precluded from participating in this solicitation as either a prime consultant or subconsultant? There prior role on this project would seem to give them an unfair advantage against any competition. Question Response: Per page 5 of the solicitation document: The Procurement Director has reviewed associated documents and meeting minutes prepared by both consultants and has taken the following action to mitigate and neutralize any conflicts, or perceived conflicts, by implementing the following action items: • The Procurement Strategist has Identified in this document [request for proposal] that both Stantec and Agnoli, Barber & Brundage had County short term and specific worts orders related to the Northeast Service Area I Big Corkscrew Regional Park; ■ The Procurement Director has modified the original Selection Committee membership; and, ■ All documents provided and created by both firms will be made available to any prospective consultants during the solicitation process at the following web address: https: //drive.google. co mlo pen? id=O B_l pVAYq_vI F Mkh HaFFyOnZEZF E. f you require additional information please post a question on the Online Bidding site or contact me using the above :ontact information.1 :c Margaret Bishop Please sign below d retu a copy of this Addendum with your submittal for the above referenced solicitation. 1 (Signature) a e J-1 Ae Q. Grady Min r & Associates, P.A. (Name of Firm) coley coty AdminisRaSve Services D"r1rnent Procurement Services Division Memorandum Date: May 20, 2016 Email: MatthewCatoe@colliergov.net Telephone: (239) 252-8929 Fax: (239) 252-6421 ADDENDUM 2 From: Matt Catoe, Procurement Strategist To: Interested Proposers Subject, Addendum # 2 Solicitation: RFP 16-6622 Big Corkscrew Island Regional Park The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: A non -mandatory pre -proposal conference will be held on May 24 2016 roMrReR P'g p Fornpti y at 1 1:nn M EST. held at Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. A non -mandatory pre -proposal conference will be held on May 27, 2016, commencing promptly at 9:00 AM EST. held at Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. cc: Margaret Please sign Belo and re urn a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Q. Grady (Name of Fi r & Associates, P.A. COW-.+O ko Date AddendumTernpfate Revised: 4115110 1 Cater CoUNty Administrative Services Deparhnent PromiVm •nt Services ❑ivisim Attachment 2: Consultant Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Consultant should check off each of the following items as the necessary action is completed: ® The Proposal has been signed. ® All applicable forms have been signed and included, along with licenses to complete the requirements of the project, ® Any addenda have been signed and included- ® The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Matt Catoe, Procurement Strategist CCNA Solicitation: 16-6622 Big Corkscrew Island Regional Park X The mailing envelope must be sealed and marker! with Proposal Number, Proposal Title and Due Date. © The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ® if submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, proposer will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER -DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Q. Grady Minor & Associates, P.A. mm com Mark W. Vinor. President Date�OKI 16-6622 Big Corkscrew Island Regional Park RFP CCINA TempIate_01202016 28 cdh, cou tSy A�,;rssbmwe s i o nm Po -,, mG.ar•-AWL Gti•:sicr� Attachment 3: Organizational Conflict Disclosure Affidavit The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with: Big Corkscrew Island Regional Park 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 1 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 / consultant 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 projeGt(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts c7lbPrning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) w ch elates to the project identified above has been fully disclosed and does not pose an organizational conflict, Firm: Q. Grady Minor & Associaths, P Signature and Date Print Name: Ma! Title of Signatory: State of Florida _ County cv k t-t '7011a SUBSCRIBED AND SWORN to before me this 13 day of June , 2016 by Mark W. Minor who is pgrsonally known to me to be the President for the Firm, OR who idQq1ific;at0iz MY C0MMISSION 1 FF DBU92i1 3 � � � � � ❑ is EXPIRES' Ma(ch 14.2018 Commission Expiration "+�,� --,� pgnt�gThru9udQeINal�ryServitcs 16-6622 Big Corkscrew Island Regionaf Park RFP CCNA Template_01202016 29 Coder County Administrative Services Depa&nent Procirarnent Se-nes Division Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE. CCNA Solicitation: 16-6622 Big Corkscrew Island Regional Park Dear Commissioners: The undersigned, as Consultant declares that this proposal 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 Consultant agrees, if this proposal 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 proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced CCNA Solicitation. Further, the consultant agrees that if awarded a contract for these services, the consultant will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -consultant for any future construction engineering inspection (Cl=ij or oversight services for projects associated with the Big Corkscrew Island Regional Park. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of June 20016 in the County of Lee , in the State of Florida Firm's Legal Name Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code Telephone: FAX: Signature by. - (Typed and written) Title: Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Sprints, FL 34134 H80985 59-2583954 RFP COMA Template_01202016 30 Additional Contact information Send payments to: Q. Grady Minor $ Associates, P.A. (required if different from above) Company name used as payee Contact name: Mark W. Minot• Title: President Address: 3800 Via Del Re City, state, ZIP Bonita Springs, FL 34134 Telephone: 239-947-1144 FAX 239-947-0375 Email mminor@gradyminor.com Office servicing Collier Same as above County to ptace orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: 16-6622 Big Corkscrew Island Regional Park RFP CCNA Template_01202016 31 colvo--v com--Mty Administrative Services Department Procurement Services Division Attachment 5. Immigration Affidavit Certification CCNA Solicitation, 16-6622 Big Corkscrew Island Regional Paris This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Consultants 1 Proposers are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant'slproposer's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verity program may deem the Consultant's proposal as non -responsive. Collier County will not intentionally award County contracts to any Consultant 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 Consultant 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. Consultant attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amen dment(s)) 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 ership with the Social Security Administration at the time of submission of the Consultant's proposal. Company Name Q. Gradv Mirybr & A sociate5 P.A. Print Name Mark W. Jor Title President Signature Date State of Florida County of Lee The foregoing instrument was fed and acknowledged before me this �S day of June , 2016 , by Mark W . Minor r who mass personally known by me. asp � �anr tPublic T p ] (Type of Identification and Number) NSigna re Y� c]P.k, JOANNE JANES * * MY COMMISSION f FF 0020 Printed Name of Notary Public F EXPIRES: March 14, 2016 r Fo Jo �� o j -Z I t f j l t ��r11� �r1 O WeelTrru Budget NWry Servlues Notary Commission Number/Explration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 16-6522 Big Corkscrew Island Regional Park RFP CCNA Template01202016 32 a.aaay:v] a.x VT icaau rage i oz .t -..-I-E-Verify. WV Employment Eligibility Verification — Pamela HY0 Home Company lnTomnatlon Mycoses . _ __ _ __ -- Now Case Mew Cases Company Name: Q. Grady Minor & Associates. P.A. My Profile Company ID Number: 231059 Edit PfaMe Doing ElusIness As (DBA) Change Password Name-. DUNS Number: C wVe Serurity Questions My Company Physical Location: Edit Company Pro Na Address 1: 30CID Via Del Rey Add New User Address 2: View EAGVng Users Clty: Bonita Springs Close Company Account Stale: FL Zip Code: 34134 My a County: LEE Neww RRepep orts My Resources Additional Infon. action: Yrew Essential Reuwr m Employer Identification Numbor: 59266395 Take Tutorial Total Humber of Employees: 20 to 99 New User Manua Parent Organization; Con lact Us Administrator: Organization Designation: Employer Category: None of those categories apply wrrlo WkLagM PHYY9820 09.27PM-01M512011 L02OW Mailing Address: Address 1: Address 2- City: State: Zip Code: VWw r Edit NAICS Code: 541 - PROFESSIONAL. SCIENTIFIC, AND TECHNICAL vkW 1 Edit SERVICES Total iilring Sites: 1 Vlaw J Edit Total Points of Ccntact:2 u_S. 0epnin+ax of FtIrllir�d Swrih - vnrw.akpov U.s. CI�+W,p r,d lrrrr�adne 5uvfwi • www. u�aov y VWW J Edit AoMa rry DO-r-b sV0WM https://e-verify.uscis.gov/emp/EmployerWizard.aspx 1/5/2011 Vent Y E-V6P I:T IS A 98AVICELCE QF CF O11L Company ID Number: 231059 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Q. Grader Minor & Associates, P.A. (Employer) regarding the Employer's participation In the Employment Eligibility Verification Program (E- Verify). This MOLL explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration {SSA}, and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. Authority for the E;�kVerify program is found in Title IV, Subtitle A, of the illegal Immigration Reform and Immigrant Responsibility Act of 1996 (11RIRA), Pub. L- 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation} (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE tl FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Page 1 of 13iE-Verify MOU for EmplayerlRevision Date 1029/08 www,dhs.goWF ••Veri]'y ip -Verify- L-VE6]�r i ��xv2LC F 4H: Company ID Number: 231069 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions- B. RESPONSIBILITIES OF ❑H5 1. After SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: ■ Automated verification checks on alien employees by electronic means, and Photo verification checks (when available) on employees. 2. DH5 agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process, 3. DHS agrees to provide to the Employer a manual (the E-Verify User Manual) containing instructions on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4, DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database- 6- DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative Page 2 of 131E-Venty MOU for Employe rlRevision Date 10 W06 W%An&_di 5$.:4C.ti'iF-VWifq -E-V �i �C� rif , � ry ? Y C-:0F1'Y I: A rRvia_I11r :CRv10E �P DHS Company 10 Number 231069 nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C, RESPONSIBILITIES OF THE EMPLOYER 1, The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2, The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will tape the refresher tutorials initiated by the E-Verify program as a condition of continued use of E- Verify, including any tutorials for Federal contractors if the Employer is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions; If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)} can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766 {Employment Authorization Document) to complete the Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non -matches that are contested by employees. Mote that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. Page 3 cf 131E4erify M 0 U fur Employer] Revision 0ate 1MOB www.dIiS.isoviE-Veri ry - E � x y E-VCRI*T S£ A fLP.V I[6 � DMs Company ID Number: 231969 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individuat in compliance with the terms and conditions of E-Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $559 and $1,100 for each failure to notify DHS of continued employment following a final nonconfrrmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ are employee after receiving a final nonconfirmaticn; and (5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law, 7. The Employer agrees to initiate E-Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form i-9 have been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify User Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the SSA verification response has been given. Employers may initiate verification by notating the Form f-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E-Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E-Verify procedures for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E-Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.i.c. Except as provided in Article II,D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9, The Employer agrees to follow appropriate procedures (see Article III- below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking Page 4 of UIE-Verify MOU for EmplayarlRevision Date 10/29/08 ww-w.rP-'s.00v1E-Ver1f f ,E- �' .474? �� rdr Ih1�Ill Verif E_'RRIYT IS A 3CRVICC " OY.S Company 0 Number; 231069 adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee rased upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non -match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match or If a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or QSC at -1-800- 255-8155 or 1-800-237-2515 (TDD). 11. The Employer agrees to comply with Title VI1 of the Civil Rights Act of 1964 and section 274E of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to Hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration -related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title V11 could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274E of the INA or Title V11 may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact ❑SC at 1-800-255-8155 or 1-800-237-2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as Page 6 of 131E-Verify MQU for EmployerlRevision pale IW29108 WWV+.dhS-Go;,1E-ViS61'( r f Yi�lil 4r 1 ��' sysxy-v .r 1 is x krs7wf- asovres o-r ees Company ID Number: 231069 authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes, 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 5522(i)(1) and (3)) and the Social! Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to crirninal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. The Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. Federal contractors not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor, the Employer must initiate verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later- b. Federal contractors already enrolled at the time of a contract award; Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must initiate verification of each employee assigned to the Page 6 of 131E-Verify MOU Io+ EirproyerlRevision Date 1OP-9108 oV'iV.it�1S.gOtiI� �lor l`y' i n".. V rif �� ., YL iE r'4 vss w L-YLR [vY I£ A SLAYILE OF LH, Company ID Plumber: 231069 contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later, C. institutions of higher education, State, local and tribal governments and sureties: Federal contractors that are institutions of higher education (as defined at 24 U.S.C. 1001(a)}, State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article 11.D, paragraphs 1.a and 1 .b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education. State, local and tribal governments, and sureties. d- Verification of all employees Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to do s❑ onty in the manner designated by ❑HS and initiate E-Verify verification of all existing employees within 180 days after the election. e. Form 1-9 procedures for Federal contractors: The Employer may use a previously completed Form 1-9 as the basis for initiating E-Verify verification of an employee assigned to a contract as long as that Form 1-9 is complete (including the SSN), complies with Article II.C.5, the employee's wane authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U-S- citizen). if the Employer is unable to determine that the Form 1-9 complies with Article 11.C-5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article 11-C.5, or update the previous 1-9 to provide the necessary information- if section 1 of the Form f-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual- Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor. 2. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. Page 7 of 131E-Verify MOU for Employer{Revision DaW 1W29108 www.dh--.go oE-VerI(y 'IE-Verfyr 3i rJJ'jj—"L a E,ems -�"vP.Ii1 `15 A �LfSiSr� iEY.V i[OF vH: 4o Company ID Number: 231069 ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA t. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 1 If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system -generated referral letter and instruct the emptoyee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary" The Employer agrees to check the E-Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation" 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non - match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3, The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible Page a of 131E_-Verify MQU for EmployerlReVISinn Date 10/29/08 - �;r 4 E-ti LRIP1` I6 r SEVV�cE OP DHS E-Verify Company 1D Number, 231069 after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by OHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unfess it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non -match, the Employer wilf send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non-match, the Employer is required to forward the employee's documentation to OHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non -match - ARTICLE IV SERVICE PROVISIONS SSA and DHS will not charge the Employer for verification services performed under this MOU_ The Employer is responsible for providing equipment needed to make inquiries. To access the E•Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take Page 9 of 731E-Verlfy MOU for Ern ployerlReyision Elate 1M9108 ++w,df_ ...uvlE->lerily E-Verify. vivisr rt r a nvica or ngn Company iQ Number: 231069 mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such a circumstance, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 8- Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities, C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractors), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees- E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act {FOIA}, G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respective#y. Page 10 of 131E-Verify MOU for Ern ployerlRevision Date 101290 wukW.dils.govir--Varil), Ver i f l E-VSRS V O� _Y 15 1 SSRV ICE P OP.J Company 0 Number: 231069 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218. Employer 0, Grady Minor &Associates, P.R. -- -N•r� :tic". =i;:� TX :1: €,I.. �.. Pamela H rat.:,. ame ( Iease:Type.ar Prin Title Electronic, 11 Signed 0711712009 S i gnature Date Department of Homeland Security - Verification Division. .: USCIS Verification Division _.. ..... ....... _. -.. __...-. _...._ Name (Please Type or Print) Tit1�. Electronically Signed Signature -- - 0711712009 Date Page it of 13RE-Verify MCu For Eniployar]Revision Date 10129M www.dhS.ci"•!'<'- Vevtfv r,r H5SF�jr E-Verify f 4'[HIdY�iS A ^.i RYICL LT ah`+ Company I ❑ Number: 231069 Count y or Parish. LEI= ;fPit, -- - Employer -Identification Number: 59258395 - - North American Indusir:- -r:..�°.-•...,%z;.k. ..I•]•f '�u 11-�'�N�F3�f"'Fra'.` Classification.Systems �-,f.�,Y-� ��. Code: Parent Company: Number of Employees- 20 to 99 Number of Sites Verified fo r: 1 Are you verifying for more that 1 site? lf.Yes, please provide the number of sites verified :for in each State: FLORIDAs te4s} ; :: -:.. :;_:�:_: M l'.- Page 12 of 131E-Ver4 MOU for EnmployelRevision Date 10/29/08 VfdWf,d11S.0dOWE -1reOfy �y.a ` L SY r•`Y 1 -Verify- Company ID Number: 231069 _('Gko - Information relating to the Program Administrator(s) for your Company on polioy questions or operational problems: Name: Joshua R Eva>3s:': Telephone Number: (239) 947 -1144 E-mail Address: jevans@gradyminvi„cord. Name: Pamela M Hyyti: Telephone Number. (239) 947 . 1144 E-mail Address: phyyti@graclyminor cnm w YI-rI. i�Ffk3 Fax Number: (239)947- 1144 Fax Number: (239) 947 - 0375 IF qN, '- Page 13 of 131E-Verify MOLL for ElnployerIRevision Date 1O129108 ��a,�iSti t! i - f;.rlE-1lBrii; cattier coU ty Fdun st otA Services OspWmed Prcxxupmant Services r)nwcn Attachment 6: Consultant Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who d❑ business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name Q. Urady Minor & Associates. KA. (as shown on income tax return) Business Name (if different from taxpayer name) Address 3800 Via lei Rey City Bonita Springs State Florida zip 34134 Telephone 239-947-1144 FAX 239-947-0375 Email mminorpgradyminor.com Order Information Remit l Payment Information Address Same as above Address Sarre as above City State Zip City State Zip FAX Email 2. Company Status (check only one) FAX Email Individual / Stile Proprietor I X Corporation I Partnership Tax Exempt (Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) C Enter the tax classification D = Disregarded r aUt , C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Plater (TIN) 59-2 $3954 who do nqt have h TIN, will be required to provide a social security number prior to an 4. Sign and Date my knowledge. Under penalties of perjury, l certify that the information shown on this form is correct to Signature Date Mark W. Minbir Title Preside Phone Number 239-947-1144 16-6622 Big Corkscrew Island Regional Park RFP CCNA Template_01202016 33 Cof&--r Co""ty Administrative Services Department P roconimenl eNif;ei L1 slaty Attachment 7: insurance and Bonding Requirements Insurance f Bond Type 1. ® Worker's Compensation 2. ® Employer's Liability 3. ® Commercial General Liability (Occurrence Form) patterned after the current ISO form Required Limits Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements $100,000 single limit per occurrence Bodily Injury and Property damage $1.000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations, Independent Contractors, Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendorlConsultant shall 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 ContractorNendorlConsultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 4. ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-ownedlHired; Automobile included 5. ® Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $1,000,000 per claim and in the aggregate • $1,000,000 per claim and In the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $_ ❑ Valuable Papers Insurance $_ Per Occurrence Per Occurrence 16-6622 Big Corkscrew Island Regional Park RFP COMA Templa#e_61202016 34 ❑ Employee Dishonesty 1 Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. ® 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, 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds 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. S. ® Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10, ® 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 (or Collier MPO). 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. 11. ® Thirty (30) Days Cancellation Notice required. RLC 41412016 Insurance Statement We understand the insurance requir ents f these specifications and that the evidence of insurability may be required within five (5) days of the a and of his solicitation. Name of Firm Q. Grad Mi ar & As ociates P.A. Date _(Al %L it b Consultant Signature Print Name Mark W. 4-tor, President Insurance Agency Dawson Florida; Naples Agent Name Steven BVeltel Telephone Number 239-261-6116 16-6622 Big Corkscrew Island Regional Park RFP CCNA Tempiate_D1202016 35 State of F Board of Professional Engineers Attests that Q. Grady Minor And Associates, P.A. E B PF is ourhorired under the provisions of Section 471.023, Florida Statutes, to offer engineering services to the public through a Professional Engineer, duly kens;ed under Chopter 471, Florida Statutes. Expiration'. 2/281201 i CA Lic. No: Audit No: 22820170,1451 State of Florida Board of Professional Engineers Attests that Mark Woodrow Minor, P.E. f-= BPE Is licensed as a Professional Engineer under Chapter 471, Florida Statutes Expiration: 2/2812017 P.E. Lic. No: Audit No: 228201725660 State of Florida Board of Professional Engineers Attests that Michael Joseph Delate , P.E. FF3PE Is licensed as a Professional Engineer under Chapter 471, Florida Statutes Expiration: 212812017 P.E. Lic. No: Audit No: 228201726154 GradyMinnr State of Florida Board of Professional Engineers Attests that Justin Alexander Frederiksen , P.E. F BPI-- 111 m,�i11k ITln Is licensed as a Professional Engineer under Chapter 471, Florida Statutes Expiration: 2/28/2017 P.E. Lac. No: Audit No. 228201729D75 State of Florida Board of Professional Engineers Attests that Francis Joseph Feeney, P.E. F BPE 11.1 ;1 d µf%'—"3 1 ryQvla�hJA 1MJVIto Is licensed as a Professional Engineer under Chapter 471, Florida Statutes Expiration: 2128I20i 7 P.E. I.ic. No: Audit No: 228201728796 State of Florida Board of Professional Engineers Attests that Raymond D. Flynn, P.E. F BPE 1 � lilllll� 111111[I �I II 1 n�.l NY n� I n� J411t. Is licensed as a Professional Engineer under Chapter 471, Florida Statutes Expiration: 2128/2017 P.E. Lac. No: Audit No: 228201731166 ' 6•'U5 GradyMinor ------------- --------------- ------------------------------------------------------- Florida Llepartment of Agriculture and Consumer Services Division of Consumer Services Ucense No.: L.B5151 Board of Professional Surveyors and Mappers Expiration Date February 28, 2017 2005 AValachee Pkway Tallahassee, Florida 32399.6500 �� re Professional Surveyor and Mapper Business License Under the provisions of Chapter 472. Florida Statutes Q GRADY NUNOR AND ASSOCIATES PA 3800 VIA DEL REY BONITA SPGS, FL 34134 ADAM H. PiTfNAM COMMISSIONER OF ACRICULTURE Thkt is rot iry rher dw prof rional awrcror and mapper wh— name end address —ho... bow i, tiansed m rcquvrd by Chapw 472. no ids Sumter - Florida €]epariment of Aeriw:ture and Con umer Services I7 Aman nrCumumrrServices Licease No-i LS6761 Board of Professional Surveyors and Mappers 1-xpir:ilic1n pa4 Fehruarr 28. 21117 NX15 Apalarhee Pk1rav Tallahaswr, }lmida 32399.6.%U 4� Professional Surveyor and Mapper License Under the provisinne. of Chapter 472, Florida Srarulec DONALD LEE SAINTENOY A7 17Sx4 LAUREL, VALLEY RD FORT NIAT-R5, F'L "67.5007 ADAM 11. PUTNAM (XIMMISS[OVER OF AORICLtLTURE TLif n lei did[ d. p,�f—i, -: w I c; i•i eW —Pp. +' — wile .. aWl— ..c 11— ah— �. jxa 1 ✓n :yq..Md br C . 412. .crane.. RICK SCOTT. GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD CGCO40351 I ZIF- The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS Expiration date' AUG 31, 2018 FEATHERSTONE, RICHARD VV 0 MALPHRUS CONSTRUCTION CO INC 20160 LIME TREE LN ESTERO FL 24936 ISSUED: (15MaI2016 DI SPLAY AS REQUIRE(] BY LAW SEQN L1805080001214 GradyMinor