Loading...
BCC Agenda 02/27/2024 Item #16F 7 (Award Invitation to Bid 23-8138R Collier County COurthouse Cable Infrastructure Rewiring)02/27/2024 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable Infrastructure Rewiring,” to Chris-Tel Company of Southwest Florida, Inc., d/b/a Chris-Tel Construction, in the amount of $1,769,076.00, approve Owner’s Allowance of $172,485, and authorize necessary Budget Amendments and the Chairman to sign the attached Construction Services Agreement. (Project 50116) OBJECTIVE: Improve working conditions and efficiencies by replacing the data cabling in t he Collier County Courthouse. CONSIDERATIONS: The Collier County Courthouse Building was built in 1989 and consists of six floors housing the courthouse administration, courtrooms, jury assembly room, Collier County Sheriff’s Office Bailiffs, and other Constitutional Offices. For the past two decades, the Collier County Courthouse has experienced multiple technological complications with the existing data network wiring operational systems throughout the building. The sustained impacts have affected the daily business operations of all major stakeholder tenants within the building. Multiple site evaluations and technical assessments have been performed in the past, with the conclusion that the existing obsolete data wiring infrastructure must be replace d with state-of-the-art advanced cable wiring to sustain the increased demands for technical improvements. The primary objective of this project is to replace the obsolete cable network wiring system with an advanced updated wiring infrastructure to support the business operations of the Constitutional Offices throughout the building. The project consists of, but is not limited to, providing one new computer server room and two IT IDF rooms with a variable refrigerant mechanical system and installing low-voltage electrical apparatuses to support the objective intent of the project. On September 15, 2023, the Procurement Services Division issued ITB No. 23 -8138R, Collier County Courthouse Cable Infrastructure Rewiring. The County received the following two bids by the October 6, 2023, deadline. Respondents: Company Name City County State Total Bid Responsive/ Responsible Chris-Tel Company of Southwest Florida, Inc., d/b/a Chris-Tel Construction Fort Myers Lee FL $1,769,076.00 Yes/Yes National Security Fire Alarm Systems, LLC Naples Lee FL $3,077,000.00 No/No Staff reviewed the two bids received and determined that only the bid submitted by Chris-Tel Company of Southwest Florida Inc., d/b/a Chris-Tel Construction (“Chris-Tel”) was responsive and responsible. The other bidder, National Security Fire Alarm Systems, LLC, was deemed non-responsive and non-responsible for failing to hold the proper license. Staff recommends awarding the bid to Chris-Tel as the lowest, responsive, and responsible bidder. The quote received from Chris-Tel Company is approximately 45% lower than the project’s Opinion of Probable Construction Cost of $3,213,500.00 provided by BSSW Architects, Inc., dated March 23, 2023. Due to the broader-than-normal deviation between the Opinion of Probably Construction Cost and the low bid, a pre-construction award meeting was held at the Collier County Purchasing on October 26th, 2023. Representatives from Collier County, Purchasing and Facilities Management reviewed the bid with the representatives of Chris-Tel and its major subcontractor supplying labor and material for the rewiring portion of the 16.F.7 Packet Pg. 893 02/27/2024 project, Aztek Communication Technologies, and representatives from the Architect. BSSW Architects, Inc. explained that the quote came in lower than the project’s Opinion of Probable Construction cost due to Aztek’s familiarity with the building, having completed many similar projects in the building, leading to greater certainty, efficiency, and lower costs than that of other firms that do not have the building knowledge. In the pre-award meeting of October 26, 2023, the contractor was confident that it understood and accounted for all aspects of the project and that its bid was appropriate. BSSW Architects Inc. has worked successfully with Chris-Tel on other projects located in Collier and Lee County. Based on that experience, the favorable performance reviews provided on the Vendor Reference Logs, and its current licensing, Chris-Tel was found qualified to conduct the requested work. The Owner’s Allowance of $172,485 for unanticipated costs, including, but not limited to, unforeseen site conditions that might be encountered during construction, is also included in the award. Use of the allowance will be only as directed by the County, if necessary, and subject to the Procurement Ordinance, as amended and proper documentation involved with any work authorized and performed under the allowance. Staff recommends that the Board award Chris-Tel ITB No. 23-8138R, “Collier County Courthouse Cable Infrastructure Rewiring,” This item is consistent with the Responsible Governance, Quality of Place, and Infrastructure and Asset Management strategic focus areas of the Collier County Strategic Plan. FISCAL IMPACT: A budget amendment is needed to move funding in the amount of $1,020,961.00 from, the Court Facilities Maintenance Fee Fund (1056) Reserves to Courthouse Improvement Project (50116). The source of funding for this project is court fees for non-criminal traffic infractions set forth in Chapter 318 of the Florida Statutes. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: To award Invitation to Bid No. 23-8138R, “Collier County Courthouse Cable Infrastructure Rewiring,” to Chris-Tel Company of Southwest Florida, Inc., d/b/a Chris-Tel Construction, in the amount of $1,769,076, approve Owner’s Allowance of $172,485, and authorize necessary Budget Amendments and the Chairman to sign the attached Construction Services Agreement. Prepared By: Clint Perryman, Project Manager III, Facilities Management Division ATTACHMENT(S) 1. 23-8138R Bid Tabulation (PDF) 2. 23-8138R - NORA (PDF) 3. 23-8138R DELORA (PDF) 4. [Linked] 23-8138R VendorSigned_Chris-Tel Company of Southwest Florida INC (PDF) 5. 23-8138R COI_Chris-Tel Company_ (PDF) 6. Judge Porter Letter 2.1.24 (PDF) 7. Amy Patterson Letter (PDF) 16.F.7 Packet Pg. 894 02/27/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.7 Doc ID: 27748 Item Summary: Recommendation to award Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable Infrastructure Rewiring,” to Chris-Tel Company of Southwest Florida, Inc., d/b/a Chris-Tel Construction, in the amount of $1,769,076.00, approve Owner’s Allowance of $172,485, and authorize necessary Budget Amendments and the Chairman to sign the attached Construction Services Agreement. Meeting Date: 02/27/2024 Prepared by: Title: Operations Analyst, Senior – Facilities Management Name: Bendisa Marku 02/13/2024 8:39 AM Submitted by: Title: – Facilities Management Name: John McCormick 02/13/2024 8:39 AM Approved By: Review: Facilities Management John McCormick Director - Facilities Completed 02/13/2024 8:41 AM Facilities Management Jennifer Belpedio Manager - Real Property Completed 02/13/2024 9:41 AM Procurement Services Francheska Correa Level 1 Purchasing Gatekeeper Completed 02/13/2024 1:48 PM Procurement Services Kristofer Lopez Other Reviewer Completed 02/14/2024 3:59 PM Procurement Services Sandra Srnka Procurement Director Review Completed 02/14/2024 4:10 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/16/2024 8:13 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/16/2024 8:28 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/16/2024 8:32 AM Community & Human Services Maggie Lopez OMB Reviewer Completed 02/20/2024 10:48 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/21/2024 2:42 PM Board of County Commissioners Geoffrey Willig Meeting Pending 02/27/2024 9:00 AM 16.F.7 Packet Pg. 895 Procurement Strategist: Kristofer LopezProject Manager: Clint PerrymanBid Due: Oct 6, 2023 Invitiations Sent: 49681 Vendors Viewed: 42 Submitted: 2 Non-Responsive Line Item Chris-Tel Company of Southwest Florida, Inc. dba Chris-Tel Construction National Security Fire Alarm Systems, LLC.Architects Opionion of Cost Unit Cost Cost Cost1General Conditions & General Requirements LS $388,693.12 $399,000.00 $500,000.002Data Cabling LS $997,844.53 $1,620,000.00 $1,848,000.003Card readers LS $9,920.82 $28,000.00 $40,500.004Selective Demolition LS $10,462.61 $285,000.00 $30,000.005RoofingLS$13,774.14 $42,000.00 $15,000.006Interior Construction and Finishes LS $122,441.76 $124,000.00 $160,000.007Fire Protection LS $38,280.63 $215,000.00 $250,000.008HVAC Mechanical & Controls LS $140,998.49 $140,000.00 $50,000.009Electrical LS $35,181.45 $196,000.00 $65,000.0010Fire Alarm LS $11,478.45 $28,000.00 $5,000.00 Subtotal (1-10)$1,769,076 $3,077,000 $2,963,500 TOTAL BID $1,769,076 $3,077,000 $2,963,500OWNER ALLOWANCE*T&M $172,485 $300,008 $250,000 COMPLETED BID FORMS:Yes/No Yes/No Bid Schedule Yes Yes Bid Response Form (Form 1)Yes Yes Contractors Key Personnel Assigned to Project - (Form 2)Yes Yes Material Manufacturers (Form 3)Yes Yes List of Major Subcontractors (Form 4)Yes Yes Statement of Experience of Bidder (Form 5)Yes Yes Trench Safety Act Acknowledgement (Form 6)Yes Yes Bid Bond (Form 7)Yes Yes Insurance and Bonding Requirements (Form 8)Yes Yes Conflict of Interest Affidavit (Form 9)Yes Yes Vendor Declaration Statement (Form 10)Yes Yes Immigration Affidavit Certification (Form 11)Yes Yes Addendums Yes Yes E-Verify Yes Yes SunBiz Yes Yes State of Florida General Contractor License Yes No Opened by:Barbara Lance, Procurement Strategist IWitnessed by:Lisa Oien, Procurement Strategist Phase 1 23-8138R Bid Tabulation *Staff has allocated a percentage of the total bid as an Owner's Allowance - 9.75% of the total bid amount for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. Collier County Courthouse Cable Infrastructure Rewiring 16.F.7.a Packet Pg. 896 Attachment: 23-8138R Bid Tabulation (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable Infrastructure Rewiring) Notice of Recommended Award Solicitation: 23-8138R Title: 23-8138R Collier County Courthouse Cable Infrastructure Rewiring Due Date and Time: October 6, 2023 @ 3:00 PM Respondents: Company Name City County State Total Bid Responsive/Responsible Chris-Tel Company of Southwest Florida, Inc. dba Chris-Tel Construction Fort Myers Lee FL $1,769,076 Yes/Yes National Security Fire Alarm Systems, LLC Naples Collier FL $3,077,000 No/No Utilized Local Vendor Preference: Yes No On September 15, 2023, the Procurement Services Division issued Construction Invitation to Bid (ITB) No. 23- 8138R, Collier County Courthouse Cable Infrastructure Rewiring, to forty-nine thousand six hundred eighty-one (49,681) vendors. Forty-two (42) vendors viewed the bid package and the County received two (2) bids by the October 6, 2023, deadline. Staff reviewed the bids received and the County received one (1) responsive and responsible bid and one (1) non-responsive bid. National Security Fire Alarm Systems, LLC was deemed non-responsive/non-responsible for failing to hold the proper license. Staff determined that Chris-Tel Company of Southwest Florida, Inc. dba Chris- Tel Construction. is the lowest responsive and responsible bidder. Staff recommends the contract to be awarded to Chris-Tel Company of Southwest Florida, Inc. dba Chris-Tel Construction. the lowest responsive and responsible bidder, in the total bid amount of $1,769,076.00. In addition to the total bid amount, staff has allocated $172,485.00 in Owner’s Allowance, for Owner’s use as directed. Contract Driven Purchase Order Driven Required Signatures Project Manager: Procurement Strategist: Procurement Services Director: __________________________________ _________________ Sandra Herrera Date DocuSign Envelope ID: E32C1247-0FEE-411A-96D9-773A9910EC21 10/27/2023 10/27/2023 10/27/2023 16.F.7.b Packet Pg. 897 Attachment: 23-8138R - NORA (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable Infrastructure Rewiring) ——— #AA-C001863 ——————————————————————————————————————————————— FORT MYERS NAPLES 1500 JACKSON ST .#200 FORT MYERS, FL 33901 949 CENTRAL AVENUE NAPLES, FL 34102 PH: 239.278.3838 FX: 239.275.5356 PH: 239.643.3103 I N N O V A T I O N A N D P E R F O R M A N C E I N A R C H I T E C T U R E - P L A N N I N G - I N T E R I O R D E S I G N October 26, 2023 Kristofer Lopez, CPPB Procurement Strategist II Collier County Procurement Services 3295 Tamiami Trail East Naples, FL 34112-5361 RE: Design Professional Letter of Recommended Award Collier County Solicitation No 23-8138R - Collier County Courthouse Cable Infrastructure Rewiring project Dear Kristofer: We were notified on October 10, 2023, that bids were received for the above-referenced project by Collier County on September 25th, 2023. This letter is written to inform you that BSSW Architects, Inc, the design professional for the project, has completed our review of the bid submitted by the lowest bidder for this project, and we are pleased to provide the following information and award recommendation. The general scope of the Collier County Courthouse Cable Infrastructure Rewiring project includes replacing the data cabling and associated work in the Collier County Courthouse building located at 3301 Tamiami Trail East, Naples, Florida. We understand that Collier County Procurement has reviewed the bid submitted by Chris-Tel Company of Southwest Florida, Inc. dba Chris -Tel Construction and has verified that the bidder has met all the requirements of the referenced solicitation. The bid tabulations determined that the apparent low bidder is Chris -Tel Construction with a bid of $1,769,076.00. BSSW Architects, Inc. was provided with the Bid Schedule for Chris -Tel Construction and has concluded their bid is approximately 45% lower than the Architect’s Opinion of Probable Construction Cost of $3,213,500.00. Due to the wider than normal deviation between the Opinion of Cost and the apparent low bid, a pre-award meeting was held at Collier County Purchasing on October 26th 2023, to review the bid with representatives of Chris-Tel and their major subcontractor supplying labor and material for the rewiring portion of the project, Aztek Communication Technologies, the Architect and representatives from Collier County Purchasing and Facilities Management. It appears that Aztek’s familiarity with the building, having completed many similar projects in the building, lead to greater certainty, efficiency, and lower costs than that of other firms that do not have that knowledge of the building. The contractor was confident that they understood and accounted for all aspects of the project and their bid was valid. Additionally, at the request of the Procurement Services Division, BSSW Architects Inc. sent by email on October 11, 2023, to each of the 5 references provided by Chris -Tel Construction, the Collier County Administrative Services Department, Procurement Services Division Vendor Reference Check Log to complete and return to BSSW Architects. Inc. Of the 5 references contacted 3 were completed and returned and they are attached for reference. 16.F.7.c Packet Pg. 898 Attachment: 23-8138R DELORA (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable Infrastructure Rewiring) BSSW Architects Inc. has worked successfully with Chris-Tel Company of Southwest Florida, Inc. dba Chris -Tel Construction, on many projects of equal or greater scope and or complexity in Lee and Collier Counties. Based on those experiences, the favorable performance review provided on the Vendor Reference Logs, its current licensing status, and consideration of the information provided in the pre-award meeting, it appears that it is a qualified firm to conduct the requested work. Based on the above information, BSSW Architects, Inc. recommends Chris-Tel Company of Southwest Florida, Inc. dba Chris -Tel Construction be awarded the Collier County Courthouse Cable Infrastructure Rewiring project pursuant to terms of the solicitation and the bid requirements. Should you have questions or need additional information, please feel free to contact me at any time. Sincerely, Daniel A. Summers, President 16.F.7.c Packet Pg. 899 Attachment: 23-8138R DELORA (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable Infrastructure Rewiring) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 12/15/2023 Wallace Welch &Willingham,Inc. 300 1st Ave.So.,5th Floor Saint Petersburg FL 33701 727-522-7777 727-521-2902 certificates@w3ins.com Zurich American Ins.Co.16535 CHRICOM-01 Tokio Marine Specialty Ins.Co.23850Chris-Tel Company of Southwest Florida Inc dba Chris-Tel Construction 2534 Edison Ave Unit A Fort Myers FL 33901 1708469871 A X 2,000,000 X 300,000 5,000 2,000,000 4,000,000 X X Y GLO7484397-01 5/1/2023 5/1/2024 4,000,000 A 1,000,000 X X X BAP871212901 5/1/2023 5/1/2024 A X X 10,000,000AUC9709548015/1/2023 5/1/2024 10,000,000 A X N WC871212801 5/1/2023 5/1/2024 1,000,000 1,000,000 1,000,000 B PROF/POLL PPK2598937 9/1/2023 5/1/2025 Limit of Insurance Retention $2,000,000 $25,000 Re:Any and All Work. Automatic additional insured and waiver of subrogation applies in favor of Collier County Board of County Commissioners,Or Board of County Commissioners in Collier County,Or Collier County Government,Or Collier County if required by written contract,subject to terms,conditions,and exclusions of the policies, per attached blanket endorsement forms. Umbrella -Follows form and applies excess of General Liability,Auto Liability and Employer Liability. Collier County Board of County Commissioners 3295 Tamiami Trail E Naples FL 34112 16.F.7.e Packet Pg. 900 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP 8712129 - 01 Effective Date: 05/01/2023 Coverage Extension Endorsement - Florida This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II – Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any “employee” of yours is also an “insured” while operating an “auto” hired or rented under a contract or agreement in an “employee’s” name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don’t own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law: (1) Any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including (2) Those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement. This applies only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment – Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II – Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. U-CA-424-F FL (08/18) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 16.F.7.e Packet Pg. 901 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II – Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in driver safety program events. This includes events such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III – Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV – Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in driver safety program events. This includes events such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. D. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. E. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. F. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. G. Hired Auto Physical Damage – Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; U-CA-424-F FL (08/18) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 16.F.7.e Packet Pg. 902 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable (2) (3) b. (1) (2) c. (1) (2) (3) (4) (5) 1. 2. Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. H. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: The reasonable cost to replace; or The actual cash value. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. Paintings, statuary and other works of art. Contraband or property in the course of illegal transportation or trade. Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". I. Tapes, Records and Discs Coverage The Exclusion in Paragraph B.4.a. of Section III – Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV – Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". J. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III – Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV – Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. U-CA-424-F FL (08/18) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 16.F.7.e Packet Pg. 903 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable 1. 2. K. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. L. Physical Damage – Comprehensive Coverage – Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. M. Temporary Substitute Autos – Physical Damage 1. The following is added to Section I – Covered Autos: Temporary Substitute Autos – Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1.Breakdown; 2.Repair; 3.Servicing; 4."Loss"; or 5.Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos – Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. N. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. (1) In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability company); or (d) An executive officer or insurance manager (if you are a corporation). The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. U-CA-424-F FL (08/18) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 16.F.7.e Packet Pg. 904 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable (2) (3) (1) (2) (1) (2) Include, as soon as practicable: (a) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (b) The "insured’s" name and address; and (c) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. O. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. P. Employee Hired Autos – Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: Any covered "auto" you lease, hire, rent or borrow; and Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official’s duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Q. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: Fail to disclose any hazards existing at the inception date of this Coverage Form; or Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. R. Hired Auto – World Wide Coverage Paragraph 7.a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, S. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. T. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II – Covered Autos Liability Coverage is replaced by the following: U-CA-424-F FL (08/18) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 16.F.7.e Packet Pg. 905 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. U. Physical Damage – Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III – Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". V. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. W. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered “auto” is stolen and recovered, we will pay the cost of transport to return the “auto” to you. We will pay only for those covered “autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F FL (08/18) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 16.F.7.e Packet Pg. 906 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable Policy No.Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End.Producer No.Add'l Prem.Return Prem. GLO 7484397 - 01 05/01/2023 05/01/2024 84420000 Contractors Additional Insured – Automatic – Owners, Lessees Or THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code):2534 Edison Ave # A Fort Myers, FL 33901-5302 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A.Section II – Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1.Only applies to the extent permitted by law; and 2.Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a.The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CHRIS-TEL COMPANY OF SOUTHWEST FLORIDA INC U-GL-1175-F CW (04/13) Page 1 of 2Includes copyrighted material of Insurance Services Office, Inc., with its permission. 16.F.7.e Packet Pg. 907 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable C.The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions: The additional insured must see to it that: 1.We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2.We receive written notice of a claim or "suit" as soon as practicable; and 3.A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D.For the purposes of the coverage provided by this endorsement: 1.The following is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2.The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E.This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III – Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2.Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW (04/13) Page 2 of 2Includes copyrighted material of Insurance Services Office, Inc., with its permission. 16.F.7.e Packet Pg. 908 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable Policy No.Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End.Producer No.Add'l Prem.Return Prem. GLO 7484397 - 01 05/01/2023 05/01/2024 84420000 Contributory Other Insurance Amendment – Primary And Non- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code):2534 Edison Ave # A Fort Myers, FL 33901-5302 a. b. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part 1.The following paragraph is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: The additional insured is a Named Insured under such other insurance; and You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 2.The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. CHRIS-TEL COMPANY OF SOUTHWEST FLORIDA INC U-GL-1327-B CW (04/13) Page 1 of 1Includes copyrighted material of Insurance Services Office, Inc., with its permission. 16.F.7.e Packet Pg. 909 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART POLICY NUMBER: GLO 7484397 - 01 Any construction project except a construction project for which a consolidated (wrap-up) or similar insurance program has been provided.Designated Construction Project(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 25 03 05 09 Page 1 of 2© Insurance Services Office, Inc., 2008 A.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 3.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4.The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 16.F.7.e Packet Pg. 910 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable CG 25 03 05 09Page 2 of 2 © Insurance Services Office, Inc., 2008 B.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D.If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E.The provisions of Section III – Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. 16.F.7.e Packet Pg. 911 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable Policy No.Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End.Producer No.Add'l Prem.Return Prem. GLO 7484397 - 01 05/01/2023 05/01/2024 84420000 Waiver Of Subrogation (Blanket) Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12/01) Page 1 of 1 16.F.7.e Packet Pg. 912 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable Commercial Umbrella Liability Policy There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine your rights, duties and what is and is not covered. Throughout this policy the words “you” and “your” refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a named insured under this policy. The words “we”, “us” and “our” refer to the company providing this insurance. The word insured means any person or organization qualifying as such in SECTION V. DEFINITIONS of this policy. Words and phrases that are printed in bold-face type are defined in this policy. These definitions are found in SECTION V. DEFINITIONS of this policy or in the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations and in accordance with the provisions of this policy we agree with you to provide coverage as follows: Insuring Agreements SECTION I.COVERAGE A.Coverage A - Excess Follow Form Liability Insurance Under Coverage A, we will pay on behalf of the insured those damages covered by this insurance in excess of the total applicable limits of underlying insurance. With respect to Coverage A, this policy includes: 1.The terms and conditions of underlying insurance to the extent such terms and conditions are not inconsistent or do not conflict with the terms and conditions referred to in Paragraph 2. below; and 2.The terms and conditions that apply to Coverage A of this policy. Notwithstanding anything to the contrary contained above, if underlying insurance does not apply to damages, for reasons other than exhaustion of applicable Limits of Insurance by payment of loss, then Coverage A does not apply to such damages. Also, Coverage A does not apply to any form of casualty business crisis expense insurance even if such insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. B.Coverage B - Umbrella Liability Insurance Under Coverage B, we will pay on behalf of the insured those damages the insured becomes legally obligated to pay by reason of liability: 1.Imposed by law because of bodily injury, property damage, or personal and advertising injury; or 2.Assumed under an insured contract because of bodily injury or property damage; covered by this insurance but only if the injury, damage or offense arises out of your business, takes place during the policy period of this policy and is caused by an occurrence happening anywhere. We will pay such damages in excess of the Retained Limit specified in Item 5. of the Declarations or the amount payable by other insurance, whichever is greater. Coverage B does not apply to any loss, claim or suit for which insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. The amount we will pay for loss under Coverage A or Coverage B is limited as described in SECTION II. LIMITS OF INSURANCE. We have no obligation under Coverage A and/or Coverage B with respect to any settlement made without our consent. The insurance afforded under Coverage A and Coverage B applies to bodily injury or property damage only if prior to the policy period, no designated insured knew that the bodily injury or property damage had occurred, in whole or in part. If such a designated insured knew, prior to the policy period, that the bodily injury or property damage occurred, then any continuation, change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. U-UMB-103-C CW (03/10) Page 1 of 19 16.F.7.e Packet Pg. 913 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable Bodily injury or property damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any designated insured includes any continuation, change or resumption of that bodily injury or property damage after the policy period; and Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any designated insured: 1.Reports all, or any part, of the bodily injury or property damage to us or any other insurer; 2.Receives a written or verbal demand or claim for damages because of the bodily injury or property damage; or 3.Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. C.Coverage C - Casualty Business Crisis Expense Under Coverage C, we will pay for casualty business crisis expense regardless of fault arising from a casualty business crisis first commencing during the policy period. No underlying insurance or Retained Limit applies to Coverage C. Subject to the other terms and conditions of this coverage, we shall pay casualty business crisis expense from the first dollar of such expense. The amount we will pay for casualty business crisis expense under Coverage C is limited as described in SECTION II. LIMITS OF INSURANCE. Any amounts that we pay under Coverage C will not obligate us in any way under Coverage A or Coverage B. SECTION II.LIMITS OF INSURANCE A.With respect to Coverage A and Coverage B, the Limits of Insurance shown in the Declarations and the rules below describe the most we will pay, regardless of the number of: 1.Insureds; 2.Claims made or suits brought; 3.Coverages provided under this policy; or 4.Persons or organizations making claims or bringing suits. B.The Limits of Insurance of this policy will apply as follows: 1.The limit stated in Item 4.B. of the Declarations for the Other Aggregate is the most we will pay for all loss under Coverage A and Coverage B combined except for: a.Loss covered under the products-completed operations hazard; and b.Loss covered in underlying insurance to which no underlying aggregate limit applies. In addition, with respect to Coverage A only, if a policy listed on the Schedule of Underlying Insurance contains aggregate limits, other than an aggregate limit applying to the products-completed operations hazard, the Other Aggregate limit stated in Item 4.B. of the Declarations will apply in the same manner as such other aggregate limits of each policy listed in the Schedule of Underlying Insurance. 2.The limit stated in Item 4.C. of the Declarations for the Products-Completed Operations Aggregate is the most we will pay for all loss under both Coverage A and Coverage B combined as a result of bodily injury or property damage included within the products-completed operations hazard. 3.Subject to Paragraph B.1. or B.2. above, whichever applies, the limit stated in Item 4.A. of the Declarations for Occurrence is the most we will pay for all loss arising out of any one occurrence, even if such loss is covered, in whole or in part, under both Coverage A and Coverage B. C.Coverage A applies only in excess of the greater of the actual Limits of Insurance of underlying insurance or the Limits of Insurance shown on the Schedule of Underlying Insurance forming a part of this policy. D.With respect to Coverage C, the limit stated as the Casualty Business Crisis Expense Aggregate Limit in Item 4.D. of the Declarations is the most we will pay for all casualty business crisis expense first commencing during the policy period. This limit is in addition to, and casualty business crisis expense does not reduce or exhaust, any other Limit of Insurance applicable to this policy. U-UMB-103-C CW (03/10) Page 2 of 19 16.F.7.e Packet Pg. 914 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable E.The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. F.With respect to Coverage A only and subject to paragraphs B.1., B.2., B.3. and C. above: 1.If the limits of underlying insurance have been reduced solely by payment of loss for which coverage is afforded under this policy, this policy will drop down to become immediately excess of the reduced underlying limit; or 2.If the limits of underlying insurance have been exhausted solely by payment of loss for which coverage is afforded under this policy, this policy will continue in force as underlying insurance. SECTION III.DEFENSE AND SUPPLEMENTARY PAYMENTS A.We have the right and duty to assume control of the investigation and settlement of any claim, or defense of any suit against the insured for damages covered by this policy: 1.Under Coverage A, when the applicable limit of underlying insurance and other insurance has been exhausted by payment of loss for which coverage is afforded under this policy; or 2.Under Coverage B, when damages are sought for bodily injury, property damage, or personal and advertising injury to which no underlying insurance or other insurance applies. B.Under Coverage C, we do not assume any duty to control the investigation and settlement of any claim, or defense of any suit that may arise from a covered casualty business crisis. C.In those circumstances where paragraph A. above applies we will pay our expenses and the following to the extent that they are not included in underlying insurance: 1.Up to $2,000 for the cost of bail bonds. We do not have to furnish these bonds. 2.The cost of bonds to release attachments, but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds. 3.Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit, including actual loss of earnings because of time off from work. 4.All court costs taxed against the insured in the suit. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. 5.Pre-judgment interest awarded against the insured on that part of the judgment we pay. However, if we make an offer to pay the applicable Limit of Insurance, we will not pay any pre-judgment interest based on that period of time after the offer. 6.All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court that part of the judgment that is within the applicable Limits of Insurance. When our expenses and the payments described in paragraph C. above are not included in the definition of loss, they will not reduce the Limits of Insurance. D.In those circumstances where paragraph A. above does not apply, we do not have the duty to assume control of the investigation and settlement of any claim, or defense of any suit against the insured. We do, however, have the right to participate in the investigation and settlement of any claim, or defense of any suit that we feel may create liability on our part under the terms of this policy. If we exercise this right, we will do so at our expense. We will not investigate and settle any claim, or defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4. of the Declarations. If we are prevented by law from carrying out the provisions of Section III. Paragraph A. above, we will pay any expense incurred with our consent. SECTION IV.EXCLUSIONS A.Under Coverage A and Coverage B, this policy does not apply to any liability, damage, loss, cost or expense: ASBESTOS 1.Arising out of or relating in any way to: U-UMB-103-C CW (03/10) Page 3 of 19 16.F.7.e Packet Pg. 915 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable a.Asbestos or which would not have occurred in whole or in part but for the actual, alleged or threatened discharge, dispersal, release, leakage, leaching, friability, flaking escape or presence of asbestos, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to the injury or damage; or b.Any: (1)Request, demand, order, statutory or regulatory requirement, direction or determination, that any insured or others test for, investigate, monitor, clean up, remove, study, contain, treat, encapsulate, control or take any other action regarding asbestos; or (2)Claim or suit for damages arising out of or relating in any way to any request, demand, order, statutory or regulatory requirement, direction or determination than any insured or others test for, investigate, monitor, clean up, remove, study, contain, treat, encapsulate, control or take any other action regarding asbestos. EMPLOYMENT PRACTICES 2.Arising out of any bodily injury or personal and advertising injury to: a.A person arising out of any: (1)Failure to employ or promote that person; (2)Termination of that person's employment, including actual or alleged constructive dismissal; (3)Employment-related practices, policies, acts or omissions, including but not limited to injury arising from coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, molestation, humiliation, retaliation, hostile work environment, discrimination or malicious prosecution directed at that person; or b.The spouse, domestic partner, child, parent, brother or sister of that person as a consequence of any bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in subparagraphs (1), (2) or (3) above is directed. This exclusion applies: a.Whether the injury causing event described in paragraph 2.a. above occurs before employment, during employment or after employment of that person; b.Whether the insured may be held liable as an employer or in any other capacity; or c.To any obligation to share damages with or repay someone who must pay damages because of the injury. LAWS, MISCELLANEOUS 3.Under any of the following: a.Any uninsured/underinsured motorist or auto no-fault or first party personal injury law; b.Any workers’ compensation, unemployment compensation, or disability benefits law or any similar law; or c.The Employees’ Retirement Income Security Act (E.R.I.S.A.) of 1974 as now or hereafter amended. LOSS OF, OR LOSS OF USE OF INTANGIBLE PROPERTY 4.Arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate or process intangible property. For purposes of this insurance, electronic data is intangible property. NUCLEAR 5.a.With respect to which any insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its Limits of Insurance; or b.Resulting from the hazardous properties of nuclear material and with respect to which: (1)A person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or U-UMB-103-C CW (03/10) Page 4 of 19 16.F.7.e Packet Pg. 916 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable (2)Any insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or c.Any injury or nuclear property damage resulting from the hazardous properties of nuclear material, if: (1)The nuclear material: (a)Is at any nuclear facility owned by, or operated by or on behalf of, any insured; (b)Has been discharged or dispersed therefrom; (2)The nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of any insured; or (3)The injury or nuclear property damage arises out of the furnishing by any insured of services, materials, parts or equipment in connection with the planning, construction, maintenance operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this subparagraph (3) applies only to nuclear property damage to such nuclear facility and any property thereat. As used in this exclusion: a.Hazardous properties include radioactive, toxic or explosive properties. b.Nuclear Facility means: (1)Any nuclear reactor; (2)Any equipment or device designed or used for: (a)Separating the isotopes of uranium or plutonium, (b)Processing or utilizing spent fuel, or (c)Handling, processing or packaging waste; (3)Any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; or (4)Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. c.Nuclear material means source material, special nuclear material or by-product material. d.Nuclear property damage includes all forms of radioactive contamination of property. e.Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. f.Source material, special nuclear material and by-product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. g.Spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. h.Waste means any waste material: (1)Containing by-product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content; and (2)Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. VIOLATION OF STATUTES 6.Resulting from or arising directly or indirectly out of any action or omission that violates or is alleged to violate: a.The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; U-UMB-103-C CW (03/10) Page 5 of 19 16.F.7.e Packet Pg. 917 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable b.The CAN-SPAM Act of 2003, including any amendment of or addition to such law; c.The Fair Credit Reporting Act (FCRA) and any amendment or addition to such law including the Fair and Accurate Credit Transactions Act (FACTA); or d.Any federal, state or local statute, ordinance, or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. WAR AND MILITARY ACTION 7.Arising directly or indirectly out of: a.War, including undeclared or civil war; b.Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c.Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these, regardless of any other cause or event that contributes concurrently or in any sequence to injury or damage. B.Under Coverage A this policy does not apply to any liability, damage, loss, cost or expense: POLLUTION 1.Arising directly or indirectly out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: a.At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (1)Bodily injury if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (2)Bodily injury or property damage for which you may be held liable, if you are a contractor, and the owner or lessee of such premises, site or location has been added to underlying insurance as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (3)Bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire; b.At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; c.Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any insured or any person or organization for whom you maybe legally responsible; or d.At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured’s behalf are performing operations if the pollutants are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (1)Bodily injury or property damage arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts, if such fuels, lubricants or other operation fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (2)Bodily injury or property damage sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; U-UMB-103-C CW (03/10) Page 6 of 19 16.F.7.e Packet Pg. 918 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable (3)Bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire. e.At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured’s behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants. f.That are, or that are contained in any property that is: (1)Being transported or towed by, handled, or handled for movement into, onto or from, any auto for which coverage is provided by underlying insurance; (2)Otherwise in the course of transit by or on behalf of any insured; or (3)Being stored, disposed of, treated or processed in or upon any auto. However, this subparagraph f. does not apply to bodily injury or property damage arising out of: (i)The escape of fuels, lubricants, other operating fluids, exhaust gases or other similar pollutants that are needed for or result from the normal electrical, hydraulic or mechanical functioning of a covered auto; or (ii)The escape of pollutants from a covered auto that directly results from the collision, upset or overturn of such auto while in the course of transit away from any premises owned by or rented to any insured. 2.Arising out of any: a.Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants; or b.Claim or suit brought by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, pollutants. C.Under Coverage B this policy does not apply to: AIRCRAFT, AUTOS OR WATERCRAFT 1.Any liability, damage, loss, cost or expense arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any a.Aircraft owned by you or rented, loaned or chartered by or on behalf of you without crew; b.Auto; or c.Watercraft owned by you except watercraft while ashore on premises you own or rent. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured. EMPLOYEE INJURY 2.Any injury to: a.An employee of the insured arising out of and in the course of: (1)Employment by the insured; or (2)Performing duties related to the conduct of the insured's business; or b.Any injury to the spouse, domestic partner, child, parent, brother, or sister of that employee as a consequence of exclusion 2.a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity, or to any obligation to share damages with or repay someone else who must pay damages because of an injury. IMPAIRED PROPERTY 3.Property damage to impaired property or property that has not been physically injured arising out of: a.A defect, deficiency, inadequacy or dangerous condition in your product or your work; or U-UMB-103-C CW (03/10) Page 7 of 19 16.F.7.e Packet Pg. 919 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable b.A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. INTENTIONAL INJURY 4.Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. PERSONAL and ADVERTISING INJURY 5.Personal and advertising injury: a.Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury; b.Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; c.Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period; d.Arising out of a criminal act committed by or at the direction of any insured; e.For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; f.Arising out of a breach of contract, except an implied contract to use another’s advertising idea in your advertisement; g.Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your advertisement; h.Arising out of the wrong description of the price of goods, products or services stated in your advertisement; i.Arising out of the infringement of copyright, patent, trademark, trade secret, trade dress, slogan or other intellectual property rights. However, this exclusion does not apply to infringement of copyright, trade dress or slogan in your advertisement; j.Committed by an insured whose business is: (1) Advertising, broadcasting, publishing, electronic publishing or telecasting; (2)Designing or determining content of web-sites for others; or (3)An Internet search, access or content provider. However, this exclusion 5.j., does not apply to sub-paragraphs C., 12. a., b., c. and h. of personal and advertising injury under SECTION V. DEFINITIONS. For purposes of this exclusion 5.j., the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting; k.Arising out of an electronic chatroom or bulletin board the insured hosts, owns or over which the insured exercises control; or l.Arising out of the unauthorized use of another’s name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another’s potential customers. POLLUTION 6.Any liability, damage, loss, cost or expense: a.Arising directly or indirectly out of the actual, alleged or threatened existence, discharge, seepage, migration, dispersal, release or escape of pollutants; or b.Arising out of any: U-UMB-103-C CW (03/10) Page 8 of 19 16.F.7.e Packet Pg. 920 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable (1)Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean-up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or (2)Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. PRODUCT RECALL 7.Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: a.Your product; b.Your work; or c.Impaired property; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy, or dangerous condition in it. PROPERTY DAMAGE 8.Property damage to: a.Property you own, rent or occupy, including any costs or expenses incurred by you, or any person or organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property; b.Premises you sell, give away or abandon if the property damage arises out of any part of those premises; c.Property loaned to you; d.Personal property in your care, custody or control; e.That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the property damage arises out of those operations; f.That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it; g.Your product arising out of it or any part of it; or h.Your work arising out of it or any part of it and included in the products-completed operations hazard. D.Under Coverage C, this policy does not apply to any casualty business crisis arising out of, based upon or attributable to: PRIOR NOTICE 1.Facts alleged, or to the same or related acts alleged or contained, in any crisis, claim or suit that has been reported, or in any circumstances where notice has been given under any policy of which this policy or any underlying insurance is a renewal or replacement; or PENDING OR PRIOR CRISIS CLAIM OR SUIT 2.Any pending or prior claim or suit as of the inception date of this policy. SECTION V.DEFINITIONS In this policy, words and phrases appearing in bold face type have the definitions shown below. A.The following definitions are applicable to Coverage A, Coverage B and Coverage C. 1.Designated insured means: a.The person(s) and organization(s) specifically described under SECTION V. DEFINITIONS, sub-paragraphs C.6.a. through C.6.e. below for any insured; or b.Any employee authorized by you to give or receive notice of an occurrence, claim or suit. U-UMB-103-C CW (03/10) Page 9 of 19 16.F.7.e Packet Pg. 921 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable 2.Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 3.Loss means those sums actually paid that the insured is legally obligated to pay as damages for the settlement or satisfaction of a claim because of injury or offense, after making proper deductions for all recoveries and salvage. However: a.Under Coverage A: (1)Loss also includes defense expenses and supplementary payments if underlying insurance includes defense expenses and supplementary payments in the Limits of Insurance; and (2)Loss does not include defense expenses and supplementary payments if underlying insurance does not include defense expenses and supplementary payments in the Limits of Insurance. b.Under Coverage B., loss does not include defense expenses and supplementary payments. 4.Other insurance means a policy of insurance providing coverage that this policy also provides. Other insurance includes any type of self-insurance or other mechanisms by which an insured arranges for funding of legal liabilities. Other insurance does not include underlying insurance or a policy of insurance specifically purchased to be excess of this policy providing coverage that this policy also provides. 5.Pollutants mean any man-made or naturally occurring solid, liquid, gaseous or thermal irritant or contaminant, including but not limited to: smoke; vapor; soot; fumes; acids; alkalis; chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 6.Suit means a civil proceeding in which injuries or damages to which this insurance applies are alleged. Suit includes: a.An arbitration proceeding in which such damages are claimed and to which the insured must submit pursuant to law or contract or does submit with our consent; or b.Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 7.Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance forming a part of this policy. We will only be liable for amounts in excess of the Limits of Insurance shown in the Schedule of Underlying Insurance for any underlying insurance. B.The following definitions are applicable to Coverage A only: 1.Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 2.Insured means: a.You; b.Any person or organization included as an insured in underlying insurance; and c.Any person or organization qualifying as an additional insured in underlying insurance but only to the same extent that such person or organization is an additional insured under such underlying insurance. 3.Non-Admitted Jurisdiction means: a.Any country or political subdivision in which we are not licensed or permitted to insure risks and where doing so would violate the insurance laws and regulations of such jurisdiction; or b.Any country or political subdivision where we are prevented by law from investigating, defending or settling an occurrence or suit. 4.Occurrence means a covered event as defined in underlying insurance. 5.Qualified Entity means any entity, person or organization that is not an insured under this policy and would qualify as an insured under this policy, but for the fact that the entity is registered, domiciled or has ongoing operations in a non-admitted jurisdiction. U-UMB-103-C CW (03/10) Page 10 of 19 16.F.7.e Packet Pg. 922 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable C.The following definitions are applicable to Coverage B only: 1.Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For purpose of this definition: a.Notices that are published include material placed on the Internet or on similar electronic means of communication; and b.Regarding websites, only that part of a website that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement. 2.Auto means: a.A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or b.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, auto does not include mobile equipment. 3.Bodily injury means physical injury, sickness, or disease, including death of a person. Bodily injury to such person also means mental anguish, mental injury, humiliation, or shock if directly resulting from physical injury, sickness, or disease. 4.Employee includes a leased worker. Employee does not include a temporary worker. 5.Impaired property means tangible property, other than your product or your work, that cannot be used or is less useful because: a.It incorporates your product or your work that is known or thought to be defective, deficient, inadequate or dangerous; or b.You have failed to fulfill the terms of a contract or agreement; If such property can be restored to use by; a.The repair, replacement, adjustment or removal of your product or your work; or b.Your fulfilling the terms of the contract or agreement. 6.Insured means: a.You, if you are an organization shown in the Declarations, other than a partnership, joint venture or limited liability company. Your executive officers and directors are insureds, but only with respect to their duties as your executive officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders; b.You, if you are a partnership or joint venture shown in the Declarations. Your members, your partners, and their spouses or domestic partners are also insureds, but only with respect to the conduct of your business; c.You and your spouse or domestic partner, if you are an individual shown in the Declarations, but only with respect to the conduct of a business of which you are the sole owner; d.You, if you are a limited liability company shown in the Declarations. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers; e.You, if you are a trust shown in the Declarations. Your trustees are also insureds, but only with respect to their duties as trustees; f.Your employees, but only for acts within the scope of their employment by you; g.Your volunteer workers, but only while performing duties related to the conduct of your business; h.Any person or organization while acting as your real estate manager; or i.Your legal representative if you die, but only with respect to duties as such. U-UMB-103-C CW (03/10) Page 11 of 19 16.F.7.e Packet Pg. 923 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable No person or organization is an insured with respect to the conduct of any current, past or newly formed partnership, limited liability company or joint venture that is not designated within the Declarations of this policy as Named Insured. 7.Insured contract means any written or oral agreement entered into by the insured in the usual course of the business operations of the insured in which the insured assumes the tort liability of another to pay damages because of bodily injury or property damage to a third person or organization where the contract or agreement is made prior to the injury or damage. Liability means a liability that would be imposed by law in the absence of any contract or agreement. 8.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and labor leasing firm, to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 9.Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: a.Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b.Vehicles maintained for use solely on or next to premises you own or rent; c.Vehicles that travel on crawler treads; d.Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1)Power cranes, shovels, loaders, diggers or drills; or (2)Road construction or resurfacing equipment such as graders, scrapers or rollers. e.Vehicles not described in a., b., c. or d. above, that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1)Air compressors, pumps and generators including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2)Cherry pickers and similar devices used to raise or lower workers. f.Vehicles not described in a., b., c. or d. above, maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not mobile equipment but are considered autos: (1)Equipment designed primarily for: (a)Snow removal; (b)Road maintenance, but not construction or resurfacing; or (c)Street cleaning; (2)Cherry pickers and similar devices mounted on an auto or truck chassis and used to raise or lower workers; and (3)Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 10.Named insured means: a.The person(s) and organization(s) designated in Item 1. of the Declarations of this policy; b.Any organization, other than a partnership, joint venture or limited liability company, over which you maintain majority interest and to which more specific insurance does not apply, other than one which you newly acquire or form; or U-UMB-103-C CW (03/10) Page 12 of 19 16.F.7.e Packet Pg. 924 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable c.Any newly acquired or formed organization, other than a partnership, joint venture or limited liability company, over which you maintain majority interest and to which more specific insurance does not apply; provided that this policy does not apply to any injury or damage that took place before you acquired or formed the organization. 11. Occurrence means: a.With respect to bodily injury or property damage liability, an accident, including continuous or repeated exposure to substantially the same general harmful conditions. b.With respect to personal and advertising injury, a covered offense. All damages that arise from the same act, publication or general conditions are considered to arise out of the same occurrence, regardless of the frequency or repetition thereof, the number or kind of media used or the number of claimants. 12. Personal and advertising injury means injury, including consequential bodily injury, arising out of one or more of the following offenses: a.False arrest, detention or imprisonment; b.Malicious prosecution; c.The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies committed by or on behalf of its owner, landlord or lessor; d.Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products or services; e.Oral or written publication, in any manner, of material that violates a person’s right of privacy; f.The use of another’s advertising idea in your advertisement; g.Infringement upon another’s copyright, trade dress or slogan in your advertisement; or h.Discrimination (unless insurance thereof is prohibited by law), not arising out of or related to employment practices. Personal and advertising injury also means mental anguish, mental injury, humiliation, or shock, if directly resulting from an offense listed in Items 12.a. through 12.h. above. 13. Products-completed operations hazard means all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except: a.Products that are still in your physical possession; or b.Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times: (1)When all of the work called for in your contract has been completed; (2)When all of the work to be done at the site has been completed if your contract calls for work at more than one site; or (3)When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. This hazard does not include bodily injury or property damage arising out of: a.The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle created by the loading or unloading of it by any insured; or b.The existence of tools, uninstalled equipment or abandoned or unused materials. 14.Property damage means: a.Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b.Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the occurrence that caused it. U-UMB-103-C CW (03/10) Page 13 of 19 16.F.7.e Packet Pg. 925 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable 15.Retained limit means the amount of damages applicable to each occurrence for which the insured is responsible that is shown in Item 5. of the Declarations. 16.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. 17.Volunteer worker means a person who is not your employee, and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 18.Your product means: a.Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1)You; (2)Others trading under your name; or (3)A person or organization whose business or assets you have acquired; and b.Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Your product includes: a.Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product; and b.The providing or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for use of others but not sold. 19.Your work means: a.Work or operations performed by you or on your behalf; and b.Materials, parts or equipment furnished in connection with such work or operations. Your work includes: a.Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your work; and b.The providing of or failure to provide warnings or instructions. D.The following definitions are applicable to Coverage C only: 1.Casualty business crisis means an event that in the good faith opinion of your principal, in the absence of casualty business crisis services, has been or may be associated with: a.Damages covered by this policy under Coverage A that are in excess of the applicable limits of underlying insurance or under Coverage B that are in excess of the Retained Limit; and b.Significant adverse regional or national media coverage. Casualty business crisis shall include, without limitation, man-made disasters such as explosions, major crashes, multiple deaths or injuries, burns, dismemberment, traumatic brain injury, paraplegia, or contamination of food, drink or pharmaceuticals. For purposes of Coverage C, a casualty business crisis will first commence when your principal first become aware of the occurrence and will conclude at the earliest of the time when the casualty business crisis advisor advises you that the crisis no longer exists or when the Casualty Business Crisis Expense Aggregate Limit has been exhausted. 2.Casualty business crisis advisor means any public relations firm or crisis management firm approved by us that is hired by you to perform casualty business crisis services in connection with a casualty business crisis. U-UMB-103-C CW (03/10) Page 14 of 19 16.F.7.e Packet Pg. 926 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable 3.Casualty business crisis expense means amounts paid: a.To you for the reasonable and necessary: (1)Fees and expenses of a casualty business crisis advisor in the performance for you of casualty business crisis services solely for a covered casualty business crisis; and (2)Amounts for printing, advertising, mailing of materials or travel by your directors, officers, employees or agents or a casualty business crisis advisor solely for a casualty business crisis; and b.To others for the following reasonable and necessary expenses resulting from such covered casualty business crisis provided that such expenses have been approved by us: (1)Medical expenses; (2)Funeral expenses; (3)Psychological counseling; (4)Travel expenses; (5)Temporary living expenses; (6)Expenses to secure the scene of a casualty business crisis; and (7)Any other expenses pre-approved by us. 4.Casualty business crisis services means those services performed by a casualty business crisis advisor in advising you on minimizing potential harm to you from a covered casualty business crisis by maintaining or restoring public confidence in you. 5.Principal means your Chief Executive Officer, Chief Operating Officer, Chief Financial Officer, President, General Counsel or general partner (if you are a partnership) or sole proprietor (if you are a proprietorship). SECTION VI.CONDITIONS A.The following Conditions are applicable to Coverage A, Coverage B and Coverage C. 1.Appeals In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the underlying insurance, we may elect to appeal at our expense. If we do so elect, we will be liable for the costs and additional interest accruing during this appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in SECTION II. of this policy. 2.Audit of Books and Records We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three (3) years after the expiration or termination of this policy. 3.Bankruptcy or Insolvency The bankruptcy, insolvency or inability to pay of any insured will not relieve us from our obligation to pay damages covered by this policy. In the event of bankruptcy, insolvency or refusal or inability to pay, of any underlying insurer, the insurance afforded by this policy will not replace such underlying insurance, but will apply as if all the limits of any underlying insurance are fully available and collectible. 4.Cancellation and Nonrenewal a.Cancellation (1)You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. (2)We may cancel this policy. If we cancel because of non-payment of premium, we will mail or deliver to you not less than ten (10) days advance written notice when the cancellation is to take effect. If we cancel for any other reason, we will mail or deliver to you not less than ninety (90) days advance written notice stating the reason(s) for cancellation, as well as the date when the cancellation is to take effect. Mailing notice to you at your mailing address shown in Item 2. of the Declarations will be sufficient to prove notice. U-UMB-103-C CW (03/10) Page 15 of 19 16.F.7.e Packet Pg. 927 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable (3)The policy period will end on the day and hour stated in the cancellation notice. (4)If this policy is cancelled, the final premium will be calculated pro rata based on the time this policy was in force. (5)Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due you. Our check or our representative’s check, mailed or delivered, will be sufficient tender of any refund due you. b.Nonrenewal If we decide not to renew this policy, we will mail or deliver to the first Named insured shown in the Declarations written notice of the nonrenewal not less than thirty (30) days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 5.Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy. 6.Currency Settlements will be paid in United States currency or, when required, in the currency of the country or jurisdiction where the loss or casualty business crisis occurred. When conversion into another currency from United States currency is required to pay any loss or casualty business crisis expense, the rate of exchange will be determined on the date of the settlement. The rate of exchange will be the rate we incur in obtaining the foreign currency. 7.First Named Insured The person or organization first named in Item 1. of the Declarations is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other insureds for the giving and receiving of notice of cancellation or any other notice required under this policy or by statute or regulation, for the receipt and acceptance of this policy and any endorsements forming a part of this policy, and for the receiving of any return premiums that become payable under this policy. 8.Inspection We have the right, but are not obligated to inspect the insured’s premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations and the premium to be charged. We may provide reports on the conditions we find. We may also recommend changes. While these reports may help reduce losses, we do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that the premises or operations are safe or healthful, or that they comply with laws, regulations, codes or standards 9.Entities That Are Registered, Domiciled or Have Ongoing Operations in Non-Admitted Jurisdictions This condition applies solely with respect to entities that are registered, domiciled or have ongoing operations in non-admitted jurisdictions. With respect to a qualified entity: a.Under Coverage A, we will reimburse the first Named Insured for loss incurred by a qualified entity that would have been covered this policy but for the fact that the loss was incurred by a qualified entity including: (1)Damages covered by this policy in excess of the total applicable limits of underlying insurance; and (2)Reasonable defense expenses incurred with our consent. We have no duty to defend any person or organization against any claim or suit brought or proceeding instituted against any qualified entity in a non-admitted jurisdiction, but we may, at our discretion, assume control of or participate in any investigation, defense, settlement or recovery proceedings. b.Coverage under this policy will not apply until the qualified entity or the qualified entity's underlying insurer has paid or is obligated to pay the full amount of the applicable limits of underlying insurance. U-UMB-103-C CW (03/10) Page 16 of 19 16.F.7.e Packet Pg. 928 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable c.The duties and requirements imposed upon any insured under this policy will not apply to any non-admitted jurisdiction. However, with respect to any claims made or suits brought in a non-admitted jurisdiction, it will be the duty of the first Named Insured to do or cause the applicable qualified entity to do such things as would be required of such qualified entity if Coverage A applied directly to such claim or suit, including: (1)Make such investigation, defense or settlement as we deem reasonable; (2)Obtain our approval for any payment; and (3)Effect approved payments to others, in accordance with the terms and conditions of this insurance. d.Under Coverage B, this policy does not apply to any liability, damage, loss, cost or expense arising out of any operations or activities of a qualified entity. e.We will promptly pay the first Named Insured at the mailing address listed in Item 2. of the Declarations the amount of damages covered under the terms of this policy. If the first Named Insured or any qualified entity recovers from any third party all or part of any amount that we have paid pursuant to this insurance, the first Named Insured will promptly reimburse the amount of any such recovery to us. 10.Legal Action Against Us There will be no right of action against us under this insurance unless: a.You have complied with all the terms of this policy; and b.The amount you owe has been determined by settlement with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a party in an action against you to determine your liability. 11.Maintenance of Underlying Insurance During the period of this policy, you agree: a.To keep the policies listed in the Schedule of Underlying Insurance in full force and effect; b.That the Limits of Insurance of the policies listed in the Schedule of Underlying Insurance will be maintained except for any reduction or exhaustion of limits by payment of claims or suits for damages covered by underlying insurance; c.The policies listed in the Schedule of Underlying Insurance may not be canceled or not renewed by you without notifying us, and you agree to notify us in the event an insurance company cancels or declines to renew any policy listed in the Schedule of Underlying Insurance; and d.Renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be materially changed without our agreement. If you fail to comply with these requirements, we will only be liable to the same extent that we would have been had you fully complied with these requirements. 12.Miscellaneous Unintentional Errors and Omissions Any unintentional error or omission in the description of, or failure to describe completely, any premises or operations intended to be covered by this policy, shall not invalidate or affect the coverage for those operations or premises. However, the insured must report such error or omission to the company as soon as practicable after its discovery. 13.Other Insurance If other insurance applies to damages that are also covered by this policy, this policy will apply excess of the other insurance. However, this provision will not apply: a.If the other insurance is written to be excess of this policy; or b.With respect to Coverage A only, if the named insured has agreed in a written contract to carry insurance to apply prior to and be non-contributory with that of another person or organization's insurance, but only as respects damages arising out of insured operations or work on behalf of the named insured performed under such written contract. The limits available to the other person or organization will be the lesser of the policy limits or the minimum limits required by such written contract. In that case, other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. U-UMB-103-C CW (03/10) Page 17 of 19 16.F.7.e Packet Pg. 929 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable Nothing herein will be construed to make this policy subject to the terms, conditions and limitations of such other insurance. 14.Premium The premium for this policy as stated in Item 6. of the Declarations is a flat premium. It is not subject to adjustment unless an endorsement is attached to this policy. 15.Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned to the first Named Insured, this insurance applies: a.As if each named insured were the only named insured; and b.Separately to each insured against whom claim is made or suit is brought. 16.Terms Conformed to Statute The terms of this policy which are in conflict with the statutes, laws, ordinances or regulations in any country, jurisdiction, state or province where this policy is issued are amended to conform to such statutes, laws, ordinances or regulations. If we are prevented by law or statute from paying on behalf of the insured, then we will, where permitted by law or statute, indemnify the insured. 17.Transfer of Rights of Recovery Against Others to Us a.If the insured has rights to recover all or part of any payment we have made under this insurance, those rights are transferred to us. The insured must do nothing after the loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. However, if any insured is required by a written contract or agreement which is executed before a loss to waive their rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations for which the insured has not waived their rights of recovery by contract. b.Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. 18.Transfer of Your Rights and Duties Your rights and duties under this insurance may not be transferred without our written consent. If you die, then your rights and duties will be transferred to your legal representative, but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having temporary custody of your property will have your rights and duties but only with respect to that property. 19.When Loss is Payable Coverage under this policy will not apply until the insured, or the insured’s underlying insurer has paid or is legally obligated to pay the full amount of the Underlying Limits of Insurance or Retained Limit. When the amount of loss is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial, we will promptly pay on behalf of the insured the amount of loss covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the Retained Limit paid by us. 20.Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any economic or trade sanctions of the United States of America then coverage for that claim or suit will be null and void. B.The following Condition is applicable to Coverage A and Coverage B: 1.Notice of Occurrence, Claim or Suit a.You must see to it that we are notified as soon as practicable of an occurrence which may result in damages covered by this policy. To the extent possible, notice will include: (1)How, when and where the occurrence took place; U-UMB-103-C CW (03/10) Page 18 of 19 16.F.7.e Packet Pg. 930 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable (2)The names and addresses of any injured persons and witnesses; and (3)The nature and location of any injury or damage arising out of the occurrence. b.Knowledge of an occurrence by the agent, servant or employee of yours, shall not in itself constitute knowledge by the insured unless you, or any employee authorized by you to give or receive notice of an occurrence, claim or suit shall have received such notice from the agent, servants or employee. c.If a claim or suit against any Insured is reasonably likely to involve this policy you must notify us in writing as soon as practicable. d.You and any other involved insured must: (1)Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investigation, settlement or defense of the claim or suit; and (4)Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. e.The insureds will not, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. f.Your failure to give notice of an occurrence to us shall not invalidate coverage under this policy if the occurrence was inadvertently reported to another Insurer. However, you shall report any such occurrence to us as soon as practicable once you become aware of such error. C.The following Conditions are applicable to Coverage C: 1. Notice of a Casualty Business Crisis You must see to it that we are notified of a casualty business crisis as soon as practicable after it first commences. Such notice shall include a description of the casualty business crisis and the reason it is likely to involve damages covered by this policy in excess of the applicable limits of underlying insurance under Coverage A or Retained Limit under Coverage B and significant adverse regional or national media coverage. We will not be liable for casualty business crisis expense incurred prior to, or more than one hundred eighty (180) days after the date notice of such casualty business crisis is first given to us. Notice to us shall be given to Zurich Claim Reporting, Care Center, P.O. Box 49547, Colorado Springs, CO 80949, Phone 1-800-987-3373, Fax 1-877-962-2567, E-Mail USZ Care Center@Zurichna.com. 2.Arbitration If you and we disagree as to whether a casualty business crisis has occurred, both parties may, by mutual consent agree in writing to arbitration of the disagreement and the right to any reimbursement for casualty business crisis expense. In this event, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, both parties must request that selection be made by a judge of a court having jurisdiction. Each party will: a. Pay the expenses it incurs; and b. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take place in the state, county or parish in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. U-UMB-103-C CW (03/10) Page 19 of 19 16.F.7.e Packet Pg. 931 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable WC 00 03 13 (Ed. 4-84) ©© 1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. 16.F.7.e Packet Pg. 932 Attachment: 23-8138R COI_Chris-Tel Company_ (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable 16.F.7.fPacket Pg. 933Attachment: Judge Porter Letter 2.1.24 (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable Infrastructure 16.F.7.fPacket Pg. 934Attachment: Judge Porter Letter 2.1.24 (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable Infrastructure 16.F.7.g Packet Pg. 935 Attachment: Amy Patterson Letter (27748 : Invitation to Bid (“ITB”) No. 23-8138R, “Collier County Courthouse Cable Infrastructure Rewiring) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Chris -Tel Company of Southwest Florida, Inc. d/bla Chris -Tel Construction ("Contractor") of 2534-A Edison Avenue, Fort Myers, FL 33901, a Florida Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") In connection with "Collier County Courthouse Cable Infrastructure Rewiring", Invitation to Bid No. 23-8138R ("Project"), as said Work is set forth in the Plans and Specifications prepared by BSSW Architects, 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 duty 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 -Nine Thousand Seventy -Six Dollars ($1,769,076.00). The additional amount of One Hundred Seventy -Two Thousand Four Hundred Eighty -Five Dollars ($172,4155.00) has been allocated as an Owner's Allowance. Any allowance dollar amount that has been included in the Contractor's Bid Schedule amount Is not a guaranteed portion of the aforementioned Contract Amount but rather is only eligible for reimbursement by the Owner if and subject to whether a specific dollar amount of the allowance is expressly authorized by the Owner and formally agreed upon and memorialized by the Parties in writing (the "Owner's Allowance"). Any dollar portion of an Owner's Allowance that is not authorized by the Owner and memorialized by the Parties in writing, via Change Order, shall not be eligible for reimbursement/payment by the Owner as part of a Payment Application submitted by the Contractor. 1 Construction Sorvicos Agreoment: [2MLver,2l k A( ) 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 htt s'!lfiscal.treasur ovlsurat-bondsllist-certified-com anies.html. Should the Contract Amount be less than $500,000, the requirements of Section 287,0935, F.S. shall govern the rating and classification of the surety, B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or It ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidates! Damages. A. Time of Performance. Time is of the essence In the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be Issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within two hundred and seventy-five (275) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Two Thousand One Hundred and Three Dollars ($2,903.00) for each calendar day thereafter until Substantial Completion is achieved. Further, In the event Substantial Completion is reached, but the Contractor falls 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 2 Construction Services Agreement; 12M_ver.2] t NO 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 darnages 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 falls 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 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 an 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. 3 Construction Services Agroemenl:12023_ver,2j Section 8. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #23-8138R "Collier County Courthouse Cable Infrastructure Rewiring". Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms ❑ Not Applicable Exhibit B-2: performance Bond Forms ❑ Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for payment Form 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 0 Applicable ❑ Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #23.8138R "Collier County Courthouse Cable Infrastructure Rewiring". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.comlbidsync-call, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresporiding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ❑Exhibit K: Permits ®Exhibit L: Standard Details Exhibit M: Plans and Specifications prepared by: BSSW Architects, 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-mall or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Facilities Management Division 3335 Tamiami Trail East Naples, Florida 34112 Attn: Clint Perryman, Project Manager III Phore: (239) 252-7435 Email: Clinton. Perr man coiliercount fl. ov a COnStrUCtion Sarvic=es Agreement: 12023 ver.2i 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: Chris -Tel Company of Southwest Florida, Inc. D1B1A Chris -Tel Construction 2534-A Edison Avenue Fort Myers, Florida 33901 Attn: Howard L. Wheeler, II Phone: (239) 226-0500 Emall: Hwheeler@christelconstrLAction.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section B. 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 CATI=GORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 1Q. 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. 5 Construcllon 8ervlces Agreement: (2023_aer.2] Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on Its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Remainder of page intentionally left blank 6 Construdon Services Agreement: t2023 uer.2] IN WITNESS WHEREOF, Its parties hove executed this Agrooment on the date(s) Indicated below. TV WITNESSES: r 'A.6 Ake-2 FIp T WITNES +ie b � Print Name yllxz2h jc� SECOND WITNESS Print Name ATTEST: Crystal K I(Inzel, Clerk of Courts & Comptroller BY: Date; Approved as to Form and Legality: Scott R. Teach Deputy County Attorney CONTRACTOR: Chris -Tel Company of Southwest Florida, Inc, d/b/a Chris -Tel Construction By: 6�5 Howard L, Wheeler II Print Name and Title Date; 11/29/2023 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Date: Rlcic LoCastro, Chairman 7 Con$ifudion Sorvlees AgrffofaleO 12023 vor.21 EXHIBIT A -'I : CONTRACTOR'S BI❑ SCHEDULE (FOLLOWING THIS PAGEI 8 Construction Servicos Agreement: (2023 ver.2) CAA 23-813HR Bid Schedulde Project T11W Collier County Courthouse Cable Infrastructura Rowiring Lltie Item Phase i Unit Cost 1 2 3 4 5 6 7 fl 9 10 General Conditions & General Requlremeht5 Dala Cabling Card readers Selective Demolition Roofing Interior Construction and Finishes FireProtectlon HVAC Mechanical & Controls Electrical Flre Alarm LS LS LS I's I.S I.S LS LS IS IS SuhtoLai (1-10) $3138,693. $997,844. $9 920. $10462, $13,774, $1z2p441. $382a17. $146,996. $35,181. $11,475. $1,769,01 TOTAL BID $ir76$,p76 (OWNER ALLOWANCE' T&M $172,4RS `Staff has allocated a percentage of the Iola/ bid es an Owner's Allowance - 9.75% of the totaf bid amount for Owners use as virecrec. rats Allowance will be used only el the Owner's direction to occompilsh work due to unforeseen conditions and/or by the Owner. inclusion of the Allowance as pail of the Contract Price is not a guarantee (het the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Metoriels supporting the Chan-9e, CAO EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction SeNices Agreement: [2023_ver.21 CAO COIA'ar County Procurement Seivices Division Date: Sept 25, 2023 Rinail: Kristofer,lopez c7cotIiercountytl.gov Telephone: (239) 252-8375 Addendum 41 From; Kristofer Lopez, Procurement Strategist If To: Interested Bidders Subject: Addendum #1 Solicitation 423-8138R — Collier County Courtliouse Cable Infrastructure Rewiring The foliowing clarifications are issued as an addendum: Change 1: 28 °13 8 13Lj Selaedkt4e4a-s--been-i°eine i. 23-8113 id Schedule Revised has been a &pded into i id Sync. *This revision addresses a clerical error and no mnterlal changes have been made. If you require additional information, please post a question on our aid Sync (Nvww.bids nnc.aom) bidding platform under the solicitation for this project. Please: sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. � (Signature) Chris -Tel C:oinpany of Southwest Florida, Inc., dba Chris-'fel ConSIRIC6011 (Name of Firm) 09/26/2023 Date FORM I - BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Collier County Courthouse Cable Infrastructure Rewiring BID NO. 23-813SR Full Name of Bidder Chris Tel Company of Southwest f'iorida Inc. dba Chris -Tel Construction Main Business Address 2534-A Edison Avenue fort M ors Flni�da 33901 Place of Business 2534-A Iidison Avenue, Fort M ers, Florida 3391}l Telephone No. 239-226-0500 Fox No, 239-226-0503 State Contractor's License # COC3 8453 9 State of Florida Certificate of Authority Document Number P93000007246 Federal Tax Idcttlifioation Number 65-0394539 DUNS it 55-591-3904 CCR# NA Cage Code NA To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter culled the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, Firm or corporation, that it has carefully examined the location of the proposed Work, the proposed form of agreement and all 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 aild other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish [lie Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set fort)) in the following Bid Schedule: Unit prices shall be provided In uo more than two decimal points, and in tine case where further decimal points are inadvertently provided, rounding to two decimal points tivill be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement farm attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Band 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 Ccrtitcates and Bonds are not executed and delivered to Owner within the limo above sot forth, as liquidated damages, for the delay and additional expense to [he Owner, it being recognized that, since time is of the essence, Owner will suffer financial lass 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 ftlilure, 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 tine 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 CAO Construction Solicitation Doc rev 04152022 above noted liquidated damages as a penalty, which the pmllos 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 u timely manner. Upon receipt of thu signed and approved agreement and Purchm 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 unicss the Project Manager, in writing, subsequently notifies the Contractor of n modified (later) commencement dale, 'fhe undersigned further agrees to substantially complete all work covered by this laid within two hundred and seventy- five (275) consecutive calendar days, computed by excluding the commencement dale and including the last day of such period, And 10 be fully oomplctcd to the paint of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement dolt; and including the, last day of such period. Acceptance and acknowledged by an Authorize Agatd Signature. Title., award L. Wheeler, I1, President Date: September 25, 2073 ConstrucUon Solicitation Doc rev 04152022 CAO FORM Z - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO T14E PROJECT Collier County Courthouse Cable [Orastructure Rewiring Bid No. 23-8138R Name Charlie Radigan Dan Plein Construction Solicitation Doc rev 04152022 Personnel Cutcg_nry Construvtion 5uperintendeni Project Manager CAO FORM 3- MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED Oil DID MAY BE I]EEIVIED NUN-RKSPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this 13id specifications, including compliance Witlt Florida Statute 255-20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. EXCCpIianS (When equals are acceptable) may be requested by completing the Material Manufacturer Exccption List below. if nn exception far n manufacturer and/or material is proposed and listed below and is not approved by Lngineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not uonsliutte acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance ornll manufactures and mnterials in Bid specif10ntio11s) On behalf of my firm, I confirm that we Will use all manufacturers and materials as specifically outlined in the Bid specifications. Company; C'hris�zcl Company of Southwest, Florida, Inc., dba Chris-Te-1 Construction Signature: Dale;. September 25. 2023 Section B (lixception requested to Bid specifications manufacurers and malcri,als) F'XCEVI'jQN MA' ERE I.Xcr-'yF' QN MANIS�RCIt I. NA NA 2. 3. d, S. Please insets additionul pages its necessary. Company: _Chris; Vel Company of Southwest Florida, lnc., dba Chris- I'eI Construction Signature: -- — —----____-- Date Se tp ember 25, 2d23 Construction SoNslfalion Doc rev 04152022 FORM 4 - LIST Or MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specificntions, The undersigned acknowledges its responsibility fur ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 ❑fInstructions to Bidders) and ntect all legal requlremc.nts applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certiflcrttions, registrations and insurance coverage, The Owner reserves the right to disqualify any Bidder who includes non-comp[iant or non -qualified Subcontractors in its bid offer. Further, the Owner %nay direct the Successful Bidder to remove/replace arty Subcontractor, at no additional cost to Owner, which is found to be non -compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed), Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall Identify all Subcontractors it intends to use on 1ho Project, The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Company: Signature:: Chris -Tel Company of Southwest Florida, Inc., dba Chris -Tel Construction Construction Solicitation Doc rev 04152022 Date: _spplein g 25, 2023 CAO FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE, The Bidder is required provide five (5) project references, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experietice, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. I' Lehigh Senior High School Addition Lee County School District (project name) 901 Gunnery Rd N, Lehigh Acres,FL 33971 (project location) 28,000 SF addition & auxiliary renovations (project description) (project owner) 3308 Canal Street, Fart Myers, l~L 33916 (Owner's address) Steve Hanna (Owner's Gonlact person) December 20181 August 2019 S 9,286,873 239-479-4245 (project start/completion dates) (contract value) (phone) 2, Cypress Cove Interior Renovation (project name) 10200 Cypress Cove Dr., Fort Myers, FL 33908 iproject location) Interior renovations on occupied campus (project description) Project Manager ^(title) steplien lh@l ces chools.n et (email) Cypress Living, LLC (project owner) 9800 S Healthpark Dr. STH 301, Fort Myers, FL 33908 (Owner's address) Troy Churchill President/CEO (Owner's contact person) (title) February 2023 1 April 2026 S 8,314,864 239-349-3296 tchurcliill r c resslivin .or (project start/completion dales) (contract value) (phone) (email) 3. Justice Center Proper Plumbing Replacemc:W (project name) 2000 Main St., Fort Myers, FL 33901 (project location) Replacing plumbing titroughout entire complex (project description) Lee County Government (project owner) 1500 Monroe St., 4th Floor, Fort Myers, FL 33901 (Owner's address) Manger, Facilities Construction Scott Musheff & Management_ (Owner's contact person) (title) January 20231 April 2026 S 19,490,800 239-533-9529 (project starticompletion dines) (contract value) (phone) Construction Solicitation Doc rev 04152022 smusheff lee ov.com (email) t ?tit" FORM 5 - STATEMR, NT OF EXPERIENCC OF MIDDER 4. MY Shower DoorM# Glass Headquarters MY Shower DooriW (project name) _ — (project owner) 16431 Domestic Ave., Dort Myers, FL 33912 16431 Domestic Ave. Fort Myers, FL 33912 (project location) (Owner's address) 60,000 SF new manufacturing facility (project description) Bill Doubnlatln (Owner's contact person) President (title) August 2018 f July 2019 $ 4,774,125 239-299-0320 bill@rnyshowerdoor.conl (project completion date) (contract value) (phone) (email) S. Estero Boulevard lmpprovements (project namt) Estero Blvd., Fort Myers Beach, FL 33931 (project location) Major utility/infrastructure improvemcnis (project description) September 2015 / February 2022 $ 70,979,854 (project completion date) (contract value) Lee County Government (project owner) _ 1500 Mosiroe St.. 4th Floor Fort Myers, FL 3390)_ (Owner's address) Rots Phelan (Owner's contact person) (title) 239-533-8594 rphelan@lecgov.com (phone) (email) Company: C111,ls-Tel Company of Southwest Florida, Inc,, dba Chris. -Tel Construction Signature, Date: Sep A bet 25, 2023 Construction Solicitation Doc rev 04152022 >CA O FORM 6 - TRENCH SAFETY ACII THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective Octob$r 1, 1990. The Blddcr further Identifies the cost to be summarized below: Trench Safety Units of Unit unit Extended Cost Measure Measure a ntik Cost (13050 iption(LF SY I. 2. 3. 4. 5. NA Company. Cliris-Tel Company of Southwest Florid Signature_ Construction Solicitation Doc rev 04152022 TOTAL c., dba Chris -Tel Construction 0.00 Date: qMp S�, 2023 CAO I -- FORIl4 7- t31D BOND mis r'C]Rm mus'r oc ('ompt.ri-i;t] OR BID MAY BE DELMEA) NON-RESPONS1YC`dNON- RESPONISM.L KNOW ALL MEN BY THI:,Sr PRESEM I`S, 1hal we Chris- -TeI Come of 8o r�ltl sk Florida, Jpc_ftd p 11ris•Tel Construction.. therein aftercalled lie Princil)(M And (htrehn gilled the Stlmty), a Corporation chartered and ellJsting under fire laws ttf the State of .._-t2elawaca.._.— with its principal o1'Fces in the city of_�reerlwich�C9nne and authorized to do business in dig: Stale of ta•e held and firmly bound unto tite Cdlter Colony -Baca llercitlnfter etdled Ilse Owner), ill the full andjUSt SUM of _ _ _5% 4t,AS49tPR�Ily�it� Ed _. �.,. dolInrs (S­ _5% ot Sid ___—_.J good alld IewfliI 1110twy of the Uaiwd States of'Amcrica, to Liu paid upon demand of tilt Owncr. to which paynlew well and truly to be nlw1Q. tte 116wipal and tllc dSmely Imid Eli enls{:Ives. Illelr lletl'9, And exeCIHMS, Administrators, and assigns, jointly and soverally and firmly by these presetits, whereas, tie Pri+icipal is about to submit. or- hos submitled to the Owner, a 13id fug iirl'ttjshhtg Ill) labor- ntalcrials, equipment and incidentals necessary to furnish, install, and hilly corllpleie the Wark nn the Project known as Sid No. 23-SIARCollier County Courthouse Cable 1ltfrnstrllttur c 1t;ewil•ing N, 0W, "i-I-lFRf;;F0RE. if the Omljl er shall accopt tite Did of flu: PRINCIPAL and the PRINCIPAL. shall enter into the required Agreement with the Owner and within ten days after the Otte ofa writien Notice of Award in accordance with tile tenitS of slick Bit}. And give srrch bond or bonds in ail Amount ltf 100% tilt total C'onti,tct Amount mi spe6lied in die Ridding Documents or Contract Documents with good and SuftilricntSurety lot -the Adtht'ul periortiiance of the Agreement and for the prompt payiimit or labor, mstel'lells mid supplies furnished lit t1le tir0S(:CL11iQ11 tlimof or, in the event of the failure of the PRINO PAL, it) onler into slick Agreemmil or to glyo strcli bond or bonds. and deliver to Owner the required 4t rtlliCatCS of 41surancc, Ifdtc PRJNf'IIsAL shall pay to the OBLIGEE the filet) slmh ol'$ 88,4454.01) _ noted abovc as liquidated damAgcs, and not as a pencity, as provided 1n the Bidding Documents, then ibis rrbligation shall be 111111 and void, otherwise to remaitr in full force stlid effeel, IN TESTIMONY 'f•IiCrerrt; the Priilcipai slid Surety have cnlised these presents 10 be duty sigilud and scak:d this 151h day of_._, August '2023 BY Chris-7el CarnnBnY dt SaulNwesl Florida, Inc, #tAs Chris -Tel Construction -,� llrincipal MihanyT. pc.J�hilampy•!"aalarCLiwnaeaFiandaResl�rnlAgenUA19e6oe Co ittersiLpied Appointed Producin); Agent rot, M.E. WIson Camoan-'LI�l.0 (Seal} Surety (Scat] CA No, BI-10125f-el POWER OF ATTORNEY BERICLEV INSURANCE COMPANV WILMiNCITON, DELAWARE KNOW ALL MEN BY 'riim PRESENTS, that BERKLEY INSURANCE COMPANY (tile "Colnpalry"), a corporatiOtl duly organized and existing under the laws of the State of Delaware, (laving its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents Make, constitute and appoint: Chrisllne 11. Prlla 01' A1itldorry Y: Papa, Jr', aJ'AIX. Wilson Conpparkv, LLC of Sterasolcr, FL its true and lawfid Attorney-tn-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no Single obligation shall oxceed nifty Million and 001100 U.S. i]ollars (U.S.$50,000,000,00), to the sanle. extent as if such bonds (lad been duly executed and acknowledged by the regularly elected officers of the Company At its principal office in their own proper persons. This Power of Attorney shall be consh•ued acid enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles or conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted fit a meeting of the Board of Directors of the Company helot on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Hoard, Chief Executive Officer, President or nuy Vice President of the Company, in conjuno0ou with the Secretary or any Assistant Secretary are hereby aulhorized to execute powers of attorney authorizing and qualifying the attorney-io-Fact natued therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of tile Contpany to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the Manner anti to Use extent therein statod; and further RESOLVED, that such power of attorney revokes all previoris power's issued on behalf or the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of tile Company; and such signature and seat when so used shall have the same force and effect as though manually affixed. The Company may continue to rise for file purposes herein stated the facsimile signittul-o of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when stick instruments shall be issued. IN WITK SS NNW:T CE.C1t', the Company has caused tlictic presents io.Jaa signed and attested by its appropriate officers and its corporate seal bercunto affixed thisEth day of June 022 . rk'`Syn�N4.{ Attest; 13cri:.l Insurance Company ri By 13Y ., 'l?r1I. TrH '. ederrnau Jc ' after � l41S ti #t� � Executive dice President & Secretary BSc if 'rrsiclent S8'r,kTE. OF CONNECTICUT ) ) ss: COUNTY ON FA WFfELU ) Sworn to hofore n►c, a Notmy Public in the State of Counerticut, this eth day of _ June 2022, by Ira S. Lederman find JeMey ]A- linfi +a who are swot•u to we to he the Executive Vice President Secretary, arid, 11K Senior Vice J•'residwp r-c; cclivnl of Berk ley lusursncc Coto any. MAP11A C. nuNnNaxE P ys p NDTARY 11UH1 IC CONissIoN:Vr / / .[jet- My conrtlIL30,N 21:alf1li8 ut !'ublic, date of Conneaimll Ai'aiIL94/,+2024 f+7-C `7 �' I, theu❑dersigiwd, Assisr•ail Secretary of BERKLEY INSURANCE CONUTANY, DO HERE,NY C:EICrn Y that the t'orcgoing is a true, conrc t and compleic copy of ibc original Tower n{ Attonicy; Ihxt sxid PCiwcr of Attarney has on[ becu re-vaked or r-rsOnded and.thttth autlr❑rity ❑f'tire. ArlcnneyAn-f ncl sea forth thearein, who executed thr hand or undoilalinr, to which Chia Power of eglA11t 6L , l'RlNi p Ltkrd, Is if) R111 foTCC and effect krat of this dais. I t'pe" h "rt t a❑dcr uty hand and saal of the Coiapaoy, this 13_tii _ cik c>f dBCe t]k3 2023 iy+AYIAR� Vinceut P. Forte - FORM 8 - INSURANCE AND BONDING REQUTREA+ ENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of I;ladda as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insttrance 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 Consullant, Subcontractors, agents and ernployces of each and all of them, all damages covered by property insurance provided heroin, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall mrquire each ofthem to include similar waivers in their contracts. Collit:r 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 or comer 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, its an additional insured as to the operations of Vendor under this solicitation and shall contain a severabilily 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 bchall' ofCollier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 9 with the use of Insurance Services Office (ISO) Forms and endorsements or their equivalents. Ir 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. CoyeragcL-tj shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of wort' by the County or as speciljed in this solicitation, whichever is longer_ The Vcndor 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 (iris requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have: the aggregate limit reinstated to the full extent permitted under such policy, Should at any time the Vendor not maintain the insurancc coverage Ds required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverageW purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount clue Vender under this Agreement or any other agreement between the County and Vendor. The Comity shall he under no obligation to purchase such insurance, nor shall it be responsible for the coverage put -chased or the insurance company or companies used. The decision of the County to purchase such insurance coverage( shall in no way be construed to be a waiver or any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate((*) of insurance not .later than ten (I0) calendar days after the expiration date on the certificate, Failure of the Vendor to provide the Comsnty with such renewal cortificate(s) shall be considered justification far the County to terminate any and till contraels. CA (-I Collier County Florida Insurance and Bonding Requirements Insuraace I Band Type Required Limits 1, M Worker's Compensation Statutory Limits ar 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 slaall not be required to provide a proof of exemption. An application ror exemption can be obtained online at htt s:f s des cxcm / 2. ® Employer's Liability $_1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Properly Damage Liability (Occurrence Form) patterned after the S-1,000,000single limit per occurrence, $2,000,000 nggregate for Bodily Injury current ISO form Liability and Property Damage Liability, The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4, Z Indemnificalior, ro the maximum extent permitted by Florida law, the C❑ntraclor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent Caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the perrormance of this Agreement, S. ® Automobile Liability �_1,000,000_ Each Occurrence; Bodily Injury & Propetly Damage, Owned/Non-owned/Hired; Automobile Included G. ❑ Othcr insurance as ❑ Watercraft S _ Per Occurrence noted: U United States Longshoreman's and Harborworkor's Act coverage shall be maintained where applicable to tlae completion or the work, $ Per OCCUrrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occun•cnce 0 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 Agrccmenc S Per Occurrence ❑ Pollution S _ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $� Per Occurrence ❑ Valuable Papers insurance S_ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions S Per Occurrence CAO 7. M Bid btmd Shall be submitted with proposal response in the form of certified Funds, cashiers' check or an irrevocable lcttcr 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. S. VN Performance and For projccts in excess of S200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award atnount, the cost borne by (lie 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 ftnaneial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Rest Kcy Rating Guide, published by AM, Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 0 Vender shall ensure that all subcontractors comply with the same insurance requirements that lie is required to meet. The same Vendor shall provide County with ecrtificates of insurance meeting the required insurance provisions. 10, ® Collier County must be flamed as "ADDITIONAL INSURED" on the Insurance C4rtlfiGate 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 Intsured and the Vendor's policy shall be endorsed accordingly, 11, 0 The Certificate Holder shall be named as Collier County Shard of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Gnver,tment, 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 perrormcd an behalf of Collier County. 12. E: on all certificates, the Certificate Balder must read: Collier County Board of Commissioners, 3295 Tarniami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall n❑t include Builders Risk premiums in its project }proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG — 611212023 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements or these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Tile, insurance submitted must provide coverage for a ininitnum of six (6) months from the dale of award. C'AO CERTIFICATE OF LIABILITY INSURANCE CATS{MMlDDlYYVYI N212023 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 bo endoTRed. 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 Ilau of such endorsement s . PRODUCER CONTACT Wallace Welch & Willingham, Inc. PHHONp FAx 300 1st Ave. So., 5th Floor _ � tl: 727-522-7777 - _ .- 727-521-21102 Saint Petersburg FL 33701 n,po� oerliflDates�w3lns.�om INSURER(,) AFFORDING COV.tiAGE INSURERA: ZUrfoh American Ins. Co. _ INSURED CHRICOM-31 INSURER B,-TOklo Marine Specialty Ills. Co- Chrls-Tel Company of Southwest Florida Inc dba Chris -Tel Construction IHsU_F'E;c: 2534 Edison Ave INSURERn _-.. Unit A INSURFR 6 -' Fart Myers FL 33901 T COVERAGES CERTIFICATE NUMBER:1990103167 REVI5110N NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTF-D 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 6E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$ SUBJECT TO ALL THE TERMS, _ EXCLUSIONS AND 00NOITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IR TYPE OF INSURANCE AD L _ POLICY PU ICYE�F POLIOYEXP LIMITS _LMA X COMMERCIAL GENERAL LIABILITY Y GLO740439701 511l2023 51112024 EACHOOCURRENOE 32,00D,ODO CLAIMS -MACE � 0CCUR P�Iifgk2 rbtd'Aass 3300,000 MED EXP (An ana arson 5 5 000 PERSONAL 3 ADV INJURY B 2,000,000 OEN,LAGGREQATELIMIT APPLIES PER POLICY I 71 JEraOT LOC OTHER: GENERALAGORGGAIE _ _ 54.000,000 PRODU=-OOMPIOPAeO_. 5,000,000 S A A AUTOMOBILE X X X LtMILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTO$ AUTOS ONLY AUTO bNLY UMBRELLA LIAR /( OCCUR EXCESS LIAe CLAIMS MADE BAP671212901 AUC970954501 51112023 $1112023 51112024 51112024 E° eC IT 3 1,170o_Doo BODILY INJURY (Per parson) S BODILY INJURY (ParerddeM) PROPERTYDAMAL'iE S 9 EACH OCCURRENCE S 10 000,c0 AOGREOATE 310,000 A W4RKFRs COMPENSATION WC$71212EI01 51112023 51112024 AND EMPLOYERS' LIABILITY YJ N ANYPROPRIETOWhAR7NERIEXECUTIVE MIA 9 FFICE!YMEMDERF. XCLUOEO9 6�8C9IPTI6N OF OPERATIONS hnlew E.L. DISEASE -POLICY LIMIT I S 1.UUM.4UU 9 1 PRORPOLL PPK2460532 9l112022 9W2023 LIff11t bf lnSUraneo $2.000,000 Retenliorl I $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLEO tAGORD 101, Addlllernal Rernarkg Sahldulo, may be attached d more!peon la roqulredl 5olidtation No.:23-8138 Collier County Courthouse Cable Infrastructure Rewiring' Collier County Board of County Commissioners Is 8ddillonal Insured on a primary and non-coniribulary basis with respoct to General Liability If required by written contract, subject to terms, conditions, and exclusions of the policy per tillached endorsement forms. Co6lar County Beard of County Commissioners is additional insured on a primary basis with respect to Auto Liability If faquired by written contract, subject to Lhe terms end conditions and exclusions of the policy per ettached ondorsemanl forms, Sae AUeched... CERTIFICATE HOLDFR _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLVD, BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL RE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISION$. Collier County Board of County Commissionars 3296 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112 i Ir C 19$8-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CHRICOM-01 I-OC M ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AoENCY NAMED INSURED Wallace Welch & Willingham, Inc. Chris -Tel Company of Southwest Florida Inc dba Chris -Tel Construction POUCY NUMBER 2634 Edison Ave Unit A Fort Myers FL 33901 CARRIER NAIL COpE teFFECTIVE DATE: w In I^■IAI btAAAMVC ACORD101 (2008101) WdfUUt5A%,UNUu ,LJMr'%J MIIWIN- nlltPd--,........ The ACORD name and logo are registared marks of ACORD a fley C014-pity Procurement Services Division t'ottlyi 9—00NJ,'t.tcr or INI-CREST nFirtanvrr The Vendor certifies that, to 11to best of its knowledge and belief, the past and current work on any Collier County project affiliated with this sollcitation does not pose an organizational conflict as described by one of the three categories below: Bi:used ground rubs --The firm has not set the "ground rules" ror 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 perf❑rmanct~ of itself ❑r 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 it Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations anti contracts. In addition to this signed affidavit, the contractor / vendor must provide Elio rollowing; 1, All documents produced as a result of the worlc completed in the pastor currently being worked on for the above - mentioned project; and, 2. Indicate if the information produced was obtained as a intitter of public record (in the" sunshi tic") or through non- public (not in the "sunshine") conversation (s), meeiing(s), dooument(s) and/or other itteans. 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($). By the signature below, the firm (employees, officers audlor agents) certifies, and Itcreby discloses, that, to the best or their knowledge and belief, all relevant facts concerning past, present, or currently planted 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. Chris -Tel Conipany of Southwest Florida, Inc., dba Chris -Ted Construction ornpany Name - Signature Howard 1., Wheeler, 11, Piesidcnl Print Name and Title State of Florida County of Lee The foregoing instrument was acknowledged baforc me by means of 17 physical presence or Cl online notarization, this 25tlt day of September (month), 2U (year), by Howard L. Wheeler, II (name of pers p, NICOLETAYLdR Y Not Pubtic - Skate at Florida (5'gnature o N tar ublie -State of Florida) Commission 0 NH 431099 pF_d My Comm_ Fxplres Atl9 23, 7027 Bonded ` , lhrau�h national Hatary �tsstt, (Print, Type, ar Stamp Co n3issioned Name of Notary Publiv) Pers❑nally CCnown OR Produced Idenlillcation Type of identification Produced CA O Im CO Yew County Procurement Servioes Division CORM 10— VENDOR DECLARATION STATIME NT BOARD OF COUNTY COMMISSIONERS Collier County Govom went Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any atltier person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specificationsiscope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collicl' County document for the purpose of establishing a formal contractual rclntionship between the firm and Collier County, for the perfannance of all requiremems 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 those goods andlor services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform its a sub- veudor for any future associated with work that is a result of this awarded contract. 1N WITNESS WHEREOF, WE have hereunto subscribed our names on this 25th day of September , 2023in the County of Lee , in The State of F'larida_ Firm's Legal Chris -Tel Company of Southwest Florida, Inc., dba Chris -Tel ConslR101ion Name, Address. 2534-A Hison Aveune City, State, Zip Fort Myers, Florida 33901 Code; Florida P93000007246 Certificate of Authority Document Number Federal Tax 65-0384339 Identification Number _ *CCR If or CAGE Code *Only if Grant Funded Telephone: 23 9-226-0500 Email: Signature by: (Typed and Written) 'title: ]i►vltieelerQcluis[elcanslruction.canz CA ( Additional Contact Information Send payments to: Same As Above (required if different Company nanic uscd as payee from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: office servicing Caliier Sanic Ax Above County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: CA 0 Go 7t'Y cUunky Procurement Services Division FORM II -IMMIGRATION AFFIDAVITCirRTIFtCATION 'this Affidavit is required and should be signed, notarized by an Authorized principal of Cite firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the 2-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 pi,oftle page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's hid or within flvc (S) day of the County's Notice (if Recommend Award FAILURE TO KXECUTE THIS AFFIDAVI,r CCRTIFi A'f10N AND SUBMIT WF1'I1 VENDOWS PROPOSAUR D AY DEEM THE VENllUlt NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a Violation of the employment provision contained in 8 U.&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 (c) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they fire fully compliant with all applicable immigration laws (specifically tO tilt 1986 Immigration Act and subsequent Amendment(s)) that it iS aware of and in complisnee with the re uir ments set forth in Florida Statutes 'A .095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and ro provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Chris -Tel Company of Southwest Florida, Inc_ dba Chris -Tel Construction Company Narne Signature ward L, Wheeler, 11, President Print Name and Title state of Florida County of Lee The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarizntion, This 25th day of September (nhonilt), 2023 ..._(year), by Hovyttrd L. Wheeler, II (name of ersa a ^kr inp e v'pt. • NICOLE YAYLOR .� Y. Notary pu6HG • State of Florida i Commtsston A Hitdt7o+>9 (sig alttre of No try ublic -State of Florida} µy Comm, Exptfa, Aug n, 7D27 $ended through National Rotary Asrn. W Q. P� f (Print, Type, or Stamp Com issioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced CM) 712612019 E.Uarlfy: Employar Wizard , Company informailon F.-Verify. Welcome Julie DeRro Company Information Company Name Chris -Tel Construction Company ID Number 231434 Doing Buslnoss As (DBA) Name DUNS Number Physical Location Address 1 2534-A Edison Avenue Address 2 City Fort Myers State FL Zip Coda 33901 County LEE Mailing Address Address I Address 2 City Stato Zip Coda hupa'Ile-verify.usr.Is.povlwoi)lkmpluyerVYlzard.aspx MENU S.Verlfy, Employer Wiaerd - Company Informstlon Additional Information Employer Identification Number 650384539 Total Number of Employeas 10 to 19 Paront Organization Chris -Tel Company of Southwest Florida Inc. Administrator organization Designation Employer Category Federal Contractor with FAR E-Verify Clause Fedora Contractor Category None of these categories apply Employees Being Verified All new hires and all existing employees assigned to a Federal contract View I Edit NAILS Code 236 - CONSTRUCTION OF BUILDINGS View! Edit Total Hiring Silos 1 View I E; fli Total Palltts of Contact 1 View I EEt View Original MOU Template View IVIOU lillps:rle-vorlly,uscis.govlweblEmployarWizard,aspx1.19 MN20i $ E-Votify' Employor Wirt{ -Company Inlorinallorl Last Login: 07/265/2019 NIS PM U.S. Departinont of Homeland Security U.S. Citlzenshlp and Immfgrotlon Services Enable Permanent Tooltlps 1lctessIbility Download Vtewem h11pS CA(� 12gpanmew or SlaLe 1 DivisiQu !pf Q4fnorabg, I Soarclti BftM do 1 5eamh by Entity. Na1Y4 I Detail by Entity Dame Florida Profit Corporation CHRIS-TEL COMPANY OF SOUTHWEST FLORIDA, INC, EJ&g Information Document Number P93000007246 FEIIEIN Number 65-0384539 Date Filed 01/29/1993 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 02/19/2010 Event Effective Date NONE PAMIRAt Address 2534-A EDISON AVENUE FORT MYERS, FL 33901 Changed: 01/05/2007 Mailing.Addmu 2534-A EDISON AVENUE FORT MYERS, FL 33901 Changed: 01/05/2007 ftgistered Agent Name & Address. WHEELER, HOWARD L, II 2534-A EDISON AVENUE FORT MYERS, FL 33901 Name Changed: 0310312015 Address Changed: 01105/2007 Q fIcerlDlrector Detail Name & Address Title D, President WHEELER, HOWARD L, II 2534-A EDISON AVENUE FORT MYERS, FL 33901 Title VP ICAO DEPIRO, JULIE M 2534-A EOISON AVENUE FORT MYERS, FL 33901 i,r, 1=1 I::{• Report Year Filed (late 2022 0412612022 2023 04/1012023 2023 06/14/2023 Document Images Q� Aog1 i i 1IZt Ai RIZP01 f --- Vlww Imegw In Pi famrrr4 O0W2023 —ANNUAL REPOR View image in 1i fwmat St;li7nl ilaZi NDEO ANNUAL F3EPUf2i View image in i formal {I t12C+20`��'AdLfLJAL Rrl�UR7 -_ VIDw irmige iri Pi format View image In POF fgmrnl 49Cif> t-=-tiNNllAI I EPQf;� View Image In Pf7F famrai U ifts1201 l -- ANNUAL FtL=F ORT View irnage In PC11= format 1 If-2.r2 712QJ1L---ANNMAi i View Imagrr in PIaF format 0510112017--ANNIJ.ALi View Imago Ill Pi format 0_I11 pd2010 --ANNUAL REPOR-f. View image in POF format — alu2rr2a tv NC)Gi7 ANNl1Al,}3E;j? 31 View image In IsfDF Format P Vlaw, Imago In Pi formal 01l2%72U'1+L--_Aill l�lpLf3GP4QT VIli iml+ge in PDF format t>J 1 Sr k+.Js�i1:131�ki7 At31�i1�111. kE�nRr View Imap in PQF room! n ' Vlaw Image In POF formal 0212=012--ANIg11AL Ftt' FORT View image In POP faimsl 010-IR01 I ••ANNUAL i Vl w iiriaftn i+} PDF fannat 0211m010 •-Ampnju% View Irli M F1W formal 71l 11F1YIU'ISI •-_ANJ tJ L FtERC7FYf View Image in POP farnrr+t 0112U12Udli --ANNUAL REMU View image in PDF formal trirnr a�1Q •- b1f11 1r Itdulg - View hnayo In POF Fermat - fX11i9�?f 1�NNiJA,I�I; PSi ?T_ View image 6 PDF fa_mat—.---J ayo&1200-7 -ANdUAL_I3CPQKI View Imaige In F aF Ivr0lkIl J gXL0QQQ6 --ANNUAL REP OKE Vlow linage In POF inrmat Q M=p5--ANNUALt EEQ T View Irrrnge it) POP formal 0211fl120t}A AI ENURE f3EP01<7 View irriagp in PDF fonnat 9$L1122042 . , NN0I,, View mlagp in i foram 1AJ�fr�j :•ANNUAf• RF C Vlow Image In MF furrnart 1 View image in i ferirlat View Image. In Pi farntat J .. s1 j _--gdNUAL REf�Qf�x , View Image In PDF format �72511393 -- ANNUAL l L 'F OR [ View image in PDF format j Sai�ifdal�li`?I ,Ay�tlLll I� fiL View imap in PDF farw l 0611211WO --ANNUAL RPPF�i View intagfr In r"Or fortrlal Dwoy19fd5--ANNUAL z-eQ3' Vinwimagoiniiformal CA{} APPLICATION FOR REGISTRATION OF FICTITIOUS NAME REGISTRATION# G23000036994 Fictitious Name to be Registered: CHINS-TEL CONSTRUCTION Mailing Address of Business: 2534-A EDISON AVENUE FORT MYERS, FL 33901 Florida County of Principal Place of Business: LEE FE1 Number: 65-0384539 Owner(s) of Fictitious Name: CHRIS-TEL COMPANY OF SOUTHWEST FLORIDA, INC. 2534-A EDISON AVENUE FORT MYERS, FL 33901 Florida Document Number' P93000007246 FEI Number: 85-0384539 FILED Mar 21, 2023 Secretary of State I the undersigned, being an owner in the above fictitious name, certify that the information indicated on this form is true and accurate. I further certify that the fictitious name to be registered has been advertised at least once in a newspaper as defined in Chapter 50, Florida Statutes, in the county where the principal place of business is located, I understand that the electronic signature below shall have the same legal effect as if made under oath and I am aware that false information submitted in a dooument to the Department of State constitutes a third degree felony as provided for in s. 817A55, Florida Statutes, JULIE DEPIRO 0312112023 Electronic Signatures) Qate Certificate of Status Requested (X) Certified Copy Requested (X) CAO Rs z 0 u O u 'Q W k w LLJ en m zIA E �. z ¢ C4 w ~ N u 0 E cJ �- O J d q O o• as cl' LL V uw CO) Ln - U ._ ra o Z u s H w U a� J >' J D w C lH W z ;; ❑ o L LU.�- o CO D �., b cn W J �i a c M V u -7 "' Lu LL W •vs o �— c v LLLJ w 0. o o W Z4 -oh W-9 Request for Taxpayer Give Form to the 'Ray. ✓]✓.lobo+ ay]OId) identification Number and Certification requester. Do not or ilia ryvlgrirry neloruwl sand #0 #114 IRS, ne4u,ull9IiInt tea to WWwJrS.}yav1FormW9 for inatruatlons and the latest Information. y Numr_ tun shCwl, pry VOUr Incorno Inx ✓ease). Name 6 , ogi,lrad on this no; do not lonv4 tlils lily) blank, Chris -Tel Company of Suuthwest Florida, Inc. 2 (SV011N N ht,nl7)n±ardc;rgynrd cl anuty Q1114, If eillfura111 fr)111 ntli2va Chris -Tel Canslruction m3 C,hggh .ipp iuVilatu box roi inder111 lair pinssillt; ntInrl of 010 f,alCdln wlsUan namo Is antorurl on kris 1. Check only ono of the 4 F,r..�mpliona lcodm apply only to rn 2L foflawhV seven imxw. corlai,i untnlor. pal Indtvlduals; 9so R r^I ��I rr� 1�^-'-'ryI L] 0 Inblvldlydlleaia pruprlalor or 0 C CafparaWn 4� S C.17fWrYYAlian �I PurineYslrlp `l 7rr1dVa61atd Inulmallflrla an papa a): df r9 vi0gl Y•mnmbnr LL4 Cxurnpl finyoe rodn I,t nay} 2" rl Lknllad Iinblllly cornpnny, inter the tax claarrlf{cnllarl f C -0 GaporStlpn. $=S ampar4llon. P Parinarshlpl f U Nato; Check the eppluuprlute box in ilia 11no nbayn for the laK ciesslllonuoii of ilia sII1pIu•melnber lswllar. On not shack L:nmplfnn from ♦:ATCA rupolllrlg LLC It thin LLC is rlgsylflod nY a singim-m)rnhnr LLC That is dlsragardod horn the ownw unloas the owner of the LLC is LLG 11mt to dlyreglirU9d born Ihn owner lot U.S, fadoral teF Qlhorwiso, a ningla•rlrentbar LLC 01e1 Endo (ir any) )nrrllrgr not puipnyes, it dl9regarded burn the Maur chuuld dheol, Ilia apprapilnlu bux Ior Ilia lox clonslllootlonal IN. owngr, ollsol("*Irisnuclianu)r WpRrranilMnenana+lrun,�rxlernau,lY J Addrcrse (n41nllritr. s,Irenl, Ar4d eel. or YUI1e 11a.) She Inehurrleh#. llugdesl+lrrA name Pad orJ-rlr4us(apllgnul) 2534-A Edison Avenue 6 Clly, malo, nr,d ylri c)do Fort Myers, FL 33901 7 List avoollrlt rlUmhnqu) hale {GptinhHll • ° _Tear Identification Numb©r TiNj Gntor your TIN In tho opproprinle box, The TIN ptdvided must match tl lu nal-ne 91Volt nil Itrlo 1 to WVold j suci aicurcurity nuttlbar 4pukup Withholding. thie Is gailoralry your social saourrty number (Sa tar a For IndIVproprietor, or df3 er. Fow,aver, roaiUenl alien, a410 proprlelar, or disregarded entity, sfra the Inatrucllona for part I, later, For blhoI ale entitles, it Is your employer klentihaatlon number (FIN), It you do not hsv$ s r+urhbnr, Rae 140I+' ro got i TIN, Inter, or Note; It the accouilt Is in more than one nerns. sob tan Irlsliuctiarla for itnu I . Also sea What Narrte and Emplayerldenllfioxtron number NUMbor To Wo No Requosivr for gtWellnbs 0ii whoad nurngdl 10 fluter. ��`` � 'j j [[F6 -1 3I6I4 5 3 9 Under penallio of perjury, I corllfy that, 1. The number shown on thlti fond Iw My Wtitzt lakheyor idoritlfloaftp dumber (or I rim walling tar r1 number to be Issued to rno); and 2, 1 Flip n0t .9Uhje0l to f)ackup withholding becausp., {{a) I am exumpt from backup williholding, or (b) I Ilave riot been rictifted by the Internal Rovenuo Se vico (ISS) that I am subloct to back 1p wllllholding as a rosull at a Inlluro to report all inleiusl or thvidrnlris, or (c) tho IRS lips ndlifldd me thrit I am no longer twhlool In backup withlioldlrig; end 3, 1 am a U,S. clti7Dn orotlim U.S. parson (dellned below); and rt. The FATCA dodos) enterad on III Is form (if ally) Illtlictttlrl9 that I am oxamig horn FATCA rtrporthlg la )enact. Corliliealton Inslruotions. You must cross out Ilom $ above If you 1lrivri boon nolilled by llla I S that yell are currently stlbloct to crackup withtialdiny hacause You hauo failed to report all hitomst ajid dluldarlde On ynLll' tax fetUM, For royal estate Irantseciions, Item 2 does rrol apply. For morlgargu inlarost paid, acquisit1w or abandonment of ancurod prgp6riy, Canc011alidn of riebtr cunidbiJllons to an Irldividual M00ornenl wrarigomunt (IRA), and Qenoraliy, payments other than Intorest and dlvldands you are riot required io sign the carllllcvlllan, but you must provide your`carracr TIN. See Iho Instructtons tar Part 11. later. , Sign signrrulro of I Fir I Here U.S. N4rsprr► 1 Uata k General Instructions SRotibri referenar s ate to the fnlerrinl nevanue Codo unions olhvvoisp riolod. rtiture developments, For Airs foinst ihlormatlon tiboul devolOpfYlonls rel,,Aad to Form W-9 and Its irlstwelions, such as Iaglalation efiaClad ortor they worn published, go to www.irs.gov/FofeiiW9. Purpose of Form M Incgvtdual or eM(y (Folm W-9 requoalor) wlln Is requirad to fllra on Information return with the IRS olual obtain yauf correct laxpayar Idanthfcatlon mrmber (TIN) which may bC your social security number (5,N), Individual taxpayer IdelilifGatiori rlumb)r ()TIN), adoption taxpayer Identlncatlon number (ATIN), or employer identiflcalion number {FIN), to roporl on an inrorrnaLlon return tho amount paid to your or oiltcar amount reporlablo on an Inlorulallon return, rxamplos of informalion rehires Include, but tiro riot Illnited to, iha io1lo►y1nQ. • Form 1099-1NT (Intclost eaVried or paid) + Form 1099-DIV (dlvldrersds, Inciuding l)bso Porn stocks or n0lual funds) V. Earle logo -Mc (various typos of hlcome, prixac, mvardn, or gross procoodo o Form 1099-0 (stock or mutual fund eeloi; and canoln other Ir�Ins94liony by brokers} • Form 1009-S (proouods from roaI 000la tranaricllons) • rorrtl 1 DSS-1t (met cllant card and third pally nolwork wanwictlons) . Fonn 1098 (home mortgage Interest),1#}98-E (sludsnl loth Intare9t), 1096-T (tufllon) + %arm'I 090-C (cancelod dadt) • Form 10tJrA (at;ctuislllotl or abandonnlont of securad prbporty) Use rand W-9 only if you aro n U.S. porsan (Including a realdent alien), to provide your correct TIN. It you do ,Far return Forip W-9 to fhe ratluosh.+r vKth a 77N, you rnfghf ba subjrrCt t4 btickup wifhllardlrn, See Whal 1s backup wkhlteldIng, Wor. Cal, Ni). lU231X ronnilii-9(Rny. 10-2018) EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Charlie Radigan Dan Plein Personnel Category Construction Superintendent Project Manager to Conslructloo Services Agreement: (2M ver,21 CAO EXHIBIT B-1: PUBLIC PAYMENT BOND Bond No. 0255743 Contract No, 23.81 MR }SNOW ALL MEN BY THLSE PRESENTS; That Chris -Tel Company of Sou , Inc. dlbla Chris -Tel Construction as Principal, and Berkley Insurance CornUgmy , as Surety, located at 475 Steamboat Road, Greenwich Connecticut 06830 (Business Address) are held and firmly bound to HoerdofCeunlycominlssionvsorCollier County, Florida as Obligee in the Sum of One Milllon Nlne Hundred Forty -One Thousand Five Hundred Sixty -One and Koll on p,11j,,941,561 �� for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, Jointly and severally. WHEREAS, principal has entered into a contract dated as of the day of 20 with Obligee for InlilatantoDid 14 23-0I16R-ColllerCounty CaurlhouseCahlelnNeSIrudveRawlring 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. THF- CONDITION O1* THIS BOND Is that If Principal: Promptly makes payment to all claimants as defined In Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for In the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formallties connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 14VI day of Dam ber 20 23 , the name of each party being affixed and these presents duly signed by Its under -signed representative, pursuant to authority of its governing body. 11 Conlructlon -Services Agroomenl: I2023 ver.2t CAO Signed. sealed and delivered In the presence of: BY: Witnesses as In Princi al NAME: ITS: STATE OF "-L-- COUNTY OF LJ'A_ The foregoing instrument was acknowledged before online nolorizatloll, tills 44v� (toy of PRINCIPAL means of 0 physical presence or 0 Cb{S' 20)5, by Ara , I, , as Ns r , a D r� corporation, on of tho corporation. I-telshe is personally known to rile OR has produced as Identification and did (did not) Fake an oath. My Commission Expires: t-)/j7)x s • . JULIE DEPIRG 14 i+ My COMMISSION#14H349033 F.}tQ11iEt3;Fahivagy2j 3027 r, •nf � (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surely J"�_, )A� --) (Signature of Notary Public) NAME: { t' (Legibly Printed) Notary Public, State of Commission No.: SURETY: Berkley Insurance Comoany (Printed Name) 476 Ste Greenwich. Conn (Business Address (Authorized Signature) (Printed Name) 1P Conslioollon SoMa s Agcooment: [2023—VD01 nc. t Al I } Emily Papa 7,, itr�essrss Amber Richards OFF As A ororn In Far• (A, auh ower vt Allcrneyj Anthony T. P a Jr,, Attorney-%n Iict and Licensed F. lorida Resident Agen!!A1 9806 (Printed Name) 7264 Kyle Court Sarasota FL 34240 (Suslness Address) 941-999-1900 (Telephone Number) STATE OF L1—g la . COUNTY OF Hillsborough The foregoing Instrument was acknowledged before me by means of [ZI physical presence or ❑ online notariaallon, this 131h day of December _ , 2173, by _ An 110rrm—T—Piap_j,!(- . ----- , 8S Attorney -in -Fact of Berlxley Insurance Comp a pelaw3re corporation, on behalf of the curporniinn. I is .iho is personally known t4 r OF2 tics p �,���rsoria11, I of as identffication and dfd .lid not lake an oath. My Commission Expires; .� ��Iv)at +rr of Nr Wry P bllc Fn (t_etiibiy - r Printed) (AFFIX OFFICIAL SFAt_) Notary Public, $late of: Florida, Commission No.: _HH 355798, _ '' ;•;�• e�. AMBER RICHARVE, S ire, .� COrnlnl5slpa� 1.6.3;r57ff© lI 1R�4'�P�YF7L0'.YnVv' inYv.. 'i...Lu 13 CPriukki imi Su,Vica-3 AHio mint; 12023_ver.21 EXHIBIT 113-2: PUBIC PERFORMANCE BOND Bond No. 0255743 Contract No. 23-8138R KNOW ALL MEN BY THESE PRESENTS: That Chris -Tel Company of Southwest Florida, Inc. dlbla Chris -Tel Construction as Principal, and Berkley_Insurance Cam an as Surety, located at 475 SteambogtRo-sd. Greenwich, Connecticut 06830 (Buslness Address) are held and firmly bound to Board of County_Commissioners of Collier County, Florida , as Obligee in the sum of - One Million Nine Hundred Foijy-One Thousand Five Hun Sixty -One and No/tQQD4tlars ($ 1,941,561.90 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, Jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 1 with Obllgee for Invitation to Bid No. 23- S - Collier County Courthau Cable Infrastructure Rewij In accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and Is referred to herein as the Contract, THE CONDITION OF THIS BOND Is that If Principal: 1. Performs the Contract at the times and In the manner prescribed In the Contract; and 21 Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Dbllgeo; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified In the Contract, then this bond Is void; otherwise It remains in full force. Any changes In or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surelles 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 speclfications, This instrument shall be construed in all respects as a common law bond. It is expressly understood that the lime provisions and statute of limitations under Section 256.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Oblige@. IN WITNESS WHEREOF, the above parties have executed this Instrument this 14tb day of oecember _, 20 23 , the name of each party Tieing affixed and these presents duly signed by Its undersigned representative, pursuant to authority of its governing body, 14 Conslruclfon Servicas Agreement: [2Q29_var.2] Signed, sealed and dellvered In ilia presence of: PRINCIPAL_ Chris -Tel Company of Southwest Florida, Inc. dlble Chris -Tel Construction 01 BY: Witnesses as to Prirkipal NAME: ITS: r STATE OF 11 COUNTY OF I e)L- _ The foregoing instrument was acnx— dged before m by nnealls of LI physiasi prose a or C1 online notarization, till day of ?_D by �. as o{ a ;-ie)1-'A0A corporation, on behalf of the corpora(lon. Flelshe is perso"ally kno -n to me OR has produced as identification and did (did not) take an oath. My Commissloi) Expires:', JULIE 6EPIRO MY COMMISSION N NH 89033 1 1 1 5y5 EXPIRES: Febmary 27, 2Q27 (AFFIX OFFICIAL SEAL) (Signature of Notary Public) Name: (Legshly Printed) Notary Public, Stato Of: Commission N❑.: I ) r 16 coiisinictloi, Sa O:au Agroamonk 12023 vnr.21 ('1�11 ATTEST: Witnesses as In Surely QR -roily Papa Witnusses /IllllVrr fIc mill." STATE OF oridR_�� COUNTY OF L-Ij�lisbpough SURETY., l3erlday,�1►�ur��ali]f�PK--- - (Prinled Name) 476 Steamboat Road_ Greenwich, Connecticut 06$30 (Business Address) (Aulharlxad Slgrlatr.rre) (Printed Name) As Atfognog In Fact _ (Attach Power of Attorney) Anthony T. Papa Jr., Attorney -In -Fact and Licensed Florida Resident Atent/A1,29806 (Prijlted name) 7264 Kjlq Court Sarasota. FL 3424.0 (Business Address) 041-9.99- i 99.Q, (Telephone Number) The foregoing instrument was acknowledged before me by means of 131 physical presence or CI orillne this is ctay of ._ December 20-?3 r by Anthony T. Papa, Jr _ -_ , as Attorney -In -Fact of Berkley InsutgM0. Como a _ Delaware corporation, on behalf of the corporatioo. a stye is personally known to me oil has p�u n a (personall kno as identification and did did riot lako an oath, r My Commisslon Expires: y� lk, �. taA Slgrlp-lLutreof Notary Publir.)J (AFFIX OFFICIAL SEAL) AMBER RICHARDS r'• Commfsslon # HH 3S N - r ,. F_vfW May 30, 2021 Ambnr Richardi (Legibly Prinled) Notary Public, State of: Florida_. Commiaslon No,:;i,H 35572.8 w to C;0n0rrVQjiur1 Soivlcas Agrccmanl:12023_v�r.2l EXHIBIT 13-3: 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 an behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County, The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations, All self -insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the Insurance carrier or the Contractor. The Contractor shall also notify the County, In a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its Insurer and nothing contained herein shall relieve Contractor or this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy, Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due 17 Construction Services Nvae meet: [2028_ver.2] i_'A 1 Contactor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such Insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificates) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Fallure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. is Conslrucllon Services Agreement: [2023_ver.2) EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: after (1) In accordance with the Contract Documents and In consideration of $ to be received, _ ("Contractor") releases and waives for itself and it's subcontractors, material - men, successors and assigns, all claims demands, damages, casts 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, mate►lal-men, successors and assigns, that 0 charges for tabor, 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 [monthlyMnal] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY, ITS: DATE: President [Corporate Seal] The foregoing instrument was acknowledged before me by means of 0 physical presence or D online notarization, this rinv of 20 1 by I as - of on behalf of the Corporation. My Commission Expires: (AFFIX OFFICIAL SEAL) , a corporation, He/she is personally known to me OR has produced as identification and did (did not) take an oath. (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, Stale of Commissioner No.; 19 Conslructlon Services Agreement: I2023yer.2] CN7 EXHIBIT 0 FORM OF CONTRACT APPLICATION FOR PAYMENT of County Commissioners (the 0 Owner's Project Manager's Name: County ss Division Name Submitted by Contractor Contractor's Name & Water -Sewer Bid No. Project No. _ Purchase Order No. Application Date: Payment Application No, Contract Time: Ori final Contract Price: Contract Time: Total Change Orders to Date: Revised Contract Amount: Total Value of Work Completed & Retainage @5% through [insert Date] Retainage after insert date Percent Work Completed to Date: Percent Contract Time Completed to bate: Liquidated Damages to Be Accrued Retainage @ 5% through [Insert d ate Less Retainage Less % AMOUNT DUE THIS APPLICATION: off¢ Remaining Contract Balance ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifles that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied tc discharge In full all obligations of CONTRACTOR incurred In connection with Work covered by prior Appllcatlons 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 10 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) ali 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. 20 Construction Services Agreement: [2423_ver.21 EXHIBIT a Coy+tiliueclSCHEDULE OF VALUES Project Namo: Pmlect Nurnb6rf 011ie: Period TO: ITEM BESCRIPTION SCHEDULED WORKcoMPLETED STORM TOTAL. PEkCW BALANCE S% _X TOTAL NUMBER VALUE IAATERiALB COMPLETEDCOMPLETE TORNISH RETAINA69 RETAINAGE RETAIHAOE PREVIOUS APPLICATIONS THIS &STORED WITHHELD THRII BATE SINCE DATE PERIOD TO DATE -------------- TBTALS ' E%plaha[lon for the two columns under Previous Applications: The Thru Date Is where you will place all I nformatlon until the contract Is complete unless a release or reduction of retalnage Issue ecmes Into play. If this happens, all Information up to the date of the %change In relainage 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 retafnage. 21 CDnstructlon Services Agreement: [2023 ver.2] d /\ O Exhibit D (Continued) Stored Materials Record 22 Construction Services Agreement: [2023 ver,2] CAO EXHIBIT E: CHANGE ORDER Ca�ie�- Cax�aty Procurement services Change Order Form d contract Modification II Wark Order Modificn[lon Contract 0: cliang9 if:� PUrch059 Order 4: Project rr: Contraetoril lrm Name; ContractlProject; Project Manager Name: Division Name: Ortginai ContractMork order Amount Current BCC Approved Amount Current Contrael/Wark Order Amount Dollar Amount of hire Change Revised ContractlWork Order Total 1 $ 0.00 Camolotion Date. Dercriptlon of the Tashte) Ch Original BCC Approval Date; Agonds Item # Last ll Appro\al Date; Agenda Item # SAP Contract Expiration Date (Master) ODIVf01 Total Change from Otiglnal Amount #olVlol Change from Current BCC Appr❑wd Amour and Rationale for the Change NDilca to Proceed Original Last Approved Revised pate Date Compration Data Date IIF (Indudea this change) 0 of Days Added Select Tasks ❑ Add new task(a} ❑ Delete task(s) ❑ Change taak(9) ❑ Other ProWda a response W the foll 1.1 detailed and sill oxplanatlonlratlonalrt ofthe requested chenge(s) to the task(s) and f or the additional days added Of requested); 2.1 why [his change was not Included In the original contract; and,1)J deaorlha the Impact this cnanae is not prore5sao. Aeaufl auoluun2, unurrnairun rIwm ,,u uvr,y,. n.., .9 ..a, o^.... ��^^u"w•,.� Prepared by: Date: " (Project Manager Name and Division) Aecnplance of this Change Order shall conalllutei a modification to Contract I work order Idenlllled above and will be subject to all the some terms and Conditions as Contained In the contract ! Work order Indicated above, as fully as If the some were staled In thls acceptance. Tho adjustment, II any, to the Contract MIMI constitute a full and final settlement of any and all claims of the Conlractorl Vendor f Consultant 1 Design Professional arising out of or related to the change set forth herein. Including claims for Impact and delay costa. Accepted 6y: Dale; {Contractor l Vendor 1 Consultant I Design Professional and Name of Firm, If project applicable} Accepted by: — Date; (Design Professlonal and Name of Firm, If project applicable) Approved by: Dala: (Division glractor or OesignoaM Approved by: Date: _ (Procurement Prorassional) r..,,:,;..r�„�i,,,ri tLrwisru<lyr�wnratiruytYrYd4ellldrlt+raraneh,rrralnrNlNuprdrrnnYvpY+ala4iiCrli P>arrrnegrKn_ l�v= arNnxr w�i e<r S 23 Construcilon Services Agreement: (2023_ver.21 F svls tl U1l1413Q:r1 fL7iViglarls�vhamayfe uueAtlthlrona!<_+gIIrU4lfr,snti3Wilwilideonsopnrale�heeLy Fftucul�eraCl#TusEWr�Y r Atln�ln a'� bCC EM1 24 Construction Servlcos Agreement: [2023_vcr,2j CAO OWNER'S Project No, PROJECT: CONTRACTOR: Contract For Contract Date EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state In the progress of the Work when the Work (or designated portion) Is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for Its intended use. The Work to which this Certificate applies has been Inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete In accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all -Inclusive, and the failure to Include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: 25 Constructlon Sorvices Agroement:12423_ver_21 C A0 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 By: Design Professional Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certlficate of Substantial Completion on 120 By: OWNER Type Name and Title 26 Construdon Services Agreement: (2M_ver.2} CAA 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.: Late: and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantiai Completion Time as set forth in the Agreement: Calendar Days, Actual Date of Substantial Completion; Final Completion Time as set forth in the Agreement: Calendar Days, Actual Final Completion Date: YES NO 1. All Punch List Items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one-year warranty from Contractor Is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on _ (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10, Consent of Surety received on 11. Operating department personnel notified Project is In operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above Is not applicable, indicate by N/A. If NO Is checked for any of the above, attach explanation. Acknowledgments. By Contractor: (Company Name) By Design Professional: By Owner: (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 27 Construction services Agreement: [2023_ver.2] CAO EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be Inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted In accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation In effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the project Manager; said Interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following, those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work, -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of Its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 28 Comtrudlon SeMcee Agreement, [2423_ver.21 C;S (.) 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 Utillties 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 Worts (except those utilities to be coordinated by the Owner as may be expressly described elsewhere In the Contract iocuments). 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 (li) 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 compiled with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time, The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work, 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 29 Consiruclfori Services Agreement: I2023_ver.21 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 a. 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 laid 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 (34) 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: t1) 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 (18) business days after the Application for Payment is 30 construction Servlcee Agreement: [2023_ver.2] stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255,078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Fxhibit Q, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.$ Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "caches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 31 Construction Services Agreemeni: t2023 ver.21 CAO 5. PAYMENTS WITHHELD, 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, In the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity In which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. B. FINAL PAYMENT. &I Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except 32 Construction .$4rvices Agreement [2023_ver.21 CAO those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data,, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests 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_ 7A If a specific means, method, technique, sequence or procedure of construction is Indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed Is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 33 Consiruclion $ervlcus Agreement-, [2023_ver.2] 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNER AND SEAL-ED 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 A The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes 34 Construction Sorvices Agreement: [2M_ver.21 made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a) (b) as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252.8999 Email: PublicRecordRe uest colliercoun# fl. ov The Contractor must specifically comply with the Florida Public Records 1-aw to: 1. !Seep 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. Lnsure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 35 Construction Servins Agraomurl. [2023_vor.21 , 1} 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. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work, Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder, 36 Construction Services Agreement: 12023_Ver.21 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.8 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner, If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11, CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents, The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made In writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shah be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of 37 Construction SoMces AQreoment; 12023_ver.21 the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner In writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor falls to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner Is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs, Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 123 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and Hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or Intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by 38 Construclfon 5ervfcee Agreement: 12023_ver.2] any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Reauirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS, 14A 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 this 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 sec. 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 amide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (1T13) and Request for Proposals (RFP) Including professional services and construction services. Contractors ! Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contra ctor'slbidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 39 Construction Services Agreement: 12023_ver.2j If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's 1 Contractor's ro osal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E Verify) program visit the following website: htt :11www.dhs, ov1E-Verif . 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 §_g .. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. Al 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, small be void. If Contractor does, with approval, assign this Agreement ❑r any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and tees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver Internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 40 Construction Services Agreement: 12023_ver.21 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. 173 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against It unsatisfied for more than ten (10) days; or (a) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s), If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, In its sole discretion, may choose, 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and If such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and Interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and Include the full amount of any and all sums paid, expenses and lasses incurred, damages sustained, and obligations assumed by Owner In good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 41 Construdion Servlc4s Aureemenl: [2023_ver.21 t_- A0 or re -letting the Work, and In settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (1) 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 (il) 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 he 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. Provider, 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. F�ralt�I+}�ri1����L�7it� 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 determr ne the status of completion. If Owner, after conferring with the Design Professional, does 42 Construction Services Agreement.1202 Yer.2] not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore, If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, project Manager and Design Professional will make such inspection and, If they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit In the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not In conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's 43 Construdlon Services Agreement: 12023_ver.21 expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 35 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an Inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection, Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Worst must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses Incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22,6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, 44 Gonstfuctlon Services Agreerneni;12023_ver,2] { { 1 Contractor shall as directed, either correct all defective Work, whether or not fabricated, Installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (Including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount andlor 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 Lngineer, 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 falls, 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 falls to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, Indirect and consequential costs 45 Constructfan Services Agreement: 12423_ver.2] C AO of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount, Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and repfacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder, 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances, The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor, All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause, Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project, Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger It, 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional!. The Owner or Design Professional as Conetructian Services Agreement: 12423_ver.21 LA� shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby, If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time, 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified In and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement In the Contract documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. 47 COnstrUcticn Services Agreement: t2M ver.21 Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work Is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents, This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which Is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free, Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28,5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 48 Can-slruction Survires Agreement: [2023_ver.2) `,( 28,5.8 The Employees may not solicit, distribute or sell products while on Owner's property, Friends, family members ❑r other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 114aLTi1 *1110101:'3 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 (MU`iCD), 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, 45807, incorporated herein by reference, Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at coliiergov.neUpurchasing, The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32, SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below' 49 Cotti5irudinn Services Agreement: (2023_ver.21 CNO 32.2 Notwithstanding anything herein to the contrary, because Owner Is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment Included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project, Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes, A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, Installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covared by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents, In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sales tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting Its first Application for Payment. Contractor shall take into consfderatlon such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best Interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to Its portion of the Work and has the Integrity and reliability to assure .good faith performance. 33.3 In addition to those Subcontractors Identified In Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. so Conatrudion SeMces Agreement: (2023Rver.21 The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound, Each Subcontractor shall similarly make copies of such documents available to Its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule Its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or design Professional and including claims based on breach of contractor negligence, shall be an extension of its contract time. 33.6,2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 16% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract fit Construction SoMces Agreement: t2023Tver.2j price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment PurchaselDOivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1,23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1,27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34,1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 52 l onslructbn Services Agreement; 12023_ver.21 CIAO 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "board", up to two (2) times per contract term, Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format, presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least tour (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period In which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS at�.colliercountyfl.goy)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result In a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 53 Construction SaMces Agreement; [2023_vvr.2] 38. ABOVEGROUND/UNDERGROUND TANKS 38A The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 3013OA; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NISI & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing /will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252.2506 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials 1 petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting, 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION, Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions In any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 54 Construction 5ervicas Agreement: [2023 var.2) EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ® Attached hereto, following this page Not Applicable 55 Construction Services Agreement: 12023 ver,2] Cho EXHIBIT I; SUPPLEMENTAL TERMS AND CONDITIONS The parties (Collier County and Contractor) agree to amend the Agreement within no later than Ninety (90) days of the affective date to comply with legislative changes to Fla. Stat., §218.735, Timely payment for purchases of construction services, Fla. Stat., § 255.074, Procedures for calculation of payment due dates, Fla. Stat., §255.077, Project closeout and payment of retainage, and Fla. Stat., §255.078, Public construction retainage, (with an effective date of July 1, 2023). Page 1 of 1 December 13, 2023 fj M.E.��/T T T � fff ]]I��\TI JL1 JLEV Y IA. SO Y ', I, 11 .... Ili RISK MANAGEMENT - INSURANCE BENEFITS- BONDS Board of County Commissioners of Collier County, Florida 3299 Tamiami Trail E, Suite 303 Naples, Florida 34112 Re: Performance and Payment Bond No. 0255743 Board of County Commissioners of Collier County, Florida Collier County Courthouse Cable Infrastructure Rewiring Bond Amount: $ 1,941,561.00 Dear Board of County Commissioners of Collier County, Florida, Enclosed you will find original, undated Public Construction Bonds for the above -referenced project, which we have executed based on the information you provided. This is your Letter of Authority to date the bonds and the powers of attorney the same date as the contract approval date. Sincerely, Berkley Insurance Company Anthony T. Papa, Jr. Attorney -in -Fact and License Florida Resident Agent A1998806 7264 Kyle Court I Sarasota, fL 34240 Voice:941.999.1900 1 Fax:941.306.2002 1 mewilson.com Knowledge is the Best in5urcince, 11HIFORi1 ANCE AND PAYN91:W IOND (Public Work) In c•unlpliancv wilh P.S. Chapicl. 3 5.115(1)lll) H M) NO.: Bond No. 0295743 CON 1N 11011014 14 NAMli: Chris -Tel Company of Southwest Florida, Inc. t't )N i l�ru°I'1 Ili ,11)I )R I tiff: 2534-A Edlson Avenue Fort Myers, FL 33901 (I)N'I'I(M IOR 1111ONV No.: (230) 226.0600 Sl 3RETY ('OMPANY: Berkley Insurance Company 476 Steamboat Road Greenwich, CT 06630 (203) 642.3000 til lltl:i l' rlt il'N I ! M.E. Wilson Company, LLC 7264 Foyle Court Sarasota, FL 34240 (941)999.1900 OWNER NAME: Board of. County Commissloners of Collier County,.Florlde [ YNER A13OIMNS: 3299 Tamlaml Trail B, Suite 303 Naples, Florida 34112 (MINER MItINI N(I.: (239) 282.8097 111i1.ItWI' IN' AIMI',: 0renulraeIiIIt! nla —_ ClIU13 is dlliel'rnl Inlnl Illc p1YnC1% 111ti' C11111rocllnp 111111hC 1:wil)'I ffRIMila'.I'IIONE Ml.: nla MINI) A1N•1011N [' fiIr�41,$��QQ_ c.'11W RAC V NO.: ill'allpiirlddcl Invitation. to Bid No. 234138R - DI'S RI111I1NC11.11+1IRK: Collier County Courthouse Cable lnfrastructursRewiring__ 111(t)JECI i11]Itl ES& 3315 Tamtami Trail E., Naplss,.FlOrlda_34j,12 l-F(Ml, DFNI KII'111)N' Collier County Courthouse Cable Infrastructure Rewiring 3316 Tamiami Trail E., Naples,__Florlds 3411?. PRON I' I'AUF All olho' Mimi 1 arO s0 re Lheellled xubseyuenl la ill p:IAQ repirdlrti. 111 Inp pipe muilheris) Ihal lnay be pre-pl'1111Cd Illercnu.