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BCC Agenda 07/23/2024 Item #11A (Water-Sewer District to Award ITB/Contract #24-8227 "Palm River Public Utilities Renewal Project)07/23/2024 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, as the ex-officio Governing Board of the Collier County Water -Sewer District award Invitation to Bid ("ITB") No. 24-8227, "Palm River Public Utilities Renewal Project - Area 4," to Douglas N. Higgins, Inc., in the amount of $4,218,422, approve the Owner's Allowance of $320,000, and authorize the Chairman to sign the attached Agreement. (Project 70257) (Companion to Item 11B) OBJECTIVE: To provide reliable, sustainable, and regulatory compliant services to Palm River neighborhood customers by replacing the water and wastewater infrastructure. CONSIDERATIONS: The proposed scope of work under Project Number 70257, "Palm River Public Utilities Renewal," is consistent with the FY2024 Budget approved by the Board on September 21, 2023. The Palm River Neighborhood is located north of Immokalee Road between Goodlette-Frank Road and Airport Pulling Road. The existing potable water, wastewater, stormwater, and irrigation quality water infrastructures were installed in the 1970's and have reached the end of their useful life. The neighborhood was divided into 10 areas to design and construct the infrastructure. Area 4 of the attached map includes replacing and rehabilitating water and converting septic systems to sewer as follows: 1) Improvements to the water infrastructure include removing and disposing of the existing asbestos - cement ("AC") water main and installing approximately 3,500 linear feet of new polyvinyl chloride ("PVC") water main, along with fire hydrants, gate valves, water services, water meters, and back flow preventers. 2) The wastewater infrastructure includes constructing a new low pressure wastewater system including 4,500 linear feet of new high -density polyethylene pipe and 27 grinder pump stations. The improvements also include abandoning the existing septic tanks from each property. This item is consistent with the Infrastructure and Asset Management element of the Collier County Strategic Plan objectives. The infrastructure is required to provide potable water in the area and is identified through the utility's Asset Management Program as Condition Red - recommended for replacement due to occasional breakdowns. On November 14, 2023 (Agenda Item 16.C.8), the Board approved Grant Agreement LPA0495 with the Department of Environmental Protection ("FDEP") and recognized $3,000,000 of revenue in Public Utilities Grant Fund. The grant provides funding to complete the septic to sewer conversion in Area 4 of the Palm River neighborhood. On March 4, 2024, the Procurement Services Division issued ITB No. 24-8227, "Palm River Public Utilities Renewal Project - Area 4." The County received four bids by the April 18, 2024, submission deadline, as summarized below. Respondents: Company Name City County ST Bid Amount Responsive/ Packet Pg. 15 07/23/2024 Responsible Douglas N. Higgins, Inc. Naples Collier FL $4,218,422.00 Yes/Yes Andrew Sitework, LLC Fort Myers Lee FL $4,763,126.00 Yes/Yes Quality Enterprises USA, Inc. Naples Collier FL $5,396,799.40 Yes/Yes Haskins, Inc. Bonita Springs Lee FL $7,529,096.00 No/Yes Three (3) bidders were deemed responsive and responsible as shown above. Haskins Inc. was deemed non- responsive due to submitting a mobilization/demobilization cost that was more than the 10% maximum of the total bid amount, as required in the bid documents. County staff and engineering consultant, Q. Grady Minor & Associates, P.A. ("Q. Grady"), determined the low bid fair and reasonable and recommends awarding the contract to Douglas N. Higgins, Inc. ("Higgins"). Q. Grady evaluated Higgins' references and found them sufficient to determine its experience on work of a similar magnitude within the last five years, including assessing its experience, skill, business standing and ability to complete the work as required under the terms of the attached proposed Agreement. Higgins' bid is approximately 30% more than Q. Grady's $3,247,450 estimate of probable cost. This higher bid cost could have been due to the challenging dewatering conditions previously encountered in other areas of Palm River, a large portion of the work taking place on private property, and the current market conditions. The bid tabulation, NORA, engineer's letter of recommendation, and proposed Agreement are all attached. Higgins is a Michigan corporation, with an office located in Naples, and has performed a substantial amount of work for Collier County over the years; including but not limited to Public Utility Renewal projects in Naples Park, performing emergency work projects, and various other Public Utilities capital improvement projects. Therefore, County staff recommends Douglas N. Higgins, Inc., the lowest responsive and responsible bidder, be awarded the attached Agreement in the amount of $4,218,422 and approve the Owner's Allowance in the amount of $320,000. The Owner's Allowance of $320,000 is for unanticipated costs including but not limited to unforeseen site conditions that might be encountered during construction, which will also be included in the Purchase Order when the Notice to Proceed is issued. The Owner's Allowance funds will only be used as directed by the County, if necessary, with proper documentation required for work authorized and performed under the allowance. FISCAL IMPACT: The sources of funding are the Water Capital Fund (4012), Wastewater Capital Fund (4014), and Public Utilities Grant Fund (4016), allocated as shown below within Project 70257. FUNDING SOURCE BID AMOUNT Water Capital Fund (4012) $2,121,536 Wastewater Capital Fund (4014) $216,886 Public Utilities Grant Fund (4016) $2,200,000 Total $4,538,422 Water and Wastewater Division operating costs will remain the same or decrease as these improvements are replacements. While there will be additional closed drainage, the offset cost to clean and maintain should be no more than for the maintenance of the existing mixed open and closed system. Packet Pg. 16 11.A 07/23/2024 LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: Recommendation that the Board of County Commissioners, as the ex-officio Governing Board of the Collier County Water -Sewer District award Invitation to Bid ("ITB") No. 24-8227, "Palm River Public Utilities Renewal Project - Area 4," to Douglas N. Higgins, Inc., in the amount of $4,218,422, approve the Owner's Allowance of $320,000, and authorize the Chairman to sign the attached Agreement. Prepared By: Diana C. Dueri, Project Manager III, Public Utilities Engineering and Project Management Division ATTACHMENT(S) 1. Agreement Project LPA0495 (PDF) 2.24-8227 DELORA 5.29.2024 (PDF) 3.24-8227 NORA (PDF) 4.24-8227 Bid Tabulation (PDF) 5.24-8227 Insurance _ Douglas (PDF) 6. Palm River Map (PDF) 7. Palm River Area 4 Construction Final (PPTX) 8. [Linked] 24-8227 Vendor Signed_ Douglas_7.10.2024 (PDF) 9.24-8227 Solicitation (PDF) Packet Pg. 17 11.A 07/23/2024 COLLIER COUNTY Board of County Commissioners Item Number: I LA Doc ID: 29287 Item Summary: Recommendation to award Invitation to Bid ("ITB") No. 24-8227, "Palm River Public Utilities Renewal Project - Area 4," to Douglas N. Higgins, Inc., in the amount of $4,218,422, approve the Owner's Allowance of $320,000, and authorize the Chairman to sign the attached Agreement. (Project 70257) (Companion to Item 11B) (Matt McLean, Division Director - Public Utilities Engineering) Meeting Date: 07/23/2024 Prepared by: Title: Project Manager — Engineering and Project Management Name: Diana Dueri 06/20/2024 3:36 PM Submitted by: Title: Director — Engineering and Project Management Name: Matthew McLean 06/20/2024 3:36 PM Approved By: Review: Wastewater Steve Nagy PUD Reviewer Water Pamela Libby PUD Reviewer Wastewater Robert Von Holle PUD Reviewer Water Howard Brogdon PUD Reviewer Engineering and Project Management Benjamin Bullert PUD Reviewer Procurement Services Francheska Correa Level 1 Purchasing Gatekeeper Public Utilities Department Vincent Dominach Level 1 Department Review Public Utilities Operations Support Katrina Lin PUD Reviewer Engineering and Project Management Matthew McLean PSD Reviewer Public Utilities Operations Support Joseph Bellone PUD Reviewer Capital Project Planning, Impact Fees, and Program Management Leeann Charles Procurement Services Sandra Srnka Procurement Director Review Grants Joanna Partyniewicz Level 2 Grants Review Corporate Compliance and Continuous Improvement Megan Gaillard County Attorney's Office Matthew McLean Level 2 Attorney Review Public Utilities Department George Yilmaz Level 2 Division Administrator Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Community & Human Services Maggie Lopez OMB Reviewer Completed 06/21/2024 6:39 AM Completed 06/21/2024 6:47 AM Completed 06/21/2024 7:28 AM Completed 06/21/2024 7:37 AM Completed 06/21/2024 1:46 PM Completed 06/21/2024 3:15 PM Completed 06/25/2024 10:04 AM Completed 06/25/2024 2:36 PM Completed 06/25/2024 4:26 PM Completed 06/25/2024 4:30 PM Other Reviewer Completed 06/26/2024 8:27 AM Completed 06/26/2024 4:17 PM Completed 07/01/2024 3:01 PM Additionall Reviewer Completed 07/12/2024 9:59 AM Skipped 07/11/2024 1:01 PM Completed 07/15/2024 11:00 AM Completed 07/15/2024 11:39 AM Completed 07/15/2024 1:54 PM Packet Pg. 18 07/23/2024 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Grants Therese Stanley OMB Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 07/15/2024 3:27 PM Completed 07/15/2024 4:39 PM Completed 07/17/2024 11:36 AM 07/23/2024 9:01 AM Packet Pg. 19 11.A.a STATE OF FLORII)A DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This A rrcement is entcred into betwecri the Parties nanied below, pursuant to section 215,971, Florida Statutes; I. Project Title (Project): Agreement Number: Collier County - Palm River Area 4 LPA0495 2. Parties State of Florida Department of Environmental Protection, 3900 Connnomvealth Boulevard (Department) 'rallahassee, Flaridn 32399-3000 Grantee Name; Collier County Entity Type: Local Government Grantee Address: 3299 Tamiami Trail E. Suite 303, Naples, Fl, HID: 596000558 Grantee 3. Agreement Begin Bate: Date of Expiration: Upon Execution April 30, 2026 4. Project Number; Project I.ocadnn(s). I..at/Lalrtg' (26.2786,-81.7892) fff ifiJfo eoi Root 4greenion ,Vnlrlberj P,•aject Description: The Grantee will complete design and construct a central sanitary sewer system to eliminate septic tames on 24 properties. 5. Total Amount of Funding: Funding Source? I Award #s or Tine -item A ro i iations; Amount per $3,040,00000 0 f State ❑Federal LP, GAA Ll 1705A, Y 23-24, cx S 3,000,000.00 ❑ State ❑Federal $ F1 Grantee Match Total Amount of Funding, + Grantee Match, if an : $ 3 000 000.00 6. Department's Grant Manager Grantee's Grant Manager Name: David K Taylor Name: Katrina Lin or successor or successor Address: Floridn thp1. of Frivirnnmental Protection 3900 Caminowyealth Blvd. Tallahassee, FL 32399-3bD6 Phone: 850-245-2907 Address: 3339'faminmi Troll E. Suite 305 Naplrs, FL 34112 Phone: 239.252-2539 Email: Da■•id.'rarlu='@FloridnDEP.gtjv Email: Katrina.LinQcollicrcounlyl}.gnv 7, The Parties agree to comply with the lei -ins anti conditions of the following attachments and exhibits which are hereby incnrnnraled by reference! kchment 1: Standard Terms and Conditions Applicable to All Grants Agreements chment 2: Special Tenns and Conditions chment 3; Grant Work Plan chment 4: Public Records Requirements 91 Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements © Attachment 7: Grant Award 'terms (Federal) 'Cupy available at huns:Ntacls.l in, in accordance %001 section 21 S.98S, F.S. T ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): Q Exhibit A: Progress Report Form 0 Exhibit B: Property Reporting Form Exhibit C: Payment Request Summary foram �:] Exhibit D: Quality Assurance Requirements ,11 Exhibit E: Advance Payment Terms and interest Earned Memo Cl Exhibit F: C:ommon Carrier or Cotit racted Carrier Attestation Form PUR1808 (State} ❑ Exhibit H: Non -Profit Organization Compensation Form (State) DEP Agreement No LPA0495 Rev. 814123 C c O c� O c O U c� Q D a L d E cc IL ti 00 N N un CD le 0 Q a J C� tv O L a c d E d m L a c d E t U O r Q Packet Pg. 20 11.A.a © Additional Exhibits (if necessary): Federal Award Identification Number s FAIN Federal Award fate to De artmenL Total Federal Funds Mi aced by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes EINIA IN WITNESS WHEREOF, this Agreement shall be effective on the dntc indicated by the Agreement Begin Date unless another date is specified in the grant documents, Collier County GRANTEE Grantee Name By JA tfih 0)-ized slgmilfr'e) Rick LoCastro, Collier County Commissioner Datd Si Print ?Name and 'Title of Person Signing State of Florida Department of Envirnnmental Protection- DEPARTMENT By Secretary or Designee Date Signed Angela Knecht, Director, Division of Water Restoration Assistance . Print Name attd Title orperson Signing El Additional signatures attached on separate page. ATFEST CRYSTAL K, Kl EL, CLEM AN BY:: gest as to Chai1mari'5 sittrlature 0111y. AppraVed ft to t' d leity S6dR. Teach, Deputy County Attorney DEP Agreemeru NG, L.PA0495 r_ Rev. 914123 CA, Packet Pg. 21 11.A.a ❑ W RA Additional Signatures Name, DEP Grant Manager Nance, DEP QC Reviewer C'NL Packet Pg. 22 11.A.a STATE GE FLORIDA DEPARTMENT OF ENVIRONMENTAL 11ROTECTION STANDAIID TERMS AND CON DI-riONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT I 1, Entire Agreement. 'Phis 0rant Agreement including any Attachments and (Exhibits referred to herein and/orattached Iterelo (Agreement), constitutes the entire agreement between the parties with respect to the subject [natter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject mallet, Any terms and conditions included on Grantee's forms or invoices shall he null and void. 2, Grant Administration. a. Larder of Precedence. I f there are conflicting provisions among the documents that make up the Agreement, the order of precedence for inturpretatiurr of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Gt.ant Agreement iii. Attachment I, Standard Terris and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b, All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, u courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in tnultiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact infoinna(ion of the new Grant !Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager dues not require a formal amendment or change order to the Agreement d. This Agreement may be amended, through a rortnal amendment or it change order, only by a written agreement between bath parties. A formal amendment to this Agreement Is required for changes which cause any or the following: (1) an increase or decrease in the Agreement funding amount. (2) it change in Grantee's match requirements; (3) a change 1n the expiration date of the Agreement; and/or (4) changes 10 the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) cf the total budget as last approved by Department. A Change order to this Agreement may be used when: (l) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as Iasi approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement and/or (4) fund transfers between budget categories for the purposes of meeting march requirements. This Agreement may be amended to provide for additinnaI services if additional Funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3, Agreement Durntion. The term of the Agreement shall begun and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions, The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terris and Conditions. However, work performed prior 10 the execution orthis Agreement may be reimbursable or used For match purposes if pertuitted by the Special Terms and Conditions. Attachment I Iof13 Rev. 7/ 12/2023 At Packet Pg. 23 11.A.a 4. Deliver•nbles. The Gran tcc agrees to render the services or other traits of deliverables as set forth itt Attachment 3, 0rail t Work Plart. The services or Other Lilt its of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in [Ice Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement, 5. Performance Measures. The Grarace warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Crane Work Plan; (3) the services will be perforated in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, orally third party; and (5) its employees, subcontractors, and/or subgraIttecs sItatI comply with any see urity and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to tite contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily treasured at file [iIII eofdeIivery. G. Acceptanee or Deliverables. Acce lance Process. All deliverables must be received and accepted in writing by Department's Grant Manager be Fore payment. The Grantee shall work diligently to correct ail deficiencies in [lie del ivernble that remain outstanding, within a reasonable time at Grantee's expense. If Depaitmceit's Grant Manager does not accept the deliverables within 30 days orreceipt, they will be deemed rcjccted. Reiection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Gr,inice's lack of satisfactory performnnce under the terms of this Agree tent. The Grantee's efforts to correct the rgJected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Gram Work Plan wlII result in rejection of the deliverable and the associated invoice. Payment For the rejected del ivcmble will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonahle opportunity to do so shall constitute an event of default. 7. financial Consequences for Nottperfortnttuce. a. Withholding Payntertl. In addition [o the specific consequences cxpinined in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement, None of the financial consequences for nonperformance in this Abreernent as more fitly described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for atsy deliverable, the Department will reduce tite invoice by I% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be sttbtrtitted by Grantee to Department. 'The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed 1n no more than sixty (GO) calendar days. i, The Grantee shall submit a CAP within ten (10) days of the dRte of the written request from Department, Tile CAP shall be sent to the Department's Grant Manager 1br review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed it as been accepted. if the CAP is trot accepted, Grattle e shall have ten ( 10) days From receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's lennination of this Agreement for cause as authorized in this Agreement. ii, Upon Department's notice of acceptance of a proposed CAI', Grantee shall have ten (10) days to onntmence implementation of tlse accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the even the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment t 2OF13 itev. 7/ 1212023 CAO Packet Pg. 24 11.A.a require additional or Further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected, Reports on the progress of the CAP will be made. to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. PayiuenI Process. Subject to the terms and condiitioits esutbIished by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Deparmtcnt agrees to pay Grantee for services rendered ilt accordance with section 215.422, F I c r i d a Statutes (F.S.). b. Taxes. The Department is exesnlit ed from payment of State sales, use saxes and Federal excise taxes.'Fit e Grantee, however, shall not be exempted from paying any taxes thitt it is sulijccI to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and Iinble for the payment offit 1 its FICA/Social Security and other taxes resulting from this Agreement, c. Nlaximu3n_Amount of Aercentent. The maximum amount of comperssation trader this Agreement, without an amendment, is described in the Standard Grant Agreement, Any additional finds necessary For Cite completion of this Project are the responsibility of Grantee. d. Reimbursement For Costs. The Grantee shall be paid on a cast reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C', Payment Request Sumtnnry Form. To be eligible For reimbursement, costs roust be in corn piiance with laws, rules, and regulations applicable to expenditures ofState funds, including, but not Invited to, Cite Reference Guide for State Expenditures, which can be accessed at the following web address: hti s:llwww, m y floe'idacfit.com/does-sMiccouittin -and-audit in -Iibrarieslstale- age itcieslreference-guide-for-slate-exp enditures.ndF. e. Invoice Detail. All charges for services rendered or for reimbursement or expenses authorized by Department pursuant to the Giant Work Plan shall be submitted to Department in sufficient detail For a proper pre -audit and host -audit to be performed. The Grantee shall only invoice Department for delivernbles that are completed in accordance with the Grant Work Plan. F. State Funds Documentation. Pursuant to section 21b,1366, F.S., if Contractor meets Ifte definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor roust provide the Department with documentation that indicates the amount of state Funds: i. Allocated to be used during the Full terns of the contract or agreement for remuneration to any member of the board of directors or an officer ofCon rractoI-. ii. Allocated under each payment by the public ngency to be used for remuneration of any member of the board of directors or an officer of the Contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the Stale's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's websitc, if Contractor maintains a website. g. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accopted in writing by Department's Grant Manager, it. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment, However, all work performed pursuant to the Grant Work Plan rust be perforated on or before lite expiration date of the Agreement. i. Annual Appropriation Coraingencv. The State's performance and obligation to pay under this Agreetnenl is contingent upon an annual appropriation by the I egislature. This Agreement is scot a convmltutent of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion or Department it the Legislature reduces or elirninatcs appropriations. j, 1_nterest Elates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration, To obtain the applicable interest rate, please refer to: www.nt y nnri0ac tp.cent}IDiyisioniAAlVendorsldefau I t.III Ill. Attachment l 3or13 Rev. MV2023 ('AO Packet Pg. 25 11.A.a k, Refund of Payinctits to the Department. Any balance of unobIigated funds ihat }rave been advanced or paid must be refunded to Deparlmen1. Any funds paid in excess cif the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Deparlmcin. If th is Agrccment is funded w,i 1� federal funds and the Department is required to refund the federal goyetmment, the Grantee chalk_refund the Depattniern its share of those funds 9. Dorumcrrtatinn Regoired for Cost Reimbursement Grant Agreements stud Match, IFCost Reimbursement or Match is authorized in Allachmen1 2, Special Terms acid Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requimnients for the following budget categories: a. Sa ar /Wa ems. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachrent 3, Grant Work Plan in their documentation for reimbursement or match requimincnls. b. Overliend/indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for inultipiicrs, ail multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. C. C r t actu I Costs (SubcontracloiLS1. Match nr reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required firm Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent an the Project. All eligible multipliers used (i,e., fringe benefits, overhead, indirect, and/or general and adtninisirative rates) shall be supported by audit. if Department determines that multipliers charged by any subcontractor exceeded the gates supported by audit, Grantee shall be required to reimburse such funds to Departnent within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpcndable personal property or equipment costing $5,000 or more purchased far the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and C'hapter 691-72, Ftorid a Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantcc shall be responsible for maintaining appropriate property records For any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with (Eris requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed -price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed -price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed - price subcontracted activities shall be supported with a copy of the subcontrnetor's invoice and a copy of the tabulation form For the competitive procurement process (e.g., Invltalton to Bid, Request for Proposals, or other sirnilar competitive procurement document) resulting in the fixed -price subcontract. The Grantee may req u c st ap pro va I from Department to award n fixed -price subcoittruct resulting from procurement methods other than those identified above. in this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. Tile letter of request sha]I be supported by n detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt or Department Grant Ninnager's approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract. d. if the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee most provide documentation clearly evidencing it has complied with the statutory or Federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 1 12.061; F.S. e. Direct Purchase Equipment, For the purposes of this Agreement, equipment is deiitied as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific appr❑val of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to docuricnl purehases, and a properly completed Exhibit 13, Property Reporting Form. 1: Rental/Lease of Etillipnien1. Match or reimbursement requests For rental/lease of equipment; must inchsde copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. if miscellaneous or other expenses, such as matcriats, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbur:sahlc or available For match or reimbursement under the Attachment 1 4 of 13 Rev. 7/12/2023 '_'AO Packet Pg. 26 11.A.a terms of this Agreement, time documentation supporting these expenses nmust be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Deparuncnt shall not reimburse any of the following types of charges: cell phone usage; attorney's Fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. It. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; andlor oblaining record title ownership of real property through purchase) must he supported by the Following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing StaternenlsiDucuments, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. if land acquisition costs are used to meet match requirements, Grantee agrees that those Funds shall not be used as match for any otItor Agreement supported by Stale or Federal Funds. 10, Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for time next reporting period. Quarterly status reports are due no later than twenty (20) days following the coin plot lon of the quarterly reporting period. for the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, Septemher 30 tend December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainnge. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to (lie maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld From each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. if Grantee Fails to perform [lie requested work or fails to perform the work in ,a satisfactory manner, Grantee shall Forfeit its right to payment of the retainage nssociated with the work. Failure to perform includes, but is not Inet iled to, failure to submit the required deliverables or failure to provide adequate documentOon that tlne work was actually performed. The Department shall provide written notification to Grantee of the failure to perform than steal I result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timefrante staled 'tn Departencni's notice, the retainage will be forfeited to Department, c. No retainage shall be released or paid For incomplete work while this Agreement is suspended. d. Except m otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice For retainage held in accordance with the invoicing procedures under this Agreement, 12. Insurance. a. insurance Requirements for Sub -Grantees andlor Subcontractors. The Grantee shall require its sub -grantees andlor subcontractors, it• any, to maintain insurance coverage of such types and with such ter tit s and limits as dcseribe6 in this Agreement. The Grantee shall require all its sub -grantees andlor subcontractors, ifany, la make compliance with the insurance requirements of this Agreement a condition of sit contracts that are related to this Agreement. Sub -grantees and lor subcontractors must provide proof of insurance upoit request. b. Deductibles. The Department shall be exempt front, and in no way liable far, any sums armoney representing a deductible In any insurance policy. The payment orsuch deductible shall lie the sole responsibility of the Grantee providing such insurance. c. Proof oflnsu nee. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of tiny work isnder this Agreement, Upon receipt of written request from Department, Grantee shall furnish ❑epart ment with proof of applicable insurance coverage by standard form certificates of insurance, a self - insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverna,, let the event that any applicable coverage is cancelled by the insurer for any reason, or iflOmmee cannot get adequate coverage, Grantee shall immediately notify Department of such cancel lation acid shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten ( 10) days alter the cancellation uFcoverage. Attaelmment l 5 of 13 Rev, Wt212023 C AO Packet Pg. 27 11.A.a c. .1nsuran ce Trust. if the Grnntee's insurance is provided Ihrough an insurance trust, Ilse Grxntec shall instead add the Depart ill cnt of Environmental Pro rectian, its employees, avid oMee rs as an additional covered party everywhere the Agreement requires them to be added as an additional insured, I3. Termination. I. Termination for Convenience. When it is in the 5tate's best interest, Department tnay, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience wills instruclions as to the effective dwe of termination Or the specific stage of work at which the AgreernenI is to be terminated. 'Tolle Grant cc trust subtliit all invoices for work to be paid under this Agreement within thirly (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of term inatiott. ii. 'Termination 1'ar Cause. The Department may terminate this Agreeill em ifany of the events ofdcfauit descr'sbed in the Events of Default provisions below occtn'or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. [C after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had bens issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. di, Grantee Obtigations 11po_n Notice of Termination. After receipt of it notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work oil any portion of Elie Agreement not terminated. if the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs call be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. iv. Continuation of Prepaid_ 5eryiees. if Department has paid for any services prior to the expiration, cancellation, or termination of lire Agreement, Grantee shall continue to provide Department with those services for tvllich it has already been paid or, at Department's discretion, Grantee shall provide a refuted for services that have been paid for but not rendered. V. 'rransition orSea ices tJ pon Termination Ex iration or Cancellation of the A reement. [f services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent providers). This requirement is at a nlinimunl an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan, The Grantee shall not perforrn any services After Agreement expiration or tert,linalion, except as necessary to complete the transition or continued portion of the Agreerncnt, if any. 14. Notice of Default. I Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circurnstances. This notice shall state the stature of the failure to perform and provide a lime certain for correcting the failure. The not ice wits also provide that, should the Grantee fail to pertdrm within the tinge provided, Grantee wiiI be found in default, and Department may terminate the Agreement effective as of the date ❑r receipt of the default Ilotice. 15. Events ofDefautt. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: R. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable tinge after notice to do so, or abandonment of the Agreement; b. The commitment ofany material misrepresentation or omission in any materials, ordiscovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incotrect, incomplete, or insufficient inrormation; d. Failure to honor any term of the Agreement; e. FuiIure to abide by any statutory, regutalary, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; r.. failure to pay any and nil entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; Attachment 1 Ga£13 Rev. 7/ 12/2023 CAC Packet Pg. 28 11.A.a g. EmploymenI of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement, i. One or more of the Following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to [department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i, Entry of an order for relief under Title I I of the United States Code; ii. The making by Grantee oFa general assignment for the benefit of creditors; iii, The appointment or a general receiver or uvstee in bankruptcy of Grantee's business or property; atidfor iv. Art action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of worst, The Departtnent may, in its sale discretion, suspend any or all activities under the Agreement, at any time, when it is in the best Interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension, Examples of reasons For suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (I) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. if the Agreement is lermi anted after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of terrnination for convenience. Suspension or work shall not entitle Grantee to any additional compensation, 17. Force Mnjeure. The Granice shaII not be responsible for del ay resulting from its failure to perfar 11 if neither the fault nor the negligenCC of Grantee or Its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar Cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing or [tie delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creases or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably forescexblc, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONs'i'I,r TE THE GRANIT EIS SOLE UM Oft >~ \CI]SE: WITH RESPECT TO 1)ELAV. Pi-oviding notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim For damages, other than for an extension of time, shall be asserted against Department, Tiic Grawee shall not be entitled to an increase in Elie Agreement price or payment of any kind from Department For direct, indirect, consequential, impact or other costs, expenses or damages, including lust not limited to costs of accelenatiott or Inefficiency, arising because of delay, disruption, interference, or hindrance From any cause whatsoever. If performance is suspended or delayed, in whole or in part, due-fo any ol'the Causes described in this paragraph, after the causes have ceased to exist Grantee shalt perform at do increased cost, tntless Department determines, in its sale discretion, than thedelay will significantly impair the value urthe Agreementio Depamnent, in which case Department may: ( I ) accept allocated performance or deliveries from Gransce, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee For the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Ind em tt i licatintt. a. "rhe Grantee shall be fully liable For the actions of its agents, employees, partners, ❑t' subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, From suits, actions, damages, and costs of every name and description arising Front or relating to: i. personal injury and damage to rent or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligenl act or omission of Department; ii. the Grantee's breach of this Agreetttent or the negligent acts or omissions 01,61antee. Altachrucnt 1 7of13 Rev, 7I1212023 Packet Pg. 29 11.A.a b. The Grantee's obligations under the preceding paragraph with respect to any legal action tiro contingent upon Department giving Grantee: (1 ) written notice of any action or Ihrcittened action; (2) the opportunity to take aver and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable f'or any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, ► hich shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each putty hereto agrees that it shall be solely responsible for the negligent or wrongfrd acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 769.28, F.S. Further, nothing; herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising; out of any contract or this Agreement. d, No provision in this Agreement shall require Department to hold harmless or indenuti ry Grantee, insure or assume liability ror Grantee's negligence, waive Department's sovereign immunity tinder the laws of Florida, or otherwise impose liability on Department for which it wou)d not otherwise be responsible. Any provision, irnpIicatiotr or suggestion to the contrary is null and void. 19. Limitation of Liability. The Dcpartment's liability for any claim arising From this Agreement is Iintited to compensatory damages in an amount no greater than the suns of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is Further limited to a cap of$100,000. 2t1, Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including, financial consequences for nonperformance, shall limit Department's right to pursue its remedies For other types of damages under the Agreement, at law or iit equity. Tice Department al ay, 1n addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21, Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deerned a waiver of Departinent's right thereafter to enforce those rights, not' shall any single or partial exercise of any such right precl tide any other or further exercise thereof or the exercise of any other right. 22, Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(c) of the Immigration and Nationality Act. if Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for un ilateral cancellation ofthis Agreement. The Grantee shall be responsible for including this provision in till subcontracts with private organizations issued as a result of this Agreement, b. Pursuant to sections 287.133, 287.134, and 287,137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i, Public Entity Crime. A person or affiliate who has been placed ❑tt the convicted vendor list following a conviction For a public entity crime may not submit a bid, propose), or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for She construction or repair of a public building or public work; may not submit bids, proposals, or rep) ics on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months Following the (late of being placed on the convicted vendor I ist. ii, Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply an a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a conuvici with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. ill. Antitrust Violator Vendors. A person or au affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; Attnehment 1 9of13 Rev. 7i12/2023 i AO Packet Pg. 30 11.A.a may not submit a bid, proposal, or reply oil any contract with a public entity for the construction or repair or a public buiiding or pubfic work; may not submit a bid, proposal, or reply on leases of real Property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and ntay not transact new business with a public entity. iv, Nod rication. The Grantee shun notify Department if it or any of its suppliers, subcontractors, or consuhants have been placed on the convicted vendor Iist, the discriminatory vendor Iist, or antitrust violator vendor list during the life or the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor fist and rite antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (830) 487-091 S. 23. Compliance with federal, State and local Laws, a. The Grantee and all its agenss shall comply with all Federal, state and local regulations, Including, but not iimited to, nundsscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shalt include this provision in aft subcontracts issued as a result of this Agreement. b. Nu person, ❑rt the grounds of race, creed, color, religion, national origin, age, gender, or disabilily, shall be excluded frorn participation in; be denied the proceeds or benefits of; or be otherwisc subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws or the State or Florida. d, Any dispute concerning performance or tlrc Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the coups of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney Fees incurred in connection with disputes arising under she terms oI' this Agreement. 24. Build America, Buy Ameriest Act (BABA) - Infrastructure Projects with Federal funding. This provision does not apply to Agreements that are wholly Funded by Coro navirus State and Local Fiscal Recovery Funds under the Arner'scttn Rescue Plart Act. Also, this provision does not apply where there is a valid waiver in place, Flowever, the provision may apply to Funds expended before the waiver or after expiration of the wrtiVer, I f applicable. Recipients or Subrecipienis of an award or Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means .111 manufacturing processes, front tide initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of tile manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost oralI components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United Stales -this means that all manufacturing princesses for the constriction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infi•astructure project. As such, it does not apply to tools, equipment, and supplies. such as temporary scaffolding, brought to the consiruclion site and removed at or before the completion ❑fthe infrastructtre project. Nor does a Buy Amerien preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or• within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project, 25. Investing in America Grantees of an award for construction projects in whole ur in part by the Bipartisan Infrastructure Law or titc Intlatinn Reduction Act, including the following provision: i. Signage Requirements it. Investing in America Emblem: The recipient ►viII ensure that a sign is placed at construction sites supported in whole or in part by this award displaying Ilie official Investing in America emblem and muss identify the project as a "project funded by President Biden's Bipartisan Attachment 1 9 of 13 Rev. 7112/2023 CAO Packet Pg. 31 11.A.a Infrastructure Law" or "project Funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction site.% in an easily visible location that can he directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with tine guidelines and design specifications provided by EPA for using the official Investing in America entblern available at: Iltt s:/�S_ /www,c ovlinvcst/invcstin •artterica-si na c. b. Procuring Signs; Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 2DD323, recipients are encouraged to use recycled or recovered materials when procuring signs. Sigmage costs are considered an allowable cost under Ibis assistance agrectnent provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official investing its America emblem or EPA logo or seat) into the appropriate non-English language(s). The costs or such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. i. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S,, the Department may immediately terminate this Agreement tit its sole option if the Grantee is found to have Rubrttitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in tine boycott of Israel during the term of the Agreement. H. if this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the [ran PelrDIcum Energy Sector List, or engaged with business operations in ('uba nr Syria as identified in section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have subnnitted a false certification; or if the Grantee is placed an the Scrutinized Companies with Activities in Sudart List, or Scrutinized Companies with Activities in the [ran Petroleum Energy Sector list, or engaged with business operations in Ct)ba or Syria during the terns of the Agreement. iii, As provided in subsection 287.135(8), F_S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity, The Grantee agrees that no funds received by it tinder this Agreement will be expended for the purpose of lobbying the Legislatureor a State agency pursuant to section 216,347, F.S., except that pursuant to the requirements of section 287.058(6), F,S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that aggrcement. The Grantee shall comply •vitit sections 11.062 and 216.347, F,S. 28. [record Keeping. The Grantee shall maintain books, records and documents directly pertinent to pCrforntance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied, The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the terra of this Agreement and for five (5) years foIlowing the coin pletion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to tnttitttain and allow access to such records for audit purposes. Uport regttest of Dcparttnent's ltispeclor General, or otter authorized State official, Grantee shall provide any type of information the inspector General deems relevant to Grantee's integrity or responsihiIity. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or f les of any type or form that refer to or relate to Agreement, The Grantee shall retain such records for the longer Df: ( I ) three years ofie r the expirations of the Agreement; or (2) the period required by the General [records Schedules maintained by the Florida Department of State (available at: http:lidos.my_floridtl,eomlllbr�rry,-�rclliyeslrecords-manages coil genet I -records -schedule j, 24. Audits. a. Inspector General, The Gratitee understands its duty, pursuant in section 20,0550), F.S., to coopernle with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantec will comply with this duty and ensure that its sub grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively, Attachnretnt I 10 of 13 Rev, W1212023 CAO Packet Pg. 32 11.A.a b. Physical Access and Inspection. DepWntent personnel shall be glven access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, 'including by ally of the Following methods: i. Grantee shall provide access to any location or Facility on which Grantee is performing work, or storing or staging equipment, materials a dnculnents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and Facilitate sannpling, and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with ally work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. 1'Ite Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each nmendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit I , to Attachment 5, 1 f Department Fails to provide an updated copy of Exhlbit I to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the DcpalYrnent`s Grants Manager. The Grantee shall consider the type of financial ass istalie c (fedcraI and/or state) identified in Attachment 5, Exhibit I and determine whether tlic terms of Federal and/or Florida Single Audit Act Requirements may fin•ther apply to lower tier transactions that may be a result of this Agreement. For Federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200,331 for detcrtnining whether the relationship represents that of a subrecipietlt or vendor. For State financial assistance, Grantee shall utilize the Form entitled "Checklist For Nonstate Organizalions Recipient/Subrecipient vs Vendor determination" (forth number DF5-A2•NS) that can be found under the "Links/Fonts" section appearing at the following website; Itttps:llannps,f dfs.cnjnlfsRa. d. Proof of Transactions, In addition to documentation provided to support cost reimhut-sement as described herein, Department may periodically request additional proof of a transnution to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable, Allowable costs and uniform administrative requirements for fcdcrat programs can be founts under 2 CFR 200. The Department tnay also request a cost aliucalion plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe beneftts), The Grantee must provide the additional proof within thirty (30) days OFsuch request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these fonds are. not commingled with funds From ether agencies. Funds From each agency must be necoLin ted for separately, Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project bases. Funds specifically budgeted and/or received for one project may not be used to support another project. Where It Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, ❑r subrecipient, shall establish a system to provide adequate fund accountability for each projccl it leas been awarded. i. if Department Cindi that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. 'file Grantee, upon such writicn notification from Department shall refund, and shall forthwith pay to Department, the amount of motley demanded by Department. Interest on �,my refund shall be calculated basedo:n the prevailing rate used by the State Board of Administration. fnlerest shall be calculated from the date(s) the original payments) are received From Department by Grantee to the date repayment is made by Grantee to Department. 6. In the event that the Grantee recovers costs, incuITed under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged For those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii, Notwithstanding the requirements of this section, the above restrictions oil commingling Funds do not apply to agreements where payments are made purely all a cost reimbursement basis, 30. Conflict of Interest. The Grantee covenants Ihat it presently has eta interest and shall not acquire ally interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Gratitce is art independent contractor and is not an employee or agent of Department, 32. Subcontracting. Attachment i I of13 Rev. 71 t 2/2023 C%() Packet Pg. 33 11.A.a a. Unless otherwisc specified in the Special Terris and Conditions, all services contracted for are to be performed solely by Grantec. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality afwork, change in security status, or non-compliance with an applicable DepartrnanI. policy ar other requirement. c. The Department may, for cause, deny access to 1)epatttnenI's secure information or any facility by any Grantee ennpIoyce, su bco Lit ractO r, or agent. d. The Department's actions under paragraphs b. or c, shall not relieve Grantee of its obligation to perf'ornt Ftll work in compliance with the Agreement, The Grantee sliall be responsible for rite payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor farany expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcnntractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within [he Department's Facilities, unless [he basis of Delrartmem's denial is safety or security considerations. f The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agrcement embrace diversity enthusiastically. The award of subcontracts should reflect tare Fit II diversity of the citizens of the State. A list of minority -owned firms that could be offere-d subcontracting; opportunities may be obtained by contacting the Office of Supplier Diversity at {850) 487-0915. g, The Grantee shall not be liable for any excess casts for a failure to perform, if the Failure to perform is caused by the default a r a subcontractor at any tier, and if the cause of the default is completely beyond the control of hoth Grantee nod [he subcontractor{s], and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to ncel the required delivery schedule. 33. Guarantee of Nirent Carrtpnny. if Grantec is a suhsidiary ❑FanOther corporation orother business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will he a requirement of sale that the new parent company guarantee all of the obligations of Grantec. 34, Survival. The respective obligations or the parties, which by their nature would Continue beyond the termination or expiralion of this Agreement, including without fiinitatinn, the obligations regard itig confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreenicnl. 35. Third Parties. The Department shall not be deemed to assume any liability lnr the aces, fnilures to act or negligence orGrantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to conFer any rights or remedies upon any person: other than the parties. 11' Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. f'trrtIM', no third parties shall rely urpan any orthe rights find obligations Created under Ill is Agreement. 36. Severability, Ira court of competentjurlsdiction deems any term ❑r condition herein void or unenforceabIu, the ather provisions are severable to that void provision, and shall remain in full force and effect. 37. Grantee's Lmployces, Subcontractors and Agettts, All Grantce employees, subcontractors, or agents perforating work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of lechnical certification or other proof o fqual i Reation, A emplayees,subcontractors, or agents perfonning work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling; laws and regulations relevant to [he services they are providing under the Agreement. 38, Assignment, The Grantee shall not sell, assign, or transfer any orits rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable For perfarmance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39, Compensation Report. If this Agreement is a sole -source, public-privale agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Altachntent 1 12 of 13 Rev.. 7/ 12/2023 Packet Pg. 34 11.A.a Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, caste equivalents, severance pay, retirement benefits, deferred compensation, real -property gigs, and any other payout. The Grantee must also infor ni the Department ofany changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly From the State or Fedeml allocations to the Grantee. 40. > xerutiun in Counterparts anti Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument, In accordance with the Sloctronic Signature Act of I996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment l 13 ❑f 13 Rev. 7/ 121202 3 (.AO Packet Pg. 35 11.A.a STA•rG OF FLORIDA DFPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMI NT NO. LPA0495 ATTACHMUNT2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these Inure specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Collier County Palm River Area ,l. The Project is defined in mare derail in Attachment 3, Grant Work Plan. 2. Duration. R. Reimbulsenlenl Period. The reimbursement period for this Agreement begins an July I, 2023 and end as the expiration of the Agreement. b. Extensions. There are extensions availabIc for thus Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. t:'oml}ensatton. This is a cast reimbursement Agreement. The Grantee shalt be cotstpensate d tinder this Agreement as described in Attachment 3. b. luvgicing_ Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Mmehing Requirements. Reimbursement for costs or availability for costs to meet matching requirements slialI be I1mited to (lie following budget categories, as defined in the Reference Guide for Stale Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages 0verheadllrid irccVGeneral and Administrative Costs: 11 [p a. Fringe Benefits, NIA. 11 ❑ b, Indirect Costs, NIA. ® ❑ Contrnctual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. Cl ❑ Equipment 11 ❑ Rental/Lease of Equipment ❑ ❑ MiscellanecuslOther Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall he funded under this Agreement. G. Land Acquisition. 'There will be 110 Land Acquisitions funded under this Agreement. 7. Match Requiremcnis There is no match required on the part arthe Grantee under this Agreement. S. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage Of such types and ►with such terms and limits described below. The limits of coverage under each policy Attachment 2 101 RCV 10/11/2022 CAC Packet Pg. 36 11.A.a maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All in5ariirlee policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee inay provide coverage through a self-insurance prograrrr established and operating under the laws of florid a. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability insurance. The Grantee shall provide adequate caminerciHI general liability insurance coverage and hold such liability insurance at all times during the Agreement, The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be 5250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. Irthe Grantee's dwics include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. insuring clauses for both bodily injury and property damage shall provide coverage on tin occurrence basis, The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy, The minimum limits shall be as follows: $200,000/300,000 Automobile liability for Company -Owned Vehicles, irappIicable $200.0001300,000 Hired and Non -owned Automobile Liability Coverage c, Wo • eg_ Contnensation and Employer's Liability Coverage. The Grantee shall provide ►vorkers' campensation, 1n accordance with Chapter 440, F,S. and employer liability coverage with minimum limits of 5100,000 per accident, $100,000 per person, and $500,000 policy aggregate, Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance, None. 9, Quality Assurance Requirements, There are na special Quality Assurance requlrentents under this Agreement. 10, RewhiR'ge. Retainage is permitted under this Agreement. Retainage inay be tip to a maximum of 10% Of the fatal amount of the Agreement. 11, Subcontracting, The Grantee may subcontracl work under this Agreement with the prior written consent of the Department's Grant MKnager. 'rhe Gran lee shall submit a copy of the crecnted subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed Under this Agreement. 12, State-owned hand, The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. The Grantee will identify the expected rctuen on investment for this project and provide this information to the Governor's Office of Policy and Budget (OPB) within three months of execution of this Agreement. P'or each full calendar quarter thereafter, the Grantee will provide quarterly update reports directly to 0P13, ito later than 20 days after the end of each quarter, documenting the positive return on investment to the state that results from the Grantee's project and its use of funds provided under this Agreement. Quarterly reports will continue until the Grantee is instructed by OPR that no further reports are needed, or until the end of this Agreement, whichever occurs first. All reports shall be submitted electronically to OPI3 at env.roQet)iAs"b .staleX,it ,rind a copy shall also be submitted to the Department at legisla(iveaffairsRc fZoridnDE11.eQv, 14, Common Carrier. a. Apl3lrcable to contracts with a conlnion cars-ler Rrmlpersoo/corporation that as a regular business transports people or commod itics from place to place. Ifapplicable, Contractor must also fill out and return PUR 1808 before contract execution] I f Contractor is a common carrier pursuant to section 908.11 l(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation oftlte law or the attestation in PUR i g08, Attachment 2 2af3 Rev. IM 112022 CA( Packet Pg. 37 11.A.a b. Applicahle to solicitalions for n common carrier— Before contract execution, the winning C:outractorfs) must f 11 out and t-eturn PUR 1808, and attest (lint it is not willfully providing any service in Furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to [lie terms of the federal Immigratiou And Rationality Act, 8 U.S.C. ss, 1 101 et seq. 'The Department will terminate a contract immcdiately if Contractor is found to be in violation of the law or the attestation in PUR 1808 1.5. Additiunel Tar►na. None 4 iv Ivi-iir.s• rnNvd lit _vw m it vt he eippwved by the l]/jrrr r+j { r'+rrrr rat f.'rirrrrs+-J, Attachnnew z 3 of 3 Rev. 10/1 W022 AC Packet Pg. 38 11.A.a ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Collier County - Palm Rivet• Area 4 PROJECT LOCATION: The Project will be located within Collier County; Lat/Long (26.2786, - 81.7592). See Figures i for a location snap. PROJECT BACKGROUND, Collier County (Grantee) has identified one area within Palm River (Area 4) that currently uses onsite sewage treatment and disposal systems (OSTDS). In low coastal areas with high groundwater, individual septic systems likely do not adequately treat human waste, including removal of viruses, fecal matter, pharmaceuticals, and nutrients such as nitrogen and phosphorus, which can present health risks and degradation of local water ways.'i he County has prioritized the design and construction of a central sanitary sewer collection system to eliminate septic tanks within Area 4, The Project will eliminate 24 septic tanks and will mitigate nutrient loading impacts to the Cocohatchee River, nn impaired waterbody (W13ID 3259A) that out falls directly to Wiggins Pass in rile (;ulf of Mexico. PROJECT DESCRI''HON: The Grantee will complete design and construct a central sanitary sewer system to eliminate septic tanks on approximately 24 residential properties. The project will include 24 low pressure grinder pump stations, sanitary sewer force main, power and comnnunication for the grinder putttp Sinliorns, private property sewer connection, abandonmentlremoval of septic systems, and restoration of the right-of-way, The Grantee will obtain utility easements as necessary from property owners. The Grantee anticipates that the finding under this Agreement will cover the septic to sewer conversion portion of the project. The Grantee will fund the remaining costs associated with the infrastructure replacement resulting In a complete project. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Preconstruction Activities Deliverables: The Grantee will complete the design of the Pahn River sanitary sewer system and obtain all necessary permits for construction of the project. The Grantee will also perform hydraulic modeling and provide surveying services. Documentation: The Grantee will submit: l) a signed acceptance of the completed work to date, as - provided in the Grantee's Certification of Payment Reques(; and 2) a summary of activities to date, indicating the percentage of design completion for the time period covered in the payment request. For the final documentation, the Grantee will also submit a copy of the design completed with tite funding provided l'or this task, a list of all required permits identifying issue dates and issuing authorities, a completed hydraulic analysis and surveying report. Performance Standard, The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Dcparlment's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment ;'egtiest far cost reimbursement no more frequently than monthly, DEP Agreement No. 1.PA0495, Attachment 3, Page 1 of No Packet Pg. 39 11.A.a Task 2: Biddine and Contractor Selection Del ivernbles: The Grantee will prepare a bid package, publish a public notice, solicit bids, conduct pre -bid meetings, and respond to bid questions in accordance with [Ire Grantee's procurement process, to select one or more qualified and licensed contractors to complete construction of the central sanitary sewer system. Doe umentation: The Grantee will stsbrnit: I ) the public notice of advertisement for the bid; 2) the bid package; and 3) a written notice of selected contractor(s). Performance Standard: The Department's Grant Manager will review tine documentation to verity that the deliverables have been completed as described ahove. Upon review and written acceptance by [lie Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request forcost reimbursement following [he Conclusion ol' the task. Task 3: Proiect Manavement I]eliverabies: The Grantee will perform project managenient, to include field engineering services. construction observation, site meetings with construction contractors) and design professionals, and overall project coordinaliun and supervision. Documentation: Tine Grantee will submit interim progress status summaries including summary of inspection(s), meeting minutes and field notes, as applicable. Verformnnee Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reitnbursemeitt n❑ more frequently than monthly. Task 4: Construction Deliverables: The Grantee will construct the Palm Rivcr central sanitary sewer system in accordance with the construction contract documents. The Grantee will submit through the Department's G[S web -interface data collection tool, parcel-ievet data identifying collection system extensions; lift stations and other infrastructure associated with (lie grant; and both the parcels connected to sewer and the parcels where sewer has been made available for connection but not yet connected along will) associated grant inforniation. Pursuant to section 381.t]t7655, Florida Statutes, for any parcels for which sewer was made available, but for which connection has not yet been made, the Grantee will notify in writing owners of such parcels that the system is available for connection and that they must connect to the installed sewer system within 365 days of such written notification, Documentation: The Grantee will subinit: l) a copy of the final design; 2) a signed acceptance or the completed work to dale, as provided in (lie Grantee's Certification of Payment Request; 3) a signed Engineer's Certification of Payment Request; 4) all email from the Department's G1S web -interface data collection tool, confirming that data for the project has been submitted; and 5) One copy of a notification letter and a signed statement by the grant manager that notifications to all parcels for which sewer is available, but not yet connected, was sent. DEP Agreement No. LPA0495, Attachment 3, Page 2 of 4 Ci Packet Pg. 40 11.A.a Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Dcpartment's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule- The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Taisk 5: Connection to Central Server Deliverables: The Grantee will properly abandon the septic systems and connect approximately 24 single family residences to a central sanitary sewer system for wastewater treatment by the North County Water Reclamation facility. Documenta(ion: The Grantee will submi(: 1) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment RegUe5L; 2) a list of addresses and types of the properties connected; aid 3) proof of septic abandonment and connection for each property, as evidenced by copies of invoices for the abandonments and connections by a licensed plumber, utility contractor, or building contractor. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request For cost reimbursement no more frequently than monthly. PROJECT TIMELINE & BUDGET DETAIL: The tasks trust be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task Grant Task Task No, Task Title Budget Category Amount Start Date End Date 1 Preconstruction Contractual Services $160,000 07/01/2023 03/31 /2024 Activities 2 Ridding and Contractuat Services $401000 07/01/2023 07/3112024 Contractor Selection 3 Project Management Contractual Services $600,000 07/01/2023 10/31 /2025 4 Construction Contractual Services $1,700,000 07/01/2023 10/31/2025 5 Connection to Central Contractual Services $500,000 07/01/2023 10/31/2025 Sewer Total: $3.000,000 DI-P Agreement No. LPA0495. Attachment 3, Page 3 ol'4 A Packet Pg. 41 11.A.a REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Figure l: Location map. DE Agreement No. LPA0495, Attachment 3, Page 4 of 4 CAO Packet Pg. 42 11.A.a STATE OF FLORIDA DEPARTMENTOF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1, Public Recot-ds, H. I I'the Agreement exceeds $35,000, 00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 1 19.07(1), F.s. h. The Department may unilaterally terminate the Agreement if Grantee refuses to allow I)LINic access 10 Public Records as required by law. 2. Additional Public Records Duties of Sectlori l 19.0701, F.S., irApplicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor-" as defetied 'sn section 119.0701(I)(a). F.S., the following provisions apply and the contractor shall; a- Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be lnspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chanter 119, F.S., Di- as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 1 19.10, F.S, d, 1311sure 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 Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department 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 oftlie contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must he provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. 'These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software forniats the contractor is authorized to access, f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: pub lic.services cr,floridadep.goy Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attsirhment d 1 ❑rl Rev. 4/2712018 CA( Packet Pg. 43 11.A.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 Tlie administration of resources awarded by IIte Department of Environmental Protection l'-which nor}+ he refuted to as the "Deparin ienl ","DE'P", "FDEP" or• "Grantor'; or other' mane in the agreement) io llte recipient (which may be r•efeffed to os the 'Weelpfem", "Grenvee"or other name in lire agreenrenf) ntay be subject to audits and/ar monitoring by the 1)epartntent a F En v i ron in en I al Pro tec[ion, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -sire visits by DEP Department staff', limited scope audits as deleted by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any inonitoriog procedureslpnDcesses deemed appropriate by the Department of Environmental Protection, In the event the Department of Environmentat Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient rultltr r agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART is FEDERALLY FUNDED This pail is applicable if the recipient is a Slate or local government or a non-profit organization as defined in 2 (Tit §200.330 A recipient that cxpends 5750,000 or more in Federal awards in its fiscal year, sous( have a single a program- specifie audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F, EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection, The determination of amounts of Federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502.503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the rcquirernenis orthis part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall Fulfill the requirements relative to auditce responsibilities as provided in 2 CFR 200.508-512. A recipient that expends less than $750,000 in rederai awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than S750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of [lie audit nttrst be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resourccs obtained from other federal entities. A. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via (lie internet nt ht[ps:Nsarn. ovg_ Icotiteitit,'assis[ance-f_itin�s. Attachment 5 I oF7 RGS-t]FI} 55-215 revised 111W2022 CA( Packet Pg. 44 11.A.a 'Phis part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit For such fiscal year in accordance with Section 215.97, P.S.; Rule Chapter 691-5, F.A.C., State financial Assistance; and Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and For -profit organizations), Rules of the Audilar General. EX1-llBrr I to this form lists the state financial assistance awarded through the Department of Enviromnental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sours of state Financial assistance, including state financial assistance received from the Department of Environmental Protection, other slate agencies, and other nonstate entities. State financial assistance does not include federal direct or pass through awards and resources received by a nonstate entity For Fcdera I program snatching requirements. 2. In connection with the audit requirements addressed in Part 11, paragraph I; the recipicnt shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, 3. 1 f the recipient expends less than $750,000 in state fitthncial tssistance in its fiscal year (for Fiscal year ending Jrn1C 30. 2017, and thercafler), an audit conducted in accordance with the provisions of Section 215,97, Florida Statutes, is not required, in the event that the recipient expends less thath $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the proyisiuns of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i_e., the cost of such an audit must be paid from the recipient's resources obtained l'rotn other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at httos:flapps.fldFs.comlfsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at htt :llwww.leg.state.n.us/Wciconhe/indcx.cfni, State of Florida's website at 1}ttaalwww.ihtyflorida.corttl, Department of Financial Services' Website at liltp.//ww�,v.fldfs.com/+tnd the Auditor General's Website at h It VW%vww.my noride.com/ati(leen/. PART III! OTHER AUDIT REQU1REMENTs (A107K This purr suor+Id be used I specr,'fy arty addllional at+dit r egt+i+ernerhls Imposed by the Slate enParding entity Mal are solely fir mallet- of t hal Stare rnvarditrg enli{v's policy (i.e., the audit is not r•egiri+ed by federal or Slate toot's and is not in conflir.•l hvith other Federal or State audir requirements). Pursuant to Section 215. 97(S), Florida Statutes. Slate agencies may conduct or arrange for audits of Slate fr+rancfal assistance that are in addition to audits conducted in accordance with Section 215,97, Florida Slat+ties. In s+rclh an event, the Slate awarding agency +must arrange for Anding rlhe jilt cost of.s:rch additional audits.) PAIIT 1V: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 2K Subpart F-Audit Requirem etits, and required by PART I of this farm shall be submitted, when required by 2 CFR 200.512, by or an behalf of the recipient directly to the Federal Audit Clearinghouse (FAQ as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR y200.501(a)(the number ofcoples Fequired by 2 CFR §200.501(a)should be submitted to the Federal Audit Clearinglinuse), at the following address: Attaclsmenl 5 2 fir f 7 aGS-DEP 55.215 revk d i lAW2022 I.- its Packet Pg. 45 11.A.a By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East I Oth Street Jeffeesanville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2009, must be submitted using the Federal Clearinghouse's Intemet Data Entry System which can be Found at ltttp:/Yliarvester.census.gpy/foeweb/ 2. Copies of financial reporting packages required by PART lI of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Fnvironmentol Protection at one of the rollowing addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3940 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronicatly: FDEPSingleAudit rrdcp.statc.tl.us R. The Auditor General's Office at the following address: Auditor General Local Government Auditsl342 Claude Pepper Building, Room 40i I l 1 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (httix//flau6itor.eov/) provides inst uetIons Far fiIitsg an cieciroil ic copy of a financial reporting package, 3. Copies of reports or management letters required by PART 1I1 of this Attach mom shall be submitted by or on bei,air of tine recipient direct ty to the Depatlment of Envimnmental Protection at one of the rol lowing addresses; By Mail: Audit Director Florida Departrnew ofEnvinontnental Protection Office of Inspector General, iMS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDRTSingleAudit t dep.state.fl.u§ 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for -profit arganixations), Rules ofthe Auditor General, as applicable. Attachmenl 5 3of7 B(;S-❑L"•1'55.215 revised 11/812022 {_'.AO Packet Pg. 46 11.A.a Recipients, when submitting financial reporting packages to the Depaitmentof Environmental Protection for audits done in accordance wigs 2 CFR 200, Subpart T-Audit Requirements, or Chapters Ifl.550 (10ca1 governmental entities) and 10,650 (non and for -profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to tite recipient correspondence accompanying the reporting package. PART V. RECORt) RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, acid shall aI10%V the C)eparlinent of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, cr Auditor General upon request for a period of three (3) years from the date the Audit report is issued, unless extended in writing by the Department of Environmental Protection. Atlanclttttent 5 4of7 0GS-UEP s5-215 rwvi�d 11/8/2022 CAS Packet Pg. 47 11.A.a 4` G a 0 C o c pr cr au au ¢ ¢ Q Q E C C a C =p C 7 7 �l C O Cl N y R, sf � Q 0 .fitt V .N a U d N C ❑ _c Ua _F U ❑ 0 A.. m V Q�. v V v U � O ¢ � CJ �3 i N 61 V Q C n, CL s U sV. n E 4 , U 'a ❑. •a a c e.. c°Ji G u L J N • y C N �� S ) o Y E w E 0 =3 i C � C cam+ itl t�i CO E [� E U❑ �= L � � d r I .U. nU.• y°i ac Q au G4 n Packet Pg. 48 11.A.a Zi RZ s tj n . v a cr •� C/1 rJ w •� CA R CL U Q E C s. hr P � G a � � Q C d L C L. V! Ci L. G a ix h G u t- r_ er F- F^ c .y G O u G a E 01 Q Q Q III w u w U i G � 0.. i � 1 u ' a � r F � j O °' u a psi w Ll c s s. C Ls 0. L s. A- J � 4 y a1 w h K ^3 _ o 6 b c sr a o y « a y V+ 2 a « c W E q E a d A d rr r cd C o p o N fl 2ae ��a G- h 'N � C O V b w-JZ � w La.� 4 ^ u ++ R ar y r rcV ,U m> W V en f f U � 4 L AC N ❑ r 4.. GJ lu ej 8 r. d 6f F C 9 Q R � ny nr cn Q Q W v 7 L P a G E cs hL P7 61 f} M L V? � p m iL— w ' d w y L 11 N a f6 y 8A C ❑ u n m ... .{' U N � •' L h d�J U O ? Si Z Ar N � m c 40 o io r+7 [4 ti L r U LL nzi tiA T7 . �. •r+ r ' 6 v, w fq n IM _ L ni d a ` cd O in ho '� C, Ch ° 4 L p U K rz n E Q 1 O N m e o a ti O z: L Clj k zi y S y r m .. W C � ^ R ed a� rr t u lu y a CL a V � � R � C !. U C a v " U ~Cti ai � pn ❑ in m ` R� y Q v pNp 6J ci Packet Pg. 49 11.A.a .y C 1 O Packet Pg. 50 11.A.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Form DEP Agreement No.: LPA0495 Project Title: Collier• Count — Palm liver Area 4 Grantee Name: Collier Count Grantee's Grant Malta er: Katrina Lin Reporting Period: I (select t hider - scicct Year Provide the fotlowin! information for all tasks identified in the Grant Work Ilan: Summarize the eligible grant [and required match, if applicable) work completed within each task for the reporting period, provide an update on the estimated completion date for each task, and identify any anticipated delays or problems encountered. Use the format provided below and use as many pages as necessary to cover all tasks. Each quarterly progress report is due no later than twenty (20) days following the completion of the quarterly reporting period. 'rosic I. Design and Permitting ■ Progress for this reporting period. • Identify delays or problems encountered: Task 2: Biddint= and Contractor Selection ■ Progress for this reporting period: • Identify delays or problems encountered: Task 3: Construction ■ Progress for this reporting period: ■ Identify delays or problems encountered: Task 4: Proiect Management . Progress for this reporting period: ■ Identify delays or problems encountered: Task 5: Connection to Central Sewer ■ Progress for this reporting period: • Identify delays or prob leins encountered; Exhibit A, Page 1 ❑f 2 Rev. 8115W C AO Packet Pg. 51 11.A.a Completion Status l'or'faslm indicaIc the completion status for the folInwing tasks, if included is the Grant Work flan. Fur CnnstRICti011, the estimated completion percentage should represent the work being Funded under this Agreement. Design (111ans/Submit(al): 30% ❑, 60% ❑, 90% ❑, l00°/a ❑ Permitting; (Cnmpleted); Yes Cl., No ❑ Construction (Estimated): % This repart is submitted in accordance with the reporting requirements of the above DEP Agreement slumber and accurately reflects the activities associated with the project. Signature of'Gran tee's Grant Manager (Original Ink ar DiI,hal ThnesN►stp) Exhibil A, Page 2 of 2 Rev, 3115122 Date CAO Packet Pg. 52 11.A.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit C Payment Request Summary Farm Tlic Poyinen! Request Summary Form for this ?rant can be found ua our website al this link: l �s:llFlcrri�iaclea)•k:nvl4vr�sl�vralcluetin�ei�l llaay__Event-renuest-5LnnIII arv-foFill Please ruse tlx: most current form t'ouncl on the website, Iinkcd above, For each payment request, 1:xbibit C, Pale I cif I Rct '. 12/02/19 Packet Pg. 53 11.A.b Grady Minor Civil Engineers • Land Surveyors e Planners e Landscape Architects May 29, 2024 Ms. Sarah Hamilton Assistant Div Dir - Procurement Services Collier County Procurement Services Division 3295 Tamiami Trail East, Bldg C-2 Naples, FL 34112-5361 RE: Design Entity Letter of Recommended Award 24-8227 — Palm River Area 4 — Public Utilities Renewal Project Dear Ms. Hamilton: Bids were received for the Palm River Area 4 Public Utilities Renewal Project (Project) by Collier County Procurement Services Division (Procurement) on April 18, 2024. Q. Grady Minor & Associates, P.A. (GradyMinor) has completed our review of the bid documents provided by Procurement on April 23, 2024, for the lowest bidder for this Project, and we are pleased to provide the following award recommendation. The scope of work for the Project includes the replacement of aging potable water distribution system, installation of a new sanitary sewer force main, permitting and installation of private property grinder pump stations, proper abandonment of existing septic systems, and restoration including the complete rebuilding of the affected roadways. Palm River Area 4 includes Cocohatchee Boulevard and Cocohatchee Drive, with the sanitary sewer force main being extended along Old Tamiami Trail to Viking Way, all within the Palm River residential neighborhood in North Naples. Four (4) bids were received for this Project and three (3) of the four (4) bids were deemed responsive by Procurement. Procurement's review of the bid tabulation determined that the apparent low bidder is Douglas N. Higgins, Inc. (DNH) with a low bid of $4,218,422.00. DNH's bid is under the County's advertised project budget of $5,000,000.00 which was provided by Collier County during the solicitation (page 2 of 25 of the Construction Invitation to Bid). GradyMinor prepared and provided an Opinion of Probable Construction Cost (OPCC) in the amount of $3,247,450.00 to Collier County, but the OPCC was not provided to the prospective bidders during the solicitation, instead Collier County's budget number was provided. The low bid is approximately 15% less than the advertised project budget and approximately 30% higher than the OPCC. GradyMinor believes that the low bid was higher than the OPCC due in part to the following reasons: 1) As a result of challenging dewatering conditions previously encountered in other Areas within Palm River. 2) This project is unique to typical underground utility construction projects that have been advertised by Collier County. A large portion of the work takes place on private property and the contractor will be responsible for items such as pulling plumbing/electrical permits, installing grinder pump stations on private property, properly abandoning septic tanks, etc. Although all of these items are clearly detailed in the contract documents, work of this nature is not common in this area at this time. Please note, GradyMinor worked closely with a municipality on the east coast of Florida and the product manufacturer during the design and bid preparation who have extensive experience with this type of septic to sewer project. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Ph. 239-947-1144 • Fax. 239-947-0375 EB 0005151 • LB 0005151 • LC 26000266 www.gradvfninor.com Packet Pg. 54 11.A.b Palm River Area 4 Public Utilities Renewal Project Award Recommendation May 29, 2024 Page 2 3) The large amount of local utility work. GradyMinor reviewed the bid tabulation to confirm accuracy and a copy of the bid tabulation is included with this letter. DNH is a local general contractor with utility construction experience throughout southwest Florida and Collier County for over 30 years. Additionally, DNH is in Collier County's library of approved underground utility contractors and has been for many years. The projects provided by DNH as references for similar underground utility projects were all within Collier County and they clearly demonstrate experience to meet the Supplemental Qualifications of Bidders that was required as part of this solicitation. GradyMinor contacted the references for the five (5) referenced projects and completed the Collier County Procurement Services Division Vendor Reference Check Log (attached). All the references that were contacted provided positive feedback and a summary of the Vendor Reference Check Logs is provided below: Project: 9P Project Submittal/review Construction Did the process Contract Warranty completed process process run smoothly? closeout issues since timely & within performed performed Were there any process closeout? budget? satisfactorily? satisfactorily? changes? performed satisfactorily 95th Ave. N. Yes. Yes. Yes. Yes Yes. No warranty Public Utilities Yes, but not issues. Renewal because of DNH 96th Ave. N. Yes. Yes. Yes. Yes, no changes Yes. No warranty Public Utilities to the project. issues. Renewal SCWRF Pump Yes. Yes the review Yes. Yes, Yes. No warranty Station 5 & process was Yes there where issues. Piping performed changes due to Improvements satisfactorily. owner request and unforeseen conditions but overall project ran smoothly. 1081' & 109th Yes. Yes. Yes. Yes, no changes Yes. No warranty Ave. N. Public to the project. issues. Utilities Renewal Churchill Circle Yes. Yes. Yes. Yes. Yes. No warranty Water Main issue. Replacement (Canterbury Village) Based on the information above, GradyMinor recommends Douglas N. Higgins, Inc. be awarded the Palm River Area 4 Public Utilities Renewal Project in the amount of $4,218,422.00. It should be noted that this amount does not include the $320,000.00 Owner's Allowance that Collier County has allocated for this project. \\ggm.local\files\Engineering\PROJ-ENG\C\CCU277A\Area 4\08CDocs\Bid and DELORA Docs\O1. Palm River Area 4 PUR Recommendation for Award Higgins R3.docx Packet P g .55 11.A.b Palm River Area 4 Public Utilities Renewal Project Award Recommendation May 29, 2024 Page 3 Respectfully, Justin Frederiksen, P.E. Project Manager CC O L N C O t� O L a a L d i LPL E M a ti N 01 N N O N CD N LO a 0 J W ti N N le N C O E t V O Q \\ggm.local\files\Engineering\PROJ-ENG\C\CCU277A\Area 4\08CDocs\Bid and DELORA Docs\O1. Palm River Area 4 PUR Recommendation for Award Higgins R3.docx Packet P g . 56 11.A.b COACT Count �® y Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 24-8227 Reference Check by: Allyson Holland Solicitation Title: Palm River Public Utilities Renewal Project — Area 4 Date: 04/24/2024 Bidder's Name: Douglas N. Higgins, Inc. Phone: 239-947-1144 Design Entity: Q. GradyMinor & Associates, P.A. REFERENCED PROJECT: SCWRF Pump Station 5 & Project Project Name: Piping Improvements Location: SCWRF Installation of new sanitary manholes, gravity sewer, demolition and modification to existing Project Description: pump station piping. Contract Completion Date: November 10th, 2021 Value: $1,500,794.38 Project Owner/Title: Collier County Public Utilities 3339 Tamiami Trail E. Ste. Owner's Address: 301 Naples, FL 34112 Phone: (239) 252-5344 Owner's Contact Wayne Karlovich, PE Person: SPM E-Mail: Wayne.Karlovich@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes the review process was performed satisfactorily. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes, did great coordinating county staff. 4. Did the process run smoothly? Were there any changes? Describe below. Yes, there changes due to owner request and unforeseen conditions but overall project ran smoothly. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues. 7. Additional comments: No, additional comments. Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 57 11.A.b �®COICT COUHty Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 24-8227 Reference Check by: Allyson Holland Solicitation Title: Palm River Public Utilities Renewal Project — Area 4 Date: 04/24/2024 Bidder's Name: Douglas N. Higgins, Inc. Phone: (239) 947-1144 Design Entity: Q. GradyMinor & Associates, P.A. REFERENCED PROJECT: TLocation: Project Project Name: 95th Avenue N. PUR 95th Avenue North Removal and installation of new water main and services, sanitary sewer and stormwater Project Description: infrastructure. Contract Completion Date: January 10th, 2020 Value: $5,443,920.00 Project Owner/Title: Collier County Public Utilities 3339 Tamiami Trail E. Ste. 301 Owner's Address: Naples, FL 34112 Phone: (239) 252-4218 Owner's Contact Person: Corrine Trtan E-Mail: Corrine.Trtan@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Process ran smoothly, project changes came from owner. S. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues. 7. Additional comments: Great contractor and would recommend working with them. c 0 L 0 U v R a� Q d L d E R d 00 N a) le N O N a) N Lri a O J W ti N N 00 le N C m E t �a r w a Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 58 11.A.b �®COICT COUHty Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 24-8227 Reference Check by: Allyson Holland Solicitation Title: Palm River Public Utilities Renewal Project — Area 4 Date: 04/24/2024 Bidder's Name: Douglas N. Higgins, Inc. Phone: (239) 947-1144 Design Entity: Q. GradyMinor & Associates, P.A. REFERENCED PROJECT: Project Project Name: 96th Avenue N. PUR Location: 96th Avenue North Removal and installation of new water main and services, sanitary sewer and stormwater Project Description: infrastructure. Contract Completion Date: April 8th, 2021 Value: $4,729,539.92 Project Owner/Title: Collier County Public Utilities 3339 Tamiami Trail E. Ste. Owner's Address: 301 Naples, FL 34112 Phone: (239) 252-4218 Owner's Contact Person: Diana Dueri, PMP E-Mail: Diana.Dueri@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes, no changes to the project. S. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No issues since closeout. 7. Additional comments: No additional comments. Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 59 11.A.b �®COICT COUHty Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 24-8227 Reference Check by: Allyson Holland Solicitation Title: Palm River Public Utilities Renewal Project — Area 4 Date: 04/24/2024 Bidder's Name: Douglas N. Higgins, Inc. Phone: 239-947-1144 Design Entity: Q. GradyMinor & Associates, P.A. REFERENCED PROJECT: Project Project Name: 108th & 109th Avenue N. PUR Location: 108th & 109th Avenue North Removal and installation of new water main and services, sanitary sewer and stormwater Project Description: infrastructure. Contract Completion Date: November 201h, 2022 Value: $10,879,461.55 Project Owner/Title: Collier County Public Utilities 3339 Tamiami Trail E. Ste. Owner's Address: 301 Naples, FL 34112 Phone: (239) 252-4218 Owner's Contact Person: Diana Dueri, PMP E-Mail: Diana.Dueri@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes, no changes to the project. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No issues since closeout. 7. Additional comments: No additional comments. Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 60 11.A.b �®COICT COUHty Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 24-8227 Reference Check by: Allyson Holland Solicitation Title: Palm River Public Utilities Renewal Project — Area 4 Date: 04/24/2024 Bidder's Name: Douglas N. Higgins, Inc. Phone: 239-947-1144 Design Entity: Q. Grady Minor & Associates, P.A. REFERENCED PROJECT: Churchill Circle Water Main Replacement (Canterbury Project Project Name: Village) Location: Project Description: Installation of 3,400 LF of 8-inch water main via open cut and general site restoration. Contract Completion Date: November 10th, 2023 Value: $1,217,642.44 (Final) $1,295,947 (Original) Project Owner/Title: Collier County Public Utilities 3339 Tamiami Trail E. Ste. 301 Owner's Address: Naples, FL 34112 Phone: (239) 252-5344 Owner's Contact Person: Alicia Abbott, PM III E-Mail: Alicia.Abbott@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: Successful project. Contractor did well coordinating with the Homeowner's Association and Residents. Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Packet Pg. 61 DocuSign Envelope ID: EEC33CFB-14B8-459E-8C2A-E881CBEC397B 11.A.c Cofer County Procurement Services Division Notice of Recommended Award Solicitation: 24-8227 Title: Palm River Public Utilities Renewal Project —Area 4 Due Date and Time: April 18, 2024, at 3:00 PM EST. Respondents: Company Name City County State Bid Amount Responsive/Responsible Douglas N. Higgins, Inc. Naples Collier FL $4,218,422.00 Y/Y Andrew Sitework, LLC Ft. Myers Lee FL $4,763,126.00 Y/Y Quality Enterprises USA, Inc. Naples Collier FL $5,396,799.40 Y/Y Haskins Inc. Bonita Springs Lee FL $7,529,096.00 N/Y Utilized Local Vendor Preference: Yes 0 No = N/A Recommended Vendors) For Award: On March 4, 2024, The Procurement Services Division issued Construction Invitation to Bid (ITB) No. 24-8227, Palm River Public Utilities Renewal Project, to forty-one thousand and thirty-two (41,032) vendors. The bid was advertised for a total of forty-seven (47) days. Seventy-five (75) vendors viewed the bid package and the County received four (4) bids by the April 18, 2024, deadline. Staff reviewed the bids received. Three (3) bidders were deemed responsive and responsible as shown above Haskins Inc. was deemed non -responsive due to submitting a mobilization/demobilization cost that was more than the 10% maximum of the total bid amount, as required in the bid documents. Staff determined that Douglas N. Higgins, Inc. is the lowest responsive and responsible bidder. Staff recommends the contract to be awarded to Douglas N. Higgins, Inc., the lowest responsive and responsible bidder, for a total bid amount of $4,218,422.00. In addition to the bid amount, staff has allocated $320,000.00 in Owner's Allowance, for Owner's use as directed. Contract Driven = Purchase Order Driven 0 Required Signatures DocuSigned by: Project Manage : IAA Ud,V't 5/31/2024 DC23CF1558E944C... 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THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsec If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Anna Olinger Hylant - Ann Arbor PHONE FAX 201 Depot Street AIC No Ext : 614-932-1225 AIC No): 734-741-1850 Ann Arbor MI 48104 ADDRESS: Anna.Olinger@Hylant.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Continental Insurance Company 35289 INSURED HIGGI-5 Douglas N. Higgins, Inc. 3390 Travis Pointe, Suite A Ann Arbor MI 48108 INSURER B: Transportation Insurance Co 20494 INSURER C: Endurance American Specialty Ins Co 41718 INSURERD: INSURER E: COVERAGES CERTIFICATE NUMBER:2067010419 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y U1061922047 4/1/2024 4/1/2025 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR PREM SES� RENTEa o_cur ence $ 500,000 MED EXP (Any one person) $ 15,000 X Ind contractual PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y BUA1061922033 4/1/2024 4/1/2025 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED LXNON-OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LAB X OCCUR Y 1061922050 4/1/2024 4/1/2025 EACH OCCURRENCE $ 8,000,000 AGGREGATE $ 8,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ n $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC7012265571 4/1/2024 4/1/2025 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional/ PNV10015508800 4/1/2024 4/1/2025 2,000,000 Each Claim Pollution 4,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Executive Risk Policy #MPL 4049192-00 Effective Date: 04/01/2024 - 04/01/2025 Crime Limit: $1,000,000 Job - #24-8227 1 Palm River Public Utilites Renewal Project - Area 4 Collier County Board of County Commissioners, Board of County Commissioners in Collier County, Collier County Government, and Collier County are includ as Additional Insureds on a Primary and Non -Contributory basis for General Liability and Automobile Liability. Umbrella/Excess Liability Follows Form. 30-Day written Notice of Cancellation applies. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail E Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (" - �r"'1 C O 6- L a+ N C O U R L Q a N E R a ti CO N 0) N N 7 O I N V C fC 7 N C Iti N N 00 1* N C W E t to Q ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 66 11.A.f F.'. -� - �- 6i'l , - " -, , " . 91 �t t b. fl An r-ol p F' I I 'I r I�J Public UtilitieD Department Ef1Jlfleering Oflrj project Divk or) Packet Pg. 67 11.A.g Collier County Palm River Public Utilities Renewal Area 4 Public Utilities Department July 23, 2024 Packet Pg. 68 11.A.g Companion Items Two companion executive summaries for the Palm River Public Utilities Renewal Project are seeking Board approval: Construction of Area 4: To replace the water infrastructure and converting septic systems to County sewer system. Construction, Engineering and Inspection (CEI) Services for Palm River Area 4 to Stantec Consulting Services, Inc. Packet Pg. 69 11.A.g Objective • To provide reliable, sustainable, and regulatory compliant services to Palm River neighborhood customers by replacing the water infrastructure and converting septic systems to sewer. • Deliver another Capital Improvement Project consistent with the Board's Strategic Plan — Infrastructure and Asset Management Strategic Focus Area. Packet Pg. 70 Project Location Pompano DR Saddlebr<o`ok LN,' AREA 1 - p AREA 2 W. i` to AREA ✓ �; ^ �Y C)R T F AREA G AREA 4 kl g WAY - " AREA 7 AREAS. 4 I AREA 5 AREA 10 Q� ~h4�- r.� y o ,E Piper BIVD°'f..... S �' '•• Immtkalee RD _ c 0 r L C 0 U L Q a c> C R a r` CO N a) Packet Pg. 71 11.A.g Project - Area 4 Packet Pg. 72 11.A.g Considerations • On November 14, 2023 (Agenda Item 16.C.8), the Board approved Grant Agreement LPA0495 with the Department of Environmental Protection ("FDEP") and recognized $3,000,000 of revenue in Public Utilities Grant Fund. The grant provides funding to complete the septic to sewer conversion in Area 4 of the Palm River neighborhood. • Area 4 includes replacing and rehabilitating water infrastructure and converting septic systems to sewer as follows: 1) Improvements to the water infrastructure include removing and disposing of the existing asbestos -cement ("AC") water main and installing approximately 3,500 linear feet of new polyvinyl chloride ("PVC") water main, along with fire hydrants, gate valves, water services, water meters, and back flow preventers. 2) The wastewater infrastructure includes constructing a new low pressure wastewater system including 4,500 linear feet of new high -density polyethylene pipe and required grinder pump stations. The improvements also include abandoning the existing septic tanks from each property. Packet Pg. 73 11.A.g Considerations (continued) • On March 4, 2024 the Procurement Services Division issued ITB No. 24-8227, "Palm River Public Utilities Renewal Project - Area 4." The County received four bids by the April 18, 2024, submission deadline, as summarized below. 'Respondents: Company Name City County ST Bid Amount Responsive/ Responsible Douglas N. Higgins, Inc. Naples Collier FL $4,218,422.00 Yes/Yes Andrew Sitework, LLC Fort Myers Lee FL $4,763,126.00 Yes/Yes Quality Enterprises USA, Inc. Naples Collier FL $5,396,799.40 Yes/Yes Haskins, Inc. Bonita Springs Lee FL $7,529,096.00 No/Yes Three (3) bidders were deemed responsive and responsible as shown above. Haskins Inc. was deemed non -responsive due to submitting a mobilization/demobilization cost that was more than the 10% maximum of the total bid amount, as required in the bid documents. Higgins is a Michigan corporation with an office located in Naples, and has performed significant projects for Collier County; including but not limited to Public -LJtility Renewal projects in Naples Park, performing emergency work projects, and various other Public Utilities capital improvement projects. Therefore, County staff recommends Douglas N. Higgins, Inc., the lowest responsive and responsible bidder, be awarded the attached Agreement in the amount of $4,218,422 and approve the Owner's Allowance in the amount of $320,900. Packet Pg. 74 11.A.g A'�J Neighborhood Coordination • Detail information letter with Right of Entry form will be sent to all homeowners in Area 4. • A Neighborhood Information Meeting (NIM) will be scheduled before construction starts. • Project phone line: 239-227-4172. • Project e-mail: PalmRiverUtilities@CollierCountyFL.gov • Public information services during construction will be provided by Stantec, the CEI consultant. Packet Pg. 75 11.A.g Recommendations • Recommendation that the Board of County Commissioners , as the ex- officio Governing Board of the Collier County Water -Sewer District award Invitation to Bid ("ITB") No. 24-8227, "Palm River Public Utilities Renewal Project - Area 4," to Douglas N. Higgins, Inc., in the amount of $4,218,422, approve the Owner's Allowance of $320,000, and authorize the Chairman to sign the attached Agreement. (Project 70257) • Recommendation to approve a modification to increase Purchase Order No. 4500223189 in the amount of $645,032 with Stantec Consulting Services, Inc., under Professional Service Agreement Number 22-7998 for Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for Palm River Area 4. (Project 70257) c 0 r r c 0 U L Q IL a� M IL ti 00 N a) N Packet Pg. 76 11.A.g ns? c 0 :r L L r 0 U Y Q Packet Pg. 77 11.A.i Col ter County Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CONSTRUCTION INVITATION TO BID FOR PALM RIVER PUBLIC UTILITIES RENEWAL PROJECT — AREA 4 SOLICITATION NO.: 24-8227 TREVOR ADALINE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8941 Trevor.Adalinekcolliercount�gov(Email) This proposal solicitation document is prepared in a Microsoft Word format (Rev 8/22/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Construction Solicitation Doc rev 04152022 1 Packet Pg. 78 11.A.i CO Ter C0141lt y Procurement Services Division INVITATION TO BID - COUNTY BID NO. 24-8227 Palm River Public Utilities Renewal Project — Area 4 Sealed bids for the construction of Palm River Public Utilities Renewal Project — Area 4 will be received electronically until 3:00 P.M. LOCAL TIME, on the 18" day of April 2024 on the County's on-line bidding system: httys://www.bidsync.com/bidsvnc-cas/. All bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: $5,000,000.00. A non -mandatory pre -bid conference shall be held at the Procurement Services Division, Conference Room A, at 10:00 A.M. LOCAL TIME on the 18" day of March 2024, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Bids shall be received online by the Bid Date of April 181, 2024. No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within four hundred and eighty (480) calendar days from and after the Commencement Date specified in the Notice to Proceed. The final completion days includes substantial completion days of four hundred and fifty (450) calendar days, with an additional thirty (30) calendar days to final completion. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand two hundred and two dollars ($1,202.00) for each calendar day thereafter until Substantial Completion is achieved. Unless otherwise specified, work will be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Frida. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred eighty (180) days from the bid opening date without the consent of the Successful Bidder. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: /s/ Sandra Srnka Director, Procurement Services Division IF 0 L N C 0 t� v 0 L a IL `m E 0 a ti ao N CD N c 0 M .2 0 ti N N a� N m E s 0 Q Construction Solicitation Doc rev 04152022 1 Packet Pg. 79 11.A.i FORM 1- BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Palm River Public Utilities Renewal Project— Area 4 BID NO.24-8227 Full Name of Bidder Main Business Address Place of Business Telephone No. State Contractor's License # State of Florida Certificate of Authority Document Federal Tax Identification Number DUNS # CCR# N Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the Construction Solicitation Doc rev 04152022 1 Packet Pg. 80 11.A.i above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within four hundred and fifty (450) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature: Title: Date: Construction Solicitation Doc rev 04152022 1 Packet Pg. 81 11.A.i FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Palm River Public Utilities Renewal Project — Area 4 Bid No. 24-8227 Name Personnel Cateizory Construction Superintendent Project Manager Construction Solicitation Doc rev 04152022 Packet Pg. 82 11.A.i FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. c Complete and sign section A OR B. o U Section A (Acceptance of all manufactures and materials in Bid specifications) ' c On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in V the Bid specifications. ' M Company: Q W Signature: Date: n IL Section B (Exception requested to Bid specifications manufacturers and materials) E 0 IL EXCEPTION MATERIAL EXCEPTION MANUFACTURER ti ao N 1. CD N 2. o c0 3. .2 0 4. co ti N N 5. O0 14 N r� C Please insert additional pages as necessary. a) E z v Company: - Q Signature: Date Construction Solicitation Doc rev 04152022 Packet Pg. 83 11.A.i FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non -compliant or non -qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Signature: Date: Construction Solicitation Doc rev 04152022 Packet Pg. 84 11.A.i FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. SEE SUPPLEMENTAL QUALIFICATION REQUIREMENTS — (The Supplemental Qualifications takes precedence, should there be conflicting language with this form.) The Bidder is required provide five (5) project references, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. 2. 3. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (project start/completion dates) (contract value) (phone) (email) (project name) (project owner) (title) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) (project name) (project owner) (project location) (project description) (Owner's address) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 04152022 Packet Pg. 85 11.A.i FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project completion date) (contract value) (phone) (email) 5. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project completion date) (contract value) (phone) (email) Company: Signature: W10M Construction Solicitation Doc rev 04152022 Packet Pg. 86 11.A.i FORM 6 - TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure(Quantity) Cost (Description) LF SY N M TOTAL Company: Signature: Date: Construction Solicitation Doc rev 04152022 Packet Pg. 87 11.A.i FORM 7 - BID BOND THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we (herein after called the Principal) and , (herein called the Surety), a corporation chartered and existing under the laws of the State of with its principal offices in the city of and authorized to do business in the State of are held and firmly bound unto the (hereinafter called the Owner), in the full and just sum of dollars ($ ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 24-8227. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this day of 120 I*-rd Countersigned Appointed Producing Agent for Principal (Seal) Surety (Seal) Packet Pg. 88 11.A.i FORM 8 - INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. Packet Pg. 89 11.A.i Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at hLtps:Hgpps.fldfs.com/bocexempt/ 2. ® Employer's Liability $_1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily current ISO form Injury Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Pollution $ 1,000,000 Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ® Umbrella/Excess Coverage $ 3,000,000 Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence Packet Pg. 90 11.A.i 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG — 1/3/24 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Packet Pg. 91 Coder Coxnt y Procurement Services Division FORM 9 - CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above - mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non- public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Company Name Signature Print Name and Title State of County of The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of (month), (year), by (name of person acknowledging). Personally Known OR Produced Identification (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Type of Identification Produced Packet Pg. 92 11.A.i COLver County Procurement Services Division FORM 10 — VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub - vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 120 in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: Packet Pg. 93 11.A.i Additional Contact Information Send payments to: (required if different Company name used as payee from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: Packet Pg. 94 11.A.i C01 Zier County Procurement Services Division FORM 11- IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes W8.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposalibid. Company Name Signature Print Name and Title State of County of The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of (month), (year), by (name of person acknowledging). Personally Known OR Produced Identification Type of Identification Produced (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Packet Pg. 95 11.A.i FORM 12 - BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. Please read carefully, sign in the spaces indicated and return with your Bid. FAILURE TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON- RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form (Form 1) b. Contractors Key Personnel (Form 2) c. Material Manufacturers (Form 3) d. List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) f. Trench Safety Act (Form 6) g. Bid Bond Form (Form 7) h. Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j. Vendor Declaration Statement (Form 10) k. Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your submittal. 1. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. 9. Copies of required information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company's E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) d. Any required professional licenses — valid and current (myfloridalicense.com) (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) REOUIRED: STATE OF FLORIDA UNDERGROUND UTILITY AND EXCAVATION CONTRACTOR LICENSE OR STATE OF FLORIDA GENERAL CONTRACTORS LICENSE. e. Vendor W-9 Form 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. Packet Pg. 96 ***FOR REVIEW ONLY -NOT REQUIRED UNTIL AWARD IS MADE -PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-1: PUBLIC PAYMENT BOND Palm River Public Utilities Renewal Project — Area 4 Bond No. Contract No. 24-8227 KNOW ALL MEN BY THESE PRESENTS: That bound to as we bind ourselves, our heirs, executors, personal representatives severally. as Principal, and , as Surety, located at (Business Address) are held and firmly Obligee in the sum of ) for the payment whereof successors and assigns, jointly and WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. Packet Pg. 97 11.A.i Signed, sealed and delivered in the presence o£ Witnesses as to Principal BY: NAME: ITS: PRINCIPAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by as of ,a is personally known to me OR has produced My Commission Expires: I►N: ►l (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety corporation, on behalf of the corporation. He/she as identification and did (did not) take an oath. (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) IF O N C O t� M L a a `m E 0 a r� ao N O) N c O M .2 0 co ti N N 14 N r.� C d E z Q Packet Pg. 98 11.A.i Witnesses STATE OF COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this day of 920 , by , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: Name: (Signature) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Packet Pg. 99 ***FOR REVIEW ONLY -NOT REQUIRED UNTIL AWARD IS MADE -PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-2: PUBLIC PERFORMANCE BOND Palm River Public Utilities Renewal Project — Area 4 KNOW ALL MEN BY THESE PRESENTS as Principal, , as Address) are held and firmly bound to _ Obligee in That and _ Surety, the Bond No. Contract No. 24-8227 located sum at (Business as of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. Packet Pg. 100 11.A.i IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each parry being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL NAME: ITS: The foregoing instrument was acknowledged before me this as day of ,a corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) corporation, (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: , 20 , by of on behalf of the Packet Pg. 101 11.A.i ATTEST: Witnesses as to Surety Witnesses STATE OF COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this day of 120 , by , as of , a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of: Commission No.: Packet Pg. 102 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("County" or "Owner") hereby contracts with Douglas N H1991ns, Inc. ("Contractor") of 3390 Travis Pointe Rd, Suite A, Ann Arbor, MI 48'108, a Foreign Profit Corporation, authorized to do business In the States of Florida, to peAorm all work ("Work") In connection with Palm River Public Utilities Renewal Project— Araa 4, Invitation to Bld No. #24-8227 ("Project"), as said Work is set forth in the Plans and Spacificatlons prepared by O. Grady Minor S Associates, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents Hereafter specified. Owner and Contractor, for the consideration herein sat forth, agree as follows: Section �. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described In Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, and amendments relating thereto. All of the foregoing Contract Documents era Incorporated by reference and made a part of this Agreement (all of said documents Including the Agra¢mant sometimes being referred to heroin as the "Contract Documents" and sometimes as the "Agreamanf" and sometimes as [he "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the pertormance of the Work. B. Owner shall furnish to lha Contractor ono reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as era reasonably necessary For permitting. Section 2. Scooe of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully partorm and complete In a good and workmanlike manner She Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful pertormance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to ba paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Four Million Two Hundratl Eighteen Thousand Four Hundred Twenty -Two Dollars ($4,2'18,422.00). Tha amount of Throe Hundred Twenty Thousand Dollars ($320,000.00) has been allocated as an Owner's Allowance. Any allowance dollar amount that has bean Included in the Contractor's Bid Schedule amount is not a guaranteed portion of the aforamen[lonad 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 ba eligible for reimbursement/payment by the Owner as part of a Payment Application submitted by the Contractor. Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-t and B-2, in the amount of '100 % of the Contract Amount, the costs of which era to be paid by Contractor. The Partormanca and Payment Bonds shall ba underwritten t conao-„cuon services ngreament [zo2a_ver.q CAO by a surety authorized to do buslnass in the States of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Sarvica, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable F2einsuranca Companies' circular. This circular may be accessed via the web at httos�//f"scal.treasurv.cov/surety-bonds/I'st-certified-comoanles.html. Should the Contract Amount be less khan $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, 4ts right to do buslnass Is terminated in the States 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. Sactlon 5. Contract Tim¢ and Liquidated Damages. A. Times of Pertormance. Times is of the essence In the partormanca of the Work untlar this Agreement. Tha "Commancam¢nt Date" shall be established in th¢ written Notice to Proceed to ba issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Data. No Work shall be performed at the Project site prior to the Commencement Data. Any Work pertormed by Contractor prior to the Commencement Data shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Four Hundred Fifty (450) calendar days from the Commencement Data (herein "Contract Times"). Tha data of Substantial Completion of the Work (or designated portions thereof) is the data certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or tlasignated portions thereof) for the use for which it is Intended, as more particularly definatl har¢in at Section 76, Dafinad Terms. Contractor shall achieve Final Completion within Thirty C30) calendar days after the data the Punch List Is delivered to the Contractor. Final Completion shall occur when the Agreement is completed in its entirety, is accept¢d by the Owner as complete and is so stated by the Owner as complatad. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Depar[m¢nt Atlminlstrator or Division Director, as applicable, acting directly or through duly authorizatl representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since [Ime 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 Bald time may ba adjusted as provtded for herein. In such event, the total amount of Owner's damages, will ba difficult, if not Impossible, to definitely ascertain and quantify. Should Contractor fall to achieve Substantial Completion within the number of calendar days established herein, Owner shall ba entitled to assess, as liquidated damages, but not as a penalty, One Thousand Two Hundred and two dollars ($7,202.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the avant Substantial Completion is reached, but the Contractor falls to reach Final Completion within the required time period, Owner shall also ba entitled to assess, and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Com pl¢tion. The ProJact shall ba deemetl to be substantially complatad on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms her¢of, and as more particularly daflnad herein at Sactlon 16, Dafinad Terms. Contractor hereby expressly waives and ralinq uishas any right which it may have to seek to characterize the above nokad Conelructlon aarvlces Agreement [2024_va,v11 CPO liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor 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 ba 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 Jurladiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is no[ a Saturday, Sunday, or legal holiday. D. Datarminatlon of Number of Days of Default. For all contracts, the Owner will count d¢fa ult days in calendar days. E. Right of Collection. Tha Owner has the right to apply any amounts duo Contractor under this Agreement or any other agreement batwe¢n Owner and Contractor, as payment on such liquidated damages duo under this Agreement in Owner's sole discretion. Notwithstendin9 anything herein to the contrary, Owner retains its right to liquidated damages due under this Agrsam¢nt even if Contractor, at Owner's ¢lection and in its sole discretion, is allowed to continue and to finish the Work, or any part of It, after the ¢xpiretion of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the avant Contractor defaults on any of Its obligations under the Agreement and Owner elects to complete the Work, In whole or in part, through another contractor or Its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work, as more particularly defined herein at Section 'I 6, Defined Terms. 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. Tha Owner shall consider the Agreement complete wh¢n the Contractor has completed In Its entirety all of [ha Work and the Owner has accepted all of th¢ Work and notified the Contractor in writing that the Work is com plate. Once the Owner has approved and accepted the Work, Contractor shall ba entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall ba liable to Owner to the extant 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 ba owed to it arising out of or relating to this Agreement. Sactton 6. Exhlbtts Incorooratad. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto, and made a part of this Agreement for Solicitation #24-8227 Palm River Public Utilities Renewal Project —Area 4. 3 Canabuc]lon Servlcea Agreement [2029_vec'I] CAO Exhibit A-7: Contractor's Bid Schadula Exhibit A-2: Contractor's Bid Submittal Forms and Adde ndums Exhibit A-3: Contractor's List of Ka Personnel Assigned to the Project Exhibit B-1: Payment Bond Form � Not Applicable Exhibit B-2: Pertormanee Bond Form � Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D-7: Contractor Application for Payment Form Exhibit D-2: Schadula of Values Exhibit D-3: Stored Materials Record Exhibit D-4: Cash Flow Projection Exhibit E-7: Change Order Form Exhibit E-2 Work Directive Form Exhibit F-7: Certificate of Substantial Completion Form Exhibit F-2: Certificate of Final Completion Exhibit F-3: Punch List Form Exhibit G-7: Final Payment Checklist Exhibit G-2: Warranty Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions ®Applicable � Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #24-8227 Palm Rlvar Public Util itles Ranawal Protect —Area 4. The complete contract documents, inclutling Addendum with attachments, are available on the County's on-line bidding system, which the parties agree comprise the final Integrated agreement executed by the parties. Sections corresponding to any checked box (�) expressly apply to the terms of this Agreement and are available through the Cou nty's on-line bidding. ®Exhibit J: Technical Specifications ®Exhibit K: Permits ®Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: t1. Grady Minor B Associates ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall ba deemed duly served if delivered by U.S. Mafl or E-mail, addressed to the following: Collier County Board of County Commisslonars, FL c/o Engineering 8 Project Management Division 3339 Tamiaml Troll, 3i° Floor Naples, FL 347 72 Attn: Diana Dueri, Project Manager III Phone: 239-252-4278 Email: Dlana.Duari�colliercoun[yfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall ba made in writing and shall ba deemed duly served if delivered by U.S. Mail, or E-mail, addressed to the following: a co�swcio� sar..maa ng.aamenr izoza_.re�. t7 GPI Douglas N Higgins, Inc 3390 Travis Polnta Rd, Sta A Ann Arbor, MI 48'106 At[n: Kelly A Wilkie, Vice Prealtlent Phone: 239-774-3130 Email: Kwilkie2000�dnhigglns.com C. Eith¢r party may change Its above noted add resa by giving written notice to the other party in accordance with the requirements of this Section. Sectlon 8. PUBLIC ENTITY CRIMES. 8.7 By Its ax¢cution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.733(2)(a) of the Florida Statutes which read as follows: "A person or afflllata who has been placed on the convicted vendor Ilst 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. 287.077 for CATEGORY TWO for a period of 36 months from the data of b¢in9 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 ba bound by it. Section 70. Successors and Assicna. 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 77. Govarnina Law. The Agreement shall be interpreted under, and its p¢rformance govern¢d by the laws of the State of Florida. Section 72. 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 ba construed to ba and shall not ba a waiver of any such provision or provisions or of Its right thereafter to enforce each and every such provision. Sectlon 73. Entire Aoreemant. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement betwe¢n [ha parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has bean entered into or will be racog nized, s Cona[wcllon Sarv�cae Agreement [2024_var.1] CAO and that all negotiations, acts, work partormed, or payments made prior to the execution hereof shall ba deemed merged in, integrated, and superseded by the Agreement. Section 94. Severabllity. Should any provision of the Agreement ba determined by a court to ba unenforceabl¢, such a determination shall not affect th¢ validity or enforceabil lty of any other section or part thereof. Section 16. Chanva Order Authorization. Tha Project Manager shall hav¢ the authority on behalf of the Owner to execute all Change Ord¢rs and Work Directiv¢ Changes to the Agreement [o the extant provided for under the Owner's Procurement Ordinance, as amended, and the terms of the Contract Documents. Section t6. Construction. (I) Any doubtful or ambiguous language contained in this Agreement shall not ba construed against the party who physically prepared this Agreement. Tha rule sometimes r¢ferrad to as "fortius contra proferentu m" (pursuant to which ambiguities in a contractual term which appears on its face to have bean 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. (li) Defined Terms: The following Defined Terms used In the Agreement shall be understood to ba defined as expressly sat forth below. Other terms referenced in the Agreement shall ba understood as they may separately ba defined herein or if not so defined shall be understood consistent with their natural and ordinary meaning. (a) "Application for Payment" shall mean the form provided by the Owner that is tc ba used by [he Contractor in requesting a progress or final payment and which Is to include such supporting documentation as is required by the Contract Documents. (b) "Construction Project" shall mean a Project, funded by Owner Tunds that involves the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public Im provamants of any kind to any real property owned or under the control of the Owner, which Work is being performed under a Construction Contract. (c) "Construction Services" shall mean all labor and materials to be provided by Contractor in conn¢ction with the construction, alteration, repair, demolition, reconstruction, or any other Improvements to real property. Construction Services also means Work. (d) "Contract" or "Contract Documents" shall refer io those documents described in Section f, subsection A of the Agreement. (a) "Defective" shall mean an adjective which, when modifying kha Work, refers to Work that is unsatisfactory, faulty, deficient or otherwise does not conform to the Contract Documents. (f) `Department" shall mean the Department or Division Initiating and managing the Project on behalf of the Owner. s GanaM1uclian 3BNICBB AgreamanC [2o24_var.t] CPO . (g) "Director" shall mean the Director or Administrator of the Department or Division initiating and managing the ProJact on behalf of the Owner. (h) "Final Acceptance" shall mean acceptance of the Work by the Owner as ¢vidanced by the signature of the Protect Manager or Design Professional upon the Certificate of Final Completion farm, Exhibit F-2. Final Acceptance shall ba deemed to have taken pieta only if and when such signature is affixed to such certificate. The Certificate of Final Completion shall be signed only after the Project Manager has assurance by tests, tnspectlon, or othenvisa that all of the provisions of the Contract Documents have bean carried out, including completion of the Punch List form, Exhibit F-3. (i) "Professional" or "Design Professional" shall mean the professional architectural/engineering firm designated to partorm the design, Construction Engineering and Inspection ("CEI") services, by an existing agreement, or resident In-house Owner engineering services for the Work. At times, Owner staff may partorm the design for the Work in-house end shall be considered the Professional in relation to the Work or a particular portion of the Work. Q) "ProjecY' shall mean the total construction, of which the Work to be provided under the Contract Documents may ba the whole or a part as indicated elsewhere in the Contract Documents. (k) "Project Manager" shall mean an individual employed by the Owner and assigned to manage and administer the Project which is the subject of the Contract Documents. (I) "Proper Invoice" shall mean an Invoice that conforms with all statutory raquiraments and all requlremants specified in the Contract Documents. (m)"Punch List' shall mean the approved list of Incomplete and/or deficient Work that shall ba completed by the Contractor after Substantial Completion but before the Final Acceptance can be certiffad by the Protect Manager. Tha Punch List enumerates the items raqulred to render complete, satisfactory and acceptable all Work by the Contractor. Tha Punch Llst is dav¢loped by the Contractor, Owner and Professional (iF any) in accordance with the provisions of the Contract and within the time frames requlrad therein. Tha Punch List essantlally Includes Items of a minor nature; major Items must be completed before Substantial Completion and cannot ba considered to be Punch List work. (n) "Schedule of Values" shall mean a schedule showing all activities of the Work subdivided info component parts In sufficient detail to serve as the basis for measuring quantities In place and/or calculating amounts for progress payments during construction. Tha Schedule of Values shall ba satisfactory in form and substance to the Project Manager. (o) "Substantial Completion" shall mean the status of completion of the Work which, in the opinion of the Project Manager as evidenced by a defin itiva Certificate of Substantial Completion, is complete in accordance with the Contract Documents, except for minor outstanding items listed on the Punch List. Substantial Completion Includes, but Is not limited to, the following occurring: ('i) the Work can be safely utilized for the purposes for which it was Intended; (2) all regulatory 7 Construcllon 3arvlcae Agreement [2024_var.11 CPO agency requirements era satisfied, Including occupancy permits, operating cartiflcat¢s and similar releases, (3) all operational tasting has successfully occurred; <4) all required training has successfully occurred; (5) all close-out documents (such es as -built drawings, certifications, warranti¢s, 9uarantias, test reports, test logs, operational manuals, etc.) have bean provided by the Contractor and accepted by iha Owner, and permit acceptance by permitting agencies, If applicable, Exhibit F-t. (p) "Work" shall mean the Work to ba parform¢d under this Agreement shall consist of furnishing all plant, tools, equipment, materiels, supplies, and manufactured articles end for furnishing all transportation and services, including fuel, power, water, and essential communications, and for the partormence of all labor, work, or other operations required for the fulfillment of the Agreement in strick accordance with the Specifications, schedules, Drawings, and other Contract Documents as herein tlefinad, all of which era made a part hereof, and including such detailed sketches as may ba furnished by the Professional from time to lima during construction in ¢xplanation of saltl Contract Documents. The Work shall ba complete, and ell work, materials, and services not expressly shown or called for in the Contract Documents which may be necessary for the com pi¢te and proper construction of the Work In good faith shall be pertormad, furnished, and installed by [ha Contractor as though originally se specified or shown, at no Increase in wst to the Owner. (q) "Written Directive" shell mean a written directive and also referred to as work d tractive, as required by in Exhibit H, Section t0.'1, in the form that appears in Exhibit E-2 that is issued to a Contractor from Owner in instances where the pa rtlas cannot agree on price and/or costs associated with work arising from differing, unforeseen or emergency site conditions and the work in question Is part of the "critical path" of the contract schedule. A written directive should ultimately ba followed up with an agreed upon Change Order. A verbal Work Dlractive may only ba issued in extraordinary am¢r9encias when necessary to protect and promote the public interest, which shall ba followed up with a written Work Dlractive within fiv¢ (5) business days. Saotlon '17. Order of Pracad¢nca In the avant of any conflict between or among the terms of any of the Contract Documents, the [arms of the Construction Agreement end the General Terms and Conditions shall take pr¢cedanca 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 extant any conflict in the terms of the Contract Documents including the Owner's Bcard approved Executive Summary cannot ba resolved by application of the Supplemental Conditions, if any, or the Construction Agr¢amant and the General Tarma and Conditions, the conflict shell ba resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. R¢mainder of page intentionally left blanK a ConatrucUon Services AgreamanC [za29_var.11 \) �q/ IN WITNESS WHEREOF, [ha parties have executed this Agreement on lha data(s) indicated below. T WITNESSES _ � ST WI S Davtd J. Wilkie Print Nama Q� SECOND Wf ESS Cheryl A. Grant Print Name ATTEST: Crystal K. Kinzel, Clark of Courts & Comptroller Date: Approved as to Form and Legality: County Attorney Print Nama CONTRACTOR: Douglas N. H199ins, Inc By: K�u.u, a . cc,�.a�c�� Kelly A. Wllka , Vice -President Print Name and Title Data: 06/11/2024 OWNER: BOARD OF COVNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BV: Ch I H II .Chairman '71 Conebuellon Servleas AgreamenC [2024_var.lj . /�O EXHIBIT A-'1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 10 canstrucuon sawices Horseman[: Izoza_vern] OAO Palm River Public Utilities Renewal Project -Area 4 Bid Schedule Co n5tYlJCtion ITB 24-8227 ITEM NO. DESCRIPTION VNIT UNIT PRICE EST. OTY. TOTAL PRI<E SERION 1: GENERAL ' 1.1 Mob111zaUon/Oemoblll9etlon (Max 10%oi Total Bld AMount) IS $418,000.00 1 $418.000.00 1.2 Maintenance oT TeTflc LS $918,000.00 1 $418,000.00 1.3 gurv¢y Leyaut 8, Recortl DrawingE LS $60,000.00 1 $60,OOD.00 1.9 Pre-Conzt[octlon VlUeo &Pbo Wgre Iss LS $20,000.00 1 $20,000.00 1.5 post -Cons Guctlon Vltlao LS $5,000.00 1 $S,OO D.00 1.6 Clearing 8a Grubbin8 IS $918,000.00 1 $918,000.00 1J Vlbratofy Manitoring L6 $80,000.p0 1 580,000.00 1.H Raatl Restoration-$tab111md 5Vbgzatla SY $SLOD >,300 580,300.00 1.9 ROatl Reatomtlon - Llm¢rock Baze (6") SY $19.00 9,000 $133,000.00 1.1p Road Restaratlan-2-1/2"AspFalt (TWO LIEtsi SY $40.00 6,>00 $268,000.00 1.11 Final Pavem¢nt $tYlping, Macking: antl Signs LS $30.000.00 1 $30,000.00 3.12 RBmOVa, O1EpOsa, atlJ Replace Concrete Cwb(Va110y GVK0r) LF $90.00 168 $6,>20.00 1.13 Mllling A Resurladng 3Y $33.00 336 $30.>52.00 1.19 Re lace Ras[ore Oralne a Infraztmtture LF $250.00 100 426 000.00 3.15 RBMOve 019 O and Ra Iaca Drlv¢wa s nO1tl TeMlaml Tlall SY $150.00 160 24000.00 9ECTION 1 {GENERAL)SUBTOTAL: $1,99H »2.90 'ITEM NO. DESCRIPTION UNIT UNIT PRICE EST. 4T Y. TOTAL.PRICE 9ECTION 2: WATER SYSTEM 2.1 Water Maln PI alines I. 6-IncM1 C9000R14 PVC LF $30.00 15O $]0,500.00 11. H-Incb C9000R14 PVC LF $84.00 2000 $168,000.00 III. 10-Inch C900 OR14 PVC LF $136.00 1,500 $204,000.00 2.2 Gate Valves 1. G-ln<M1 Gale Valve EA $3 300.00 1 $3,300.00 11. e-Inch Gala Valve EA $4,>00.00 9 538800.00 111. 10-Inds Gate Valve EA $9,000.00 3 $45,000.00 2.3 Flfe N tlrant Assemblies EA $10,000.00 9 $90,000.00 2.9 3" Water SerVlc¢s EA $2,800.00 26 $>8,900.00 2.5 Watal Meter Ba%as antl BadafloW OBVICBE EA 1400.00 $36,400.00 2.6 Water M0[0r Boxes V art aWater EA $1 300.00 2 $2 600.00 2.J Canntttlon to Exlstln Maln 1. 6" AC WM Cocobatcbee BOV10Vartl antl Old Tamlaml Tra 11 EA $48,000.00 1 $48 000.00 2.g AIr R¢Iease VelVes EA $>.000.00 3 $23000.00 2.9 Conillc[AVoldance Oelledlon EA $6.200.00 4 $26,H00.00 2.10 Abantlnn, Ca ,end Grout FIII Exlstln 6" Wetaz Maln LF $9.00 3,650 $32,850.00 2.11 Remade anU Olaposal of Asbestos Concrete Wa[az Meln $3E.00 SOo $1>,SOO.00 SECTION 2(WAYERSYSTEIVI)'SUBTOTAL: $803150.00 �� ITEM NO. DESCRIPTION -0NIT UNIT PRICE EST. OTV. TOTAL PRICE $ECTIONB: WASTEWATER SVSTEM 3.3 Sanitary 5ewef Forte Maln I. P' HDPE Force Meln O en Cut LF $35.00 $63.000.00 {I. 3" NOPE Fofca Maln O en Cu[ LF g2.00 1 JOO $O1,g00.00 III. 3" HDPE FOYce Maln HOD LF $68.00 1000 68000.00 3.2 Conlllct AVoltlance Degcctlon Ep $3,000.00 9 512,000.00 8.3 Plu ValVas 1.3-IncM1 Iu valve EA $2J00.00 9 10800.00 II, 9-IncM1 IV Valve EA $3400.00 3 $3.g00.00 3.9 AIY Release Valv<b EA $1q,OOD.00 9 $56.000.00 3.5 Fofce Maln Malnt¢nanc<POI[a 1. T minal Maintenance POYt EA $V 000.00 2 $19.000.00 11. In -line Maln[enanc¢ Pofp Ep $3,300.00 3 $9 900.00 3.6 Connectlan to ENlbtlb Fof¢9 Maln B" Cast IYan 1. PS-103.lO DIzcM1af <PI In OO Vlkln Wa EA $3q,000.00 1 $39.000.00 3.] Low Pressu Y¢ Service La[efa 18 6 COubectlon Bozes EA $],000.00 2T $189.000.00 3.8 Low vfeszur¢ Collection 5 stem 8, Pefmlitin EA $24,000.00 2] 5648,000.00 3.9 Gtlnde�Pum etlon El¢[tYlcal SefVlc¢6 Pefmlt3ln FA $5000.00 2] $135000.00 3.10 Elec[Ylcal Pen¢I V rades EA $10,000.00 5 $SO,000.OD 3.13 Se tic Tanla Abantlonments EA $2,000.00 29 $Sq,000.00 SECTION3 WASTEWATER SYSTEM SUBTOTAL: $1918,600.00 SVMMARY Section 1: General $1,9ssazz.00 Section 2: Water System $Bo3,lso.DO Section 3: WastewateY 5y5tem 51,41a,500.00 TOTAL BIU AMOUNT: $a,zls,4zz.Do ` Slaff M1as allocetetl $320.000.00 In Owner's Allowance - Pof Ownafa Vsa ae Dlracled. TM1Is Allowance will be usatl only at Iha OwnaYs dlmcllon l0 acrompllsh work tlue to unfomeean connlllona an0/of es tllYe cletl by lba Owner. Inclu6lon of Ibe Allow ea pall of IM1e Gontfad Price Ia n01 a gua anlee lbal IFe ConMedOY will ba paid airy porllon Df IM1e fVll emounl of IM1e Allowance. Expentlilufea o(Ownara AIIDW O WI8 ba metla NfeuBn cM1Hn9e Onlar wllbfpmpaf tlocV manlegon of Tlme entl Meteflals auppotlln0 tbo cM1ange. CAO EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM [FOLLOWING TH13 PAGE) tt CoreWctlon Services Ag�aemant [2024_var.1] / ` �AJ RORM 1 - BID RESPONSB RORM BOARD OF COUNTY COMM[SStONERS COLLIER COUNTY, PLOtL DA Palm Rivm�Public UlillUex Renewal Project —Area 4 6t0 N0. 24-8227 Pull Name Main Business Ad<Iresa 3390 Travis Poi ne Rd - S<e. A. Ann Arboe M] 481 O8 Place of Easiness 44R5 Entamrixa Ave _ Naales_ FL 34104 Telephone No. 239-904-3130 Pax No. 239-09A-426G State Conn�actor's Licevsc # COGO 89 State of Ploflda CertifScate of Authority Decummrt Federal Tex Identification Numher DUNS# nt_vat-�tR3 CCR# Cage Coda OVD82 To: BOARD OP COUNTY COMMISSIONERS OF COLLIHR COIBJTV, FLORIDA (hcrcinafler oa11eA the Owner) Tile undersigned, n3 Bidder declares that She only person or parties in[wnsled in this bid ns principals era those named herein, that this Bid is submitted without collusion with any other persoq firm o � corporation; that i[ has enrefad ly ,etl [ba location of fhe propoaetl Work, the pronosed { nn of Agreement m,daali othrn' Conanet Documents mfA aorta:, ana ine cumin¢[ Drawings ana snaeifieadons. Bidam' proyoses, and agrees if this BiA is ccapted, Bidaar will ¢ cute the Agreement incluaea in the BidAing Documents, to pmvlde all n sary machi,mry, mots. apparntas nndeothw� means of construction, including utility ana haospoitatlon services neceasa,y to do all the Work, ana furnish all the meterinls end equipment specified o inferred ro in the Contract Dowmanls in the manner xnd time hm'ein prescribed and acco,ding to the +requvenvents of the Owa¢r as therein sat forth, furnish the Connnclor's BonAs and hrsurance speciFed in Ihe General Conditions of the Contract, and to do all other things required of the ContraMor by the Contract Docmnents, nutl that it will take flJl payment the snms set forth in the Following Bid Schedule: Unit In�ices shall ba provided in no more B,nn two decimal points, and in lbe case where fu rlher alecimat poh,[a �e inadvarlently p,nvlded, mending to bye decimal points will be contlucted by Proca cement Sm�vicea Division staff. Upon notification [haf Its Bid has been awarded, [ha Successful Bidder will a cote the Agreement form attached t0 the Bidding Documents within ten (]O) calenAnr says and Aeliver Iha Suroty Bona or Bones and Insurance Cefffloates required by the Conn'xc[ Documents. The bids uri[y nttachM is [o become the properly o{the Owner in Ifie even[ the Agreemenq Insnrnuca Ca,tificates pad BOnds era not executcA and delivered m Owner within the rhea above sat forth, as liquidated tlamagea, for Ihe delay and additional expense to the Owner, it being rccognizetl thaq since Time is of the essencq Owner will suffer financial loss if the Svccessfld 6ldder foils to execute and deliver m Owner [he requited Agrcemmt, Insura,ce Ccrtiticetcs and Bonds within the required time period. In the event of such F ilure, [he total a ant of Owners tlamagas, will be ditlloulq if not impossible, to de£ni[ely a certain and quen[i£y. It is hereby ng�ned that it is appanpriato and fair that Owner receive liquidated damages f�om [fie Successful Ditldm' in the veal it fails toe cute and deliver the Agraenvenq Insurance Certificates, end Bonds n required hareundes. The Successful BiddmXfiereby expressly waives ana rellnquishea xny right which it may have [o seek to chnrnateriu the Conairvcl/on Salici(ai/pn Doc rev a4952022 CAO above noted liquidxtetl damages a a penalty, which the parties agree represents a fair enA rc nable estimate of Owner's actual damages at the time of bidding if the Succeuftil BiAder fails to execute and deliver the Agreement, btswwnce Certificates, and Sonds in a timely mmmer. Upon receipt ofthe signeA and app[nved agreement and Pnrchese Ordeq the undersigned ptroposes to commence work nt the site within Fva (5) calendar days from the convnencement Aate stipulated in the written Notice to Proceed unless dae Project Manager, it writing, subsequently notiTies the Contracmr of x modified (later) commencemnrt date. Tha ndn�signed further agrees to substantially emnplete ell worK covered by this Bid within four LmadreA nntl fifty (440) cotive calendar days, compared by excluding the commencement date and including the 1¢st day ofsnch period, end to be fully completeA to the point oP f]nal acceptance by the Owner within tiArry (30) consecutive calendar Aays after Substantial Completion, computed by excluding commencement dace and Lacluding the last day ofsnch period. AccePta ace mtA aek nowledge<I by an Autbmdve Agent Title- .oe P �reiA...e Conafruc(ion So!/c/(a(ion Ooc rev 04152022 , CPS FORM 2 - CONTRACTOR'S KRl' PRRSONNRL A39IGNEO TO TIIR YROJL+CT Yalin River Pubifc U[ili[iea Rmiewnl YroJect—Area 4 RI<I rvo. zr-I:zz� Nance Jsmes Nelson Michael Lobcllo Yoe el Cateaory Construction Superintenden[ P jed Manager Construction Solic/tattoo Ooc rev 04952022 p\j �C A FORM 3 - MATERIAL MANURACT V RER6 THIS RORM MUST BE COMPLETED OR BID MAV BB DEEMED All Bltltleea shall conflnn by signature the[ they will provide them mfac[urers antl materials outlined in this Bid specifications, inclutlb,g compliance with Florida Smnrte 255.20 [o provide lumbery timber mtd other f rest products p�nduced and manufactured In the State of Florida as long as the price, fihtess an<I quality ere equal. Exceptions (when equals n captnble) may be requestetl by c mpleting the Material Manufacturm� Exception List below. If an exception for a mane facinrer antl/or material is proposetl antl listed below and is tot approved by Engitreer/Project Mataser, Bidder shall f uvish the menufacwrer mm�ed in the specif cation. Acceptance of this form does not conatitutc acceptmtce of material p+oposeA on this list. Complete and sign section A2B. gecBmt A (Acceptance of all manpfflchves and materiels in Bid specifications) On behalf of my firm, 1 confirm that we will use nil mannfncnn'ers nutl materiels as specifically outlined in me Bia apepireationa. company: /�/��ug�t sisnatura: �'rj[..� l/C - Ll.�.i_�-(.-IL oats: ei, xnn Section 6 (Exception requested to Bid specifications msnufacturw's find mn[m'ials) 2. 5. Please insert etltl itimral pages as necessary. Com Pany: Date Yai[.i71 [i Constrvcflon SOUcltafion Occ rev 04f52022 C� FORM A -LIST OF MAJOR SUBCONTRACTORS TH15 FORM MUST BE COMPLETED OR BIU MAV BE DEEMED NON -RESPONSIVE Tha undersigned states That the following is n list of the Proposed subconvactors Far the major categories outlined in the rroquirements of the Bid specif cations. The undersigned acimowledges its responsibility for ensuring that the Sxbconuredorx for the mglor categories listetl herein afe "qualified" (as tle£netl in Ordinance 201 �-08 anA Smtiou IS of Instructions to Bidtlers) anA meet all legal requfrmnenis aVPlicable to and necessitated by the Contract Documents, incluAing, but not limited to proper licenses, certiBaations, reglsn'ntiona and insurance coverage. The Owner rese vas the right to tlisquolify any Bidder who includes non -compliant or uon-q ualiFled Subcontrectora in its bitl offer'Further, the Owner may Airect the Success Ad Bidder to remove6�epince any Subcontractor. nt no additional cost to Owner, which is found <e be nun -compliant with this requirement either before or after the is of the Award of Contract by Owner. (Anach additional sheets as ceded). Furtlaer, the undersigned acknowletlges antl agrees that VrompLy after the Award of Contract, antl i ordance wiUY the requirements of the Contract Docnments, [he Successful Bidder shall identify ell Subcontractors it itrcends to use on the P jcct. The mtAersigned f nthm-xgrees that all Subcontreotora subsequently idanlifietl foe' any portion of work on this Project most be gealifed as noted about. Major Category of Work 3vbcontrec[or end address 1. Electrical a r l � C�� t F z. Mechanical - F Prrn 3. Plwnb:n a a 4. Site Worts � Jg u n l� 5. mentify other subconbactors that rapreaen[ more than 1 O% nt I f1- oFprice or that effem the cralcal ath of the schedule Co npany: n...•gfa=tu w'ogit>a�l signature: k',�L'C L�",(:i •I/a-1 GiCe-L.- Dato: ailarzn Consfrocfton Sollcitat/on Ooc rev 04f52022 I CAO FORM 5 -STATEMENT OF EXPERIENCE OF DDIDER TBIS FOILM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RRSPONSIVE/tVON- RESPONSIBLE. SEE SUPPLEMENTAL QUALt FiCATiON REQVIREMENT3 (The Swpp/enren/n/ Qno/lpcaJ/n++s Jnkes P+'ec<Aeoce, s/ mdA J/+ere />e cn+{/1lcdr+g /nngnnge +WJh /Gdv,fnr of Tha Bidder is required provide five (5) project references, stated below, of what worK of similar magnitude completed within the last flue (5) years is a judge o£ its exparienca, skill and business standing and of its ability to conduct [he wa�k es court>letety and es rapidly as required under the terms of the Agreement. 3. Sec AttacheA (V, )act name) (p.rojeet location) (pmjed owner) (Owner's address) (pmjett description) (Owns, s contact person) (tine) (p.ojem scan/con,pbtion dates) (contratt value) (phone) (emniq (p i<al nntne) (Vml<et loaatian) (owners eaar<as) (p,nject tlesoriP[ion) (Ownor's contnet Verson) (title) S (p, Ject start/complttion dates) (wntracr value) (phone) (<maip (nmieot owner) (p ject Iecntinn) (Owner's ndAross) (p jeat aesnrlption) (p jant start/completion Antes) (wnh'nct vnlae) (Owner's contact person) (title) (Phone) Conafnrct/on Sol/c/cation Doc rev D4152D22 CAO POAM 5 - STATEMBNT OP BXPERibNCb OF BIDDER 4. 5. (ptOjeel name) (project Owner) (project location) (Owner's etlAress) (project description) (Ownw•s correct Verson) (title) (p jeer completion date) (connrect valve) (phone) (email) (V�rojed name) (project owner) (project location) (Owner's address) (project description) (Owner's contoet person) (title) (projecr completion date) (conuscr value) (phone) (email) Company: Douglas N. Higgins, lnc. $ignamrc b De[C: d/i R24 Construcflon Solici[etfon Occ rev 04932022 CAO :;w w:�.w. �. CAO CAO Ha�1�.Be Bey MP6 s- Pl19Yti P zulUnB a.y a..a. ':use sv ee::n�.°.5ua... .oww ..a�mr Dabs. .new ioe imo.w=.�n�n. RORM 6 -TRENCH SARETY ACT THIS RORM MUST BE COMPLETED OR BID MAV BE DEEMED NON -RESPONSIVE. Bidder acknowledges that Inclodod in the vmlous items of the biA and in the "S'otel Bid Prices are costs for complying with the Florida Tench Safe[y Act (90-9G, Laws of Plaride) effective October 1, 1990. The Biddm� further itlentifies the cast fo be aummm'izeA below: Trench Sefery UNts of Unit Unit Extended c-o c Mexswc Measure (Ouantitvl C' g (Descriotionl fLF.SY) 1 . r n I` L F �OL77 =+ (D. C6 � `'wt DDO 2. 80>< - 3. 5. TOTAL $ �FP OOO Company: �nttlZl signawro: �Q f �-(-(� a , fiL1 L-/C-L�' Dace: an ana Cans(rucfion Solt/fat/on Doc rav 04 fG2022 CAO FORM'1-BID BOND THIS PORM MUST 6E COMPLETED OR B[D MAV BE DEEMRD NON-RESPONSPV C/NON- RESPONISBLE KNOW ALL MBN 6V THESE PRESENTS, that T�nglas N Hieaio._ Ino (herein after calletle the Principal) and (herein enlleA the Surety), a corporation chmin�ed and xisting under the Iwws ofthe Smte of CT with its principal otiticcs in the oity of Hartford and authorized to do business in the Smta of PI era held and firmly bounA nto the (hereinafter uxlled lfie Owner), in the Pull end just vum of Five ,.f the axb„d b d dollars ($ S9e )good and lawful money of Iha United Steles of Amw�ica, tp be paid upon demand oEtha Owner, to which payment well and truly to be matlq [he Prinoipnl find the Sm'ery bind thomsalyas, their hairs, and axecumrs, administrators, end assigns, jointly and severally and firmly by these prevents. Whereas, the Principal i about to submiq or hea aubmittW to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, inxtal 1, end Polly compl¢ta the Work on the Ptnject known flu BIA No. a4-szzo. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRTNCNAL shall earn' into the required Agreement with the Owner and within ten days wftn� the data of a written NOHce of Award ha accordance with dto terms of such Bid, mid give such bond or bonds in an amount oP 100^/o She total Convac[ Amount nx xpeciFlwl in Iha DlAding Documwts or Conn'ant Documents whfi good end sufficient surety for [ho faiththl performance ofthe Agreement xnd for the prompt payment oP labor, materials end supplies furniahetl in the prosecution thereof or, in [ha event of the failure oftha PRINCIPAL to enter into such Agreement or to glue such bond or bonds, end deliver to Owner the rcquii<d ertiticatev of Insurance, if the PRINCIPAL shell pay to the OBLIGPE the fixetl sum of$ 54f. of attad•ed noted above as liquidated damages, end no[ as a penalty, as provided in Me Bidding Documents, than this obligation shall be null and void, otherwise to remain in full force and aff�c[. IN TBSTIMONV Thareef, [he Pt9ncipal and Surety have caused these presents to be duly signetl-and sawleA this 1g_ tlay of n.,r� � , 2024 poargra. r.r u e PrinolFel �{t Appointed Praducivg Agent for .1 CAO k 1L � `V�Y �1f� �1Lat 1 � 1L ��Il:�.1.�1 n ''� KNOW qLL PER30N9 By THESE PRESENTS THgT: Ohact /nqu4las/Clalma So: THE HARTFORD Bowo, T-ti One wartferd Plnxa Iiart�ofQ Connaellcut OBi86 ca/! 1888-288-098g wfax: 800->8>-8838 INC/TROY XD Hartfo>tl FVa In a Company, n rnmorel(nn tluly orgm and under the Imes of llm Slme of CmmeeHcut © Nartfortl Casualty In aCompany. ncorlJoratlon tluly'orgvuized auatler the laws of the State of hulienv Q H?rlfortl Aeeltlent antl InUemnity Company, n orpar n duly organizcaf antler Ow Ivws oflhe Smte ofConneelicul O Harffortl Ontlervarlfara Ina 0 Company, a orpomlivn duly arg:u :zcd under the laws uEtba Slnta of Cauneofiaul O Twln Clry Ftra In uranCa Company, a orpomtian duly organ azed nndor the Iarvs oPBs Stele oflntliana Hanford In w COmpany of Illlnola mrym'ntion duty orgmLLuaf unafer grn Inwn uFWe Stnte oPlllinais Q Hanfortl In atones Company of the Mitlweat, a orporntima tlnly arga: ud under the laws aYthe Stvta oPlntl(ona �1 Hanford Inauvvnce Company o! fM1e Southeast, v commalfon duly orgnni:xd antlor the leave ofd»Stele oPRlarldv up mrFa amount ar VnJ.vmxcau eusan E. Husd, VicKi 8� Ouncan, Thereas T. Foley, Nicholas R Hylant, .Tenni£er A. Jarosa, Jami¢ Laurancelle, 3araya S. Nair, ICriatia A. Pudaran, Judy K. Wilson, Xathy S Zach o£ TROY, Michigan IheV trva antl lew(ul Atlomay(a)-In-Fact, ascM1 In IhaV aeperela copeclle If more than ana Is nametl above, tc algn Its name as surely(laa) only a9 tl0llnealed above by ®, antl 10 execute, seal antl acknowletlge any ntl all bontla, untlarlakinga, conhacta and Nor wdtlen InaVumante In Iha naWre thereof, on behalf of Iha Compenlea In thetr bmineas of guarantaoing Iha fitlelily of persona, guarenteaing Iha pertormanca of contracts antl exacWing or guaran[aelray bonds and untlertekings required or parmllled In any actions or proceadinga allowed by law. In Wllneas Whamof, and ea aulhoNzaLi by a Resolution t lba Boartl of Dlraclora f the Compenlas o May 23, 2018 iha Companies have ceua¢tl Ih¢ea presenb to be algnetl by Its Asalelant Vlca Presltlant antl Ile corporele seals to ba M1are[o afllxsQ tluly etlealetl by Itg AaalaWnl Secretary. FUNha0. pureuant to RasolWlon of the Boartl of Olrectefa of the Compenlaa, the Companies hereby unamblguoudy af(Irm that Ihay era and will be bountl by any machenlcally applletl slflnatures appllatl tO IF:Is Power of Agomle/+y..rc� ��� C�a:.x_., s s � a 'ea',f� �., ��a d'ra.: ^..�"w-,i � ....e ,- �� �c.o� ,ra d-�LLLn7' W , ��(:,i.o (_-lOf.�(��.Y .ow.. Shelby Wlgglna. Acalalenl Secretary Joelle L. /i/Plarre. AnalSlen[ VICa Praeldant STATE OF FLORIOA ss. Lake Mary COUNTY OF SEMINOLE On Ihls 2DIh tlsy o(May. 2021, before me pa:nonally came Joalla LaPlarte. to me known, who being by me tluly awom, tlld tlepose and say: Ihel (�)he r altlea In 3aminola Cotmly, 8lata of Flaritla: Thal Oha le Iha Assistant Vlce Prsaltlant of 1M1e Companies, iha carporatlons deactlbad In antl wMcb that ihley wahre ao afgxetlrby aulM1orlty of ilia Boartls of Clr of slot saM wrpoalllon6aantl that (a)nelsigned hlaJhapn emellhereto by IIKe authorilyrporale aeel9� . •• v GxPiwiJwe ]0.1o35 1, iha undersigned, Aaslslanl Vlca prasitlanl of fM1e Companion, DO HEREBY CERTIFY Ihat the above antl foragoing Is a Imo and cmrec[ copy of iha Power p( Attemay executatl by ealtl Companies, whlctt Ia atilt In lull force eflecllve ea Of Aor1118 2D29 Si9netl antl aealetl In Leka Mary, Florida. \/t${\P/\`p\�^7 ...,: � ana � .. �� �� a �.� .P. � .a c i rw �W� >�[ gc D f)e ,.�iril� .�f._�.>_,r ry Kcllh O. Oozcla, Asalatant Vlca Prealtlnnt CAO FORM 8 - iN3UAANCC AND BONDING ACQUIREMENT$ The Vendor shall at its o expenses, carry and maintain i urancc covemge Prom responsible- c mpnnies duly nuthoriz¢d to do business in the Stale of Florida es set fbrth in FORM 8 ofthis solicitation. The Vendor shall procure and maintain pmpnrry inaurnnca upon the emire project, if requi red, to the NII insurnbce Value of fha scope of work. The County find the Vendor wntve ngainst ench other antl Iha County'a aeparale Vendors, G'OOtInClora, Ueaign Conswltanq Subcontractors, aKents antl em Ployees of ench and all OP[hem, all damages covered by propw'ry insm�ancc provided herein, ezcePt such rights as they may bnva t0 the 1>roceWs of sncla tnsurnnce. The Vanden' and County shall, where nPin'oprinte, requires niter +valuers of subrogation from Poe Cnunty's separate VCOAOI's, Design Consultants end 8ubconu'ectors m>A shall trequire eeoh o£ them to include similar wnivars iu their conu�ncts. Collier Comaty shall ba t'esVonsible for pnrdmsing anA maintflining its own liability b>aurnnce. Cacti fice[ea issaatl as a resOlt of the award ofthis solicitation mast identify ^Pos any end all work performed on behalf of Col lien' County", my the apeciflc solicitation number raid Idle. Tha General Linbility Policy provided by Vendor to melt the requirements o{ this solicitation sbnll Hama Colltm' County, Florida, n ntlAitiooal is scared ns m Iha opernttuna of Vnndw' under this solicitation and shall contain n severabiliay of inteFasts Vtovisiops. a 'fha Cerliflcate Holder shell ben nod as Collier County Hoartl of County Conunissicnerx, OR, Board of County COmmissioncrs in Collier County, OR Collier County OOVernment, OA Coll tar County. ThC Car[i£aates OfLasurnnce cast state the Contract Number, or Protect Numbmy or specific P j<ct description, or must .cad: Por mry and all work performed Ou behalf of Collier County. The mnowns and types of insurance rnverege shell conform to the ualnimum requ b+ensenta set Porth in FORM R with the a of Insurance 3ervicea Offlcc p5O) forms and endorsements or [heir equivalents. lF Vendor has any elf- retl retentions rn' deAudiblas under anY Of the below listed minimum required coverage, Vendor ninst itlmrtify On thea'Ccrtiflcam Of haswance the nahue end a cant of such sal£- i red retentions m' deductibles end provides satisfactory evidence of Rnanciel responsibility for such obligations. AllaselEtnsured rctenttons or deductibles will be V¢ndor`a sot¢ resPonsibiltty. Coverage] shall be maintained without interrnp[ion from the tlata of commencement of ilea Work until the date of c nq>letion and ncceptnnce of the scope of work by the County Or ns sPectFed to this solicitntlory, whichwer is longer. The Vendor antl/m� its insurance c shflli provitlo thirty (30) days written notice t0 the County oP Policy eellntion o - west on the Part Of the it or the Vendor. The Vendor shell also notify the County, in a like ran ne�, within twenty-Ibar C24)thonra otter recei Pt. of nnY notices ofexpirattan, wncellatioq non- wal o nnrerinl changes to coverage or limits re iVW by Vendor fimn its it and notfiing cw>minetl herein shell relieve Vendor of this requitromart to provido ciaotice. In the event of a raductiOrn in the aggregates limit of any policy t0 be Vravided by Vendor hereunder, V endor shall imnmtliataly take steps m bnva the aggregate limit reinatnteA to the Rdl cxmnt Perm ittod under such Volley. 3houkl a[ any lima the Vendor not maintain the insurance coverege[s] required ]uaYein, the County may ta'minate the Agteement or et ties sde tlisrnetion sfiflll be midtorizad ro purchnsa sucM1 aw ragejgi and charge the Vander for such ragef� Vurchasetl. if Vendor fails m re mburse the County { rsuch costa within thirty (30) Aays after tlemand, the County bees the right to Offket these costs f m nny amoont dues Vendor under this Agreement o nny other ngrewnmA between the County and Vendor. The County shall be under no obligelion to purchases such inaurnnca, nor shell it be responsible for fha coverage($? Vurchased or the insurance company or companies usatl. Tha daeislon of ilw County to purcfinse soch inaurnnca covcragej_] shell in no way be construed to be a waiver of any of its rights under the GOnllnel DOcumeuls. If the initial or any subsequently Issued Certificates of Insurance expires prior m the completion of the scope oP work, the Vendor shall furnish to the County r wnl o reVlncement Certificates) of hasurancc not later ihnn [en QO) calandm' tleys after the expiretion date onttthe certiftcata. Pailure of Iha Vendor [o provide Lhn County with such wnewal certi£cate(s) shall be considered justi£cation £or the County to terminate any and all coturncts. CAO c®92EY� CERTIFICATE OF LIABILITY INSURANCE Ar`B"`.v°°mmn ° 3/zvzoza TH13 CERTIFICATE IB ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH19 CERTIFICATE GOES 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 IS8UIN0 INSURER(S), AVTHORIZEO REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If fha verllllcale Noltlsr Ia an ADDITIONAL INSV RED, the pollcy(lasj must have ADDITIONAL INSV RED proYlalana or ba andore°d. If SUDROGATION IS WAIVED, auUJevt to the <enns entl oontlltlona o! the policy, certain polld¢a may ragvlre Hn °ndoraamend A statement on tNb eartllbata do¢s not vonf°r rl bta to the vertlllcala holtlar In Ilau or such endorsement a . Anna Olin er Hylent pAnn Arbor 2O1 DaDOt Stl9OI Ann Arbor MI 48t04 � H'Iq-932-'1225 T94-941-0H50 � Anna.011n H IenLecm COnllnen[Hlalnaurance Com a 36289 H�q IOouglas a Trans orta9on InBUfHnCa CO 2Og9q N. H19gIOB. In0. 3380 Trews POlnta, Sulle A c: Entlurence Amerloen SDeclellV Ina C° 4tOt8 Ann Arbor MI 48tO8 COVERAGES CERTIFICATE NUMBER: 19747098'I REVISION NUMBER: THIS IB TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BENOW HAVE BEEN IS6VEO TO THE INSURED NAMED gBWE FOR THE POLICY PERIOD INDICATED. NOT\NITH9TANOING ANY REQUIREMENT. TERM OR CO DITION OF ANY CONTRACT OR OTHER DOCVMENT WgTH 6PECT TO WHICH THIS CEQfIFICgTE MAY BE 169UEO OR MAY PERTAIN. THE INSURANCE AFFORDED eY THE POLICIE6 DESCRIBED HEREIN IB UBJECT TO ALL THE TERM6. EXCLUSIONS AND COPIDITIONB OF HUGS POLICIES. LIMITS SHOWN MAY IigVE BEEN REDUCED BV PAID CLAIMS. a n4/1/202aF Vq/tY2O28 THi'10 X a �Li aQ Dlpata22pp�ICY Ias�M� CVR o0000 b 15000 X °�Q O ODO j€� Q L c - Y 000 OOO �urV HVg10Bf923099 Vt/N24 4ry/2026 'LOOO,O00 Y(Pr P+rrm] t 1(T X ONLY X 60NLV RY (Pv em) S a X X U10a1a220SO 4/t/Y021 9N2026 00p °9, LIn =B �.o �:�'onv Nl.F.n` er.wco-. anY 0 �M ;ice zM M��;°x nr. W090122B6b)t 9/1/2021 4/160IIb X H,.app.00a _ ., nnn aHH _ a agpBrvOatem o���aP ,o»oFaPEa,.T,aNaa.,a.. Yupm V PNW OOtbbOBe00 aM/2020 9H/2026 4a,°VmQ�0 Ncopo 1°6 weemon�� a�mvrxa eabtlw � ��SOnH 1°rY Jah p�Undargm ntl Coonueclor 3Hrvlces�#20-7800. AtlO�ll nal insured (m Gen iel LI blllly, p 1 a ad Dutory, requlretl by Ills OOO �a°I C°III¢r County EoeM I County COmmlaalonare. Workers Camps tlon polity I9elud¢a Ma IllmB C°v 9 (Janes Acp In Iha amount of $1,CU0, Workers' Compeneallon pulley Includes LanHshvre end Herber Workers' C°mpon ellOn A°I Endoreemenl WC000106A. CERTIFICATE HOLDER CANCELLATION SNOV LD ANY OF THE AEOVE DESCRIHED POLICIES HE CANCELLED BEFORE THE E%PIRATION SOP, NO'rICO WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVIBIONB. Collier County Bgeltl of county CDmmisslDnam Naples FL 34t 12ai1 Eeat Fseyrylve ���' ACORD 26 (291 B/03J TNa ACORO name and log° ar® ro91s<aratl merKa of ACORDu u uurtrurta� m ngnw rcacrvoo. CAO c®�a�- c®,� ��y Pracuremeni Services Division PORM 9 — CONT• LtCT OP tMRRR6T APPIOAVtT The Vendor certiflea that, to [he best of its knowledge antl belief, the past and ourrenl ww'k on any Collier County project off liareA with lM1is selici[xtim, Aoes not pose an organizational confliaf as described by one of rive three categories below: Biwsed ground rules —The Perm has not set the "ground roles" ibr nffilleteA past or carren[ Collier County project idenfified above (e. g., writing a Vrocuramnrt's ataremm,t o{ work, specifications, or performing systnns engineering xntl technical direction for the proca,'ement) which appears ro skew the competition in favor of my firm. ImVaireA objee6vity —The firm has not performetl work o afA lia[etl pmost oe current Collier County project identified above ro eve hate proposals /pas[ perf"ormm,cetof 3lself or a com patitm', which calls into gimstiw, the contractor`s mobility ro rentler impartial advice to the government. U nequwl wecess to hvformatbn —The firm has not Fxd a s to nonpublic information a pert of its performance of a Ceilier County project identified above which may have provided the contractor (or moo moffi late) with en unfair competitive edvmontage in ew'rent or fiamti solioitmotions rood connects. [n addidon te this signed arntleviq tM1e connector /vendor must provitle the following: 1. All documents pmducetl as a result mfihe work completed in the pest or cuncntly being worked on for the above- entionetl projec4 antl, 2. Lttlicmota if the informmo[ion producetl was obtained as n matter of uublic rc ord (in the •'sunshine") or through non- public (not in the "samshine') conversation (s). meeting(s), documents) mood/or other meanx. Failure to disclose roll material or having a orgnnizationel conflict is of [he thine categories above be identified. may result in the disqualification for future solicitatlonx affil etetl witl�lhe above referenced q'oject(s). By the signxturo below, the firm (am ployeas, offlcn's end/or agents) certifies, and hereby discloses, that, ro tM1e best f their knowledge and belief, all relevant facts concerning past, preaenq or-urrenfly planned interest or activity (financial, conu'antuel, organizational, o otherwise) which relates to the ptnJeot itlen[ified above M1as bean fully disclosed and does not pose an organizational conflict. Douglas N Hia s_ I ,c Compmony Nmne signature Print Neme and Title Stare of �j_gJ)i¢en County of was TM1e foregoing instrument was acknowledged before me by roes, of 13 physical presence or O online notarizatioq this �gtlt_ day of April (month), mad (year), byte (name of person acknowlotlginR)' -k�l ,/ lit/(,�e,.__ - (YSrgnaturc of otary Public -State of Fiaada3 Michigan I , _ (Prim, Type, or Stamp Commissioned Nmne oPNotmory Public) Personally Khawi� OR Produced IdentiTication ��' Pe�amna lv.t[ngwP + TyVe of ltlentiflaation Produced OAVID J. WIlK1E �� NCounlY albWasittonnw ' - My Gomm. Lapims ov/20/202J CAO \• �. O YCtl^ �'ULLIVLYi� . ..3 .. _ P Atramant Sarvktea DMalon FORM lO—VENDOR DECLARA'PION S'1'ATGMENT BOARD OP COUNTY COMMISSIONE25 Collier County Government Complex Naples, Florida 34112 Oear COmm isaioners: The undm'signed, as Ventlor declar¢s that this response is made wiH+out connection o rangemen[ with any other' person and this proposal is M every respect fair end matla in good faith, without col luaion or Baud. The Vendor bmvby declares the instructions, Vurehase oNer terms anA conditions, requitvments, avd speciPcations/scope oFwork of this solicitation have been fhlly examined and ecceptui. Tha Vendor agrees, if t6 is solicitation submittal is accepteA, to axocut¢ a Collier Cow+ty document Yor the purpose of eatabiishing x formal contractual rela[ionsldp between [he Fnn antl Collier County, for [he performance of all requifemevta to which the solicitation parmins. The Vendor smtea that the submitted is based upon the documents IisteA by the above referenced Solicitation. Further, the vendor agrees that if awarded n con[rnet fm� these gaotla antl/m� servfces, the vendor will not be eligible to compete, submit a prOposny b¢ awarded, m� perform as n aub- V¢ndol' Por any Purur¢ aasoclated With woof[ that la n rCBYH Of this Awartled contract. IN WITNESS WHSREO F, W E have hareanto subscribed our names on this J gljL day of no � � , 2024 in the County of Washtmtaw n the State o£ydyobigan. Firm's Legal Name: Atltlreas: 9485 Euter Ave City, State, Zip Code: Florida Ceti ificete of Authority Document Number Pederal Tnx ItlentiPcetion Number *CCR # or CAGE Code *Only iF Grant Dundee Telephone Email: Signature by: (Typed nntl ri[Ien) Title: < II A W'Ik' V' • P' 'd CAO Aaamio.ml copra ct r,.ro.,,,aenn sm,u narrn ors ro � m� p�e�nn�ed trdlrr .cnr co.nnanr na,ae osed¢as tares r �„ abo�e> eomaet nnme: n I x- Title. ; ,., Address: '+'+90 P i R 5 A City, Stare, ZIP Telethons: 9 - 5 EmfliL p xCRdnhi omee am�v:eing emue.� cm.nrr to laaee oraes Qnquirea if tliflerent 0v above) Confect name: A�i < 1 1 1 Tide: Address: dJRS Holm' A City, State, Z1P 04 Telephone: n_3[i0 Email: 'k LlTd 1' Secontlary Contact for l es Nelson Su to dent U.is Solicitation: Email: J' N r�Ad 1 "a Phone 239-253-3801 CA(J Co�/.v"air C®-reata�+ Prowrement Services Division RORM31- IMMIGRATION AFRFDAVIT CERTtRICATFON This Affidevii is required antl should be signed, notarized by mx authorizetl principal of the firm and submitted with t anal seiicita<ion submittals. Further, Vendors are regnitod to be em'oped in the E-Veri Fy program, antl P�nvide ceptable evidence of their enrollment, at the time of the submission of [hn Vendors bid. Acceptable ovidence ac fists of a copy of the property completed E-Verify Company Pre file Vag¢ or a copy of the Eully executed E-Verify Memorandum of Understanding £or the company which will be p�nduced vt the time of the submission of the V endm"s bid rn within five (5) day oFthe Counry's Notice of Rerommend Award. RAILU C T CX CUTE THIS FRID V T CC RTIRICATION AND SUBMIT WI" VENDOR'S PROPOSAL/B MAV DCEM THC V NDOR ON -RCS ONSIVE. Collier County will not intentionally award County connncta [o any Ventlm' who knowingly employs unauthorized alien workers, constinrting n violation of the employment provision contained In 8 U.S.C. Section 1329 a(c) Section 294A(e) of the bnmigration and Nationality Act ("INN'). Collier County may consider the employment by any Vcndor of unauthorized aliens a ielntion of Section J.2AA (e) of the INA. Such Violation by [he recipient of the Employment Provislona contained in Section 2�9A (e) of the INA shall be grounds for unilateral tm'mination of the contract by Collier County. Vendor attests that they m'e folly compliant with al I Act and subsequent An+endment(s)) thffi it is Smbnes &498 095. and agrees Lo comply with the p to Vrovide proof of a tnliment in The EmVloyn Oepnrunent of Homeland Secnriry ha partnershi V v the Vender's proposal/bid. Stflfe of nA' Egan County pP W h to the 1986 VerLficetion System (6Va'ify), operated by the �curiry Administration at the time of subntisaion of gl e o Company Name Signature Kelly A. Wilkie. V ice Resident Prin[ Name antl Title The foregoing insn'nment was acknowletlged before a by means of Q(physicnl presence or O online npMrizntioq this J.$tl>_ day of AM (month), 2024 m(Year), by (name of person acknowledging). - c� / G(/e'�� ... < gnauara otarY Publ state of Fgo�rd )Michigan (Print, Type, or Smmp Convnissroned Name oFNotary Public) lxyrsoually Knowif'� OR P�nducad Identi{¢anon -. P�'Isp In Typc oFide tifieation.Pmducetl DAV 10 J. W ILI(tE Coutn�Y oblW slhllenxwn My Comm. Expires 05120/202A CAO ��ar���awarHmm�auwrCanaa reTpePnngeraaA�Remaxwnirna v Mp alotn PDITI A.coune My Company Profile Compony Information Company Nnrna Dangma N. w9Hme. mr_ cornnany lD 369CO2 mplvyvr lBpnt Vloetlon Nmnba. (EIN) 38180]]86 Ol]2221BH bar NAIC9 Caae 29] Bubeentm' Neevy end Clull EnHlnaenng Canebuclwn Employer Category mpwya. cataga.y Nona m mesa petaggrl.e apply EON Empbyer Cetepery Company Addresses pnvawel Aaam.. 3980 Tmula Poln1n Rd. 9ta.q Ann A.bnc MI 9A109 Ma111n8 Adtl.ese Semu es Pnyaloel Aaa.nsa Ealt Cgmpwny Mdd.vaaaa Company Access and MOU My Campanyly Canllgmatl to: Va.ity Its Own Employees Daing Hualnvae Ae (DBA( Nemn n.agmane Dn(a Vnlgm EnVly )tivntl/lar (V fip Tete( Numbs. W Ernplayaae 20 tc 98 Cpnao u<tlnn Hiring Sites z man. .naa .pwna..a.ndlne ® I(agU Mrllkw v cn::1 FORM 13 - BIDOL'RS CHECKLIST fMPORTANT: No bid shall be considered wdess it Is ran<le on n ,altered BiA forma which Pro in NuticA in the Bidding Docummrts. Please rend c reRdly, sign h, the spaces intlicntaU nnA �e,{ t{Illi with your Bid. FAILURE TO PROVIDP.D'FHE RID DOCUMENTS rv1AY BE CROUNOS TO DEEM YOU NON-RESPONSIVEMON- RESPONS[BLE. Bitltler should check o(f each of the following items es the necessary ration is completeA: 1. The Bid has been signea. 2. The Bitl prices offered have been tcviawed. 3. The price axtensiws and rotate have been checked. 4. Bid ScheAule has been completed and enached. 5. Any ,squired drawings, desa�iplivn li[ernnu'e, etc. have bean included. 6. AnY Aelive,Y inf nnntion requircA is included. p. The following on-line s[nndmel documanta hove been reviewed ena accaptes in RidSync: Conrtructlon bitl instructions form b. Conrtroetion services agreement Rn�chvso radar terms and conaltions R. Ail of the F Ilowing bitl forms have been com Vletetl and sim,eA: Bid Form (POlml I) b. Contracrors Key Personnel (Form 2j Mxtariel Mnuufachmers (Form 3j a. List of M jot Subcon[rvcrora (Prn'm A) Statement of Expm�ience (Form 5) f. TS'ench Safety Act (Pwm 6) g. Bid Hond Form (Porn 'J) h. Inaurm,cc and bonding Requirwvents (Porn 8) Conflict of Interest ADIAnvil (Pm'm 9) j. Vendor Oeolnrnticn SM[ament (torn, 10) k. Immigration Law Affidavit Certification (Fwm 11) MUST be signed and xttauhed wish your submittal. I. Signed Oranl Provisims ena Aasurvnces VackaSe in its entirety, If nVPliceble, mo executetl and should b¢ included wia, Your subm innl. 9. Copies of regairad information have bean enached v. Business tax Receipt (Collior Couuty Businesses ONy) b. Company's E-Vm�ify profile page or memoranda,m of untlets[ending Cariificat¢ of Authority ro Consuc[ Business ha State of Florida (sunbiz.mg) d. Any requireA pofassionnl licenses —valid ena cvnant Qnytloridaliaense.com) (ie: Genoral Contraetora license, UnAerground Utility and Excavation, Hvildea�.a, Trade Cmnmerors, etc., as apVlicnblq requested and/or rcquircd) REQUIRED: STATH OP FLORiDA UNDERGROUND UTILITY AND EXCAVATION CONTRACTOR LICENSE (LR STATE OF FLORIDA QHNBRAL CONTRACTORS LICENSH. Vendor W-9 Form 1 O. If regviretl, [ha amount of Bitl bonA has been checkeA, and the Bid bontl or cashier's check Ives been subminad. 11. Any addenda have been signed and ncknowlesgement form nuechetl antl included. 12, 9'he Bitl will be uploaaetl in time to ba receives no later than the speci£ed ouenina data and time, otherwise B,e Bia cannot be eo»alm[ra. cqp ¢ Hnaeil: Tanvor.AdalineQcolliencomuyR.gov c'OL TBY G-.O7A.H'Cy Telephone: (239) 252-8941 Pmcuramonl Setvicos Division A<Ideudum #1 T)nte: April 2, 2024 Frwn: Trevor Adalina, Procurement Sa�ategist To: Interested Bidders Sabj act Addendum #] Solicitation #24-8229 -Palm River Public Utilities Renewal Project - Area 4 The following clarifications/changes are issued as av addendum: Wm�ds r,<wNe-t+ireugH ere deleted; Words ylttl¢r�are added. Change 1. Remove Attachment/Oplond AlMchment ��3idSehedula 23. =ti227 F3_id Sch«ia Ic RI • Removed quantity for item 3.3 as 3.3 i. end 3.3ii. contain the quantities for Plug Valves. Item 33 Plug Valves "--.��L C-'onstrasw.v�ioawA-gavetnaa..�i'=-�2�-� «3i ti�tc�y_Sca_yices A�,rce meet 2024 • New Conshvctien Services Agreement Change 2. lnsurnnce Language Chnnge • Updated Fonn 8 - ❑asnrance and Bonding Rnqu Cements - Langaage • See attached document to this addendum - By submission of the bid Vendm� accepts and nndntstands the insurance requirctnnn[s of these speciFcalions, xl8rccs to manvain lhcsc cov42'3;8S.,�Shroue6 lbe <IurallF)Ilg ['the. a�cnacnt and/e yrovi<1s-euw•ata<goi'k.t•..a-urvini+»aw+a€+;iar-CH}anantlaMfi�otn-dnt'c a�a•.raxal- CAO If you require xdditionxl information, please post a question on our Bid Sync (www-hi<isvne c n�) bidding platform under the solicitntion for Ntis ptroject. Please sign below and return o copy of fhia Addendmn with ,your anhtnittal fm- the above r fer¢nc¢d solicitation. ' ` ��/ Al Y)1.N ./��r /I 6�.c�i t. � (Si8`ua0.u�e). � j Duce CAO ��"�A;CY Gf�N�.� Bmail: Trevor.AdalineQcolliercotantyfl.gov LLT y T¢IcDlvone: C239) 252-8941 Proca:rentonl Sa:vicas �lvislon Addeadnm #2 DwM: April 12, 2024 Frmn: Ttcvor Adsline, Ptrocnrement Strategist To: Interested Bidders SubJ¢ch Addendwn#2 Solicitation#24-822']—Palm River YublicUtilitiesAenewalProject— fu'ea 4 The following cleriIIcations/changes are issued as an addwvdum: Words oxxielFt}>rtuxglx are del¢ted; Words nn �j�ed er¢ added. Change 1. Revised insurvnce and Bonding Requlrementa —Form R • Insurauce regvit'ements elvanged. o Section 6. Other Insurance as Noted: • CrimeAiniplov¢e Uishonc_t A106.00 F_¢r Q�Sayta��.S • See attached revised Insurance and Bonding Requireinents —Form 8 on this addendum. IF you require additional information, please post a question on our Bid Sync (y.+�¢yy,IZj,51sy >c com) bidding platform vnd¢r the solicitatien Por [his pr ject. Please s16n below and return a copy of this Addendaun witL your submit[al for the above ref¢renced solicitation. I j o ��. C� o � � o N W 'a W � 1- -� Q � 0 Q = H � I E .o.� °ia Z C7 p 4=' .� �' o to ll1 �.. � � • Q � � W � d .moo, 0 V" CJf' Q N �_ _ o I N c � 0� � � N �Iy--� Z W � I� �= O "`� LY_ �.. - � '� O w'.. � Q � ems-. W � 1-- � � � = ti. 1-.: - m I:ui R o 0 u' Z V1 - _ C _ � � N � � II.F- c -a_ � 1- t�if � O a � ® � � •4 I Z:I Z d � c �o :W f� y tV N H O�� O': � L M .Q .. 1 u I� .Z � J a � � LL - O oG � � ��.. � —" o ~ N Z > � ¢ � E �LL Z lW'J � � � Si � _ a � :�' ~' � F'-' ? a � t.�-o 'r'-e.., ,,gym,.,"r�. '�� o -. i CAO COLLIER COUNTY BUSINESS TAX EUBINEBS TAX NUMEER: DD0484 COLLIER COUNTY TAX COLLECTOR - 2600 N. HORSESHOE DRIVE - NAPLES FLORIDA 94104 -1239) 262.24TT VISIT OUR WEBBITE AT: www.collleitexcOlfxbdcom THIS RECEIPT EXPIRES SEPTEMBER 30, 2024 LOCAYION: 4485 ENTERPRISE AVE �S�„�; vq�L. DISPLAY AT PLACE OF BUSINESS FOR PU6LIC INSPECTION. 20NED: INDUSTRIAL LIC 1641 v�. �p'L'�✓' � ��Y�. FAILURE TO D09018 CONTRARY TO LOCAL LAWS. BUSINESS PHONE: 7J4-3t30 �@L�..��L h�0st]�_ STATE OR COUNTY LIC N:CG CO60ffi9 XX �, }) lfr Np r tb�Ny_.� ��. $i OOUGLAS N. HIGGIN3,.INC v""��{ �+���,A��f'A.u�h-s�)Fo�` HIGGINS, OANIELN �i"\\\y 4485 ENTERPRISE AVE ' ,_��� � NAPLES. FL 34104 .1,.,. 1-0O EMPLOYEES CUISSIFICATION: O6-GENERAL CONTRACTOR � ��-THISTAXISNON�REFUNDABLE- CLA331FICATION CODE: O6tOOt01 frJJ ��y ���F�F�'� AMOUNT OT�1Ti 8.00 e �4a4ls Og YB��'a��'".,, •��v�" RECEIPT 602-24-OOOB8063 Tlda tlocUment Ia a bUsln ss lau only. Thle le nol cetllllc0lbn Ihel Ilcsn q �j�. y II tloes ncl permll Iha licensee fo Wolele anY pxlalin9 re9Ulatory zonlnO lawa �Ilb 4 �@i��91�.�c�elZiae �OW y10sLG6fNb!'vP/T n0/Eoae It euampl the Ilcenaea from any UtheNexea of permlta Ibsl may be regUlretl by law. CAO ��'��t�� ��"l��r���Z�xc I certify fi�oan the records of this office that DOUGLAS N. HIOGINS INC. is a Michigan corporation authorized to transact business in the State of Florida, qualified on August 1, 1973. The docuanent number of this corporation is 830666. I £urdier certify that said corporation has paid all fees due this office tlu�ough December 31, 2024, that its most recent annual report/uniform business report was filed on Tanuary 8, 2l)24, and that its status is active. I further certify that said corporation has not filed a Cra�tificate of Withdrawal. Glpea render ary lrmrK and the Great Senl aJ tJ ¢Strcte ofFlortr/n rct TnllaAassee, the Crcyttal, this tGe SPS/r>A rinY oJ'Jmuurry 2024 O¢ ��' Qum' __ �_ J•£ b.4� _ — Yam: � . .4'ki.G`i"4'e`173TM}tOf . tafe TendW g Nnmbor: 103094R942CC To untentlen[e tblx ertlacn[a,vixi[ the Pollmvb:g aifo,entm'tbla numbery mW [ben Pollow tim Inatructlona eiapluyetl. btlDs://sorvlcaa.aunbi¢.arg/[+ilings/Cav�tiacnfaOlStn tns/CartincntoAntbeMlenHon Cll!'/®/Rl ��Q1JNA��'S (�®V T�HCj(Dp�$I�V give Form to iba nn aQa®wsaaagi�a®G9 a3a NA ((f0aD�Q �YOQa �mrr�aua���xa®09 1'aQUabtBY. GO n0E oRev. OoVbbl'e/r 20taJ Inlomel Ravonuo 9errevge rY � OD t0 wWW.Im.goo/POYmW9 toY InaTl'gDtionB ontl the IatBat IIITOYmetlan. and 4o thB 1RS. t ama (vahown on yawlneometex Mlurn, nme amqulretl on iM1le Ono, tlo not gave tM1le llna pienh. Dou las N. Hl s Inc. 9a.bea. nema/m..ege.aa emlly name. v mxer«a cam .bore M 9 CM1ec6 app:oprinla ryox fm ta4mal tm[ eleeellloallon of fha percop whose name Ie anlaretl on Ilna 1, Check only one W the 9 EXampibv footles apply only to IellovAnB eeven box¢ v. ¢Halo engaoa, not IntlNkluela: eao InoVuollore on pegs 3): fg Q IntlNlauelhob propbelor or ® COmporatlan �BCa.POMllon (] P®r[nWhlp �TmeVeetele oFg{' ¢Ingle-memhar LLC [] Llmltatl 11nb111y company. EMer Meleat oNaslOcallon(GtiC norpomtlon.8=8 mrpnmtlon, PePaanemM1lp)d Exan:M pV'ee cotle (H any) B Nate: Qeek the eppropNela box In the 11ne above 1m the Ian cleaa11ba11on oNM10 elnBla-nWMbal owner Do not peok LLCI Iftxe LLC I¢alva111orl LLO that le tlbre0ortletl from M1e nwvrunleve rho ownm oHhe LLC le Ertempllan 1mm FATCA mporlln8 ee aeinglo-momber M1er LLO IDet le not diarepertled 4am fha owner far U.S, fetlerM lax pmPc cea. OlM1envlae, a ¢Ingle-membw LLO Nnl rode (II erM meregepea trwntne ewnarenoula checla lM1a agamwl¢ta box rorthe tax Ivemnananarna owner. isa other aeo lnvlrubllone)Y Pprv'.+w sruwamw+a,vewomw4eJ a A.IaMv (numbm, atree\, end apt. or vu la no.) Sm Inabuotbna. Ra queatefe name ontl atltlreav (bpllonoU 3390 Ta-avls PD(nte Rd. Ste. A a cly, atMe, end zlp Dade Ann Arbor Mi 48308 Llnt aocouM number(x) Pero (nprlovy Ta% or INen4iflca4lcn Ntrmbar IN EntoY your TIN In tM1e epproprlate box. Tha TIN proVlUetl must match the name 91Ven on Ilna t to avola Soeylaveurlty number baclmp wltM1boltling. For lnalvlauflls,tMela generally yom aoalel security number (83N). HowaveL Pora rosld nt Ilan, solamr prletor, or dlsregaraad antlty, sa rho InaVuatlons }or Part Lalatac For olM1ar � _m BnFlfles, IC la your ployar ItleMlflcetlOn number (EINA It YoY d0 rot have a numb r, sea How (o gar a iYN later. NON: If tba eaeoum Is In mom tpan o e tba Inatmetlona for Ilne 1. Also ass Wha[ Name and-mployw Itlentlxaat(on mbee NUmba/'ToGlva fha RapuestBr f01'guWallnea cn Wheae nVmbal'to enter. T. Tba number shown on thla form le my norroot t¢xp¢yer Itlantlflaatlon number (or I em waling tar a numbarYo ba lasuad to me); and 2. 1 em not eub)sot to boekup wlthholding beanuea: (e) 1 am exempt from b¢ekup wNM1M1OWIng, ar (b) 1 M1ava not bean tlllaa by [M1a Intarn¢I Revenue Servlca (IRS that 1 pm a W)ect to backup wltM1M1okling ea a result of a tallure to report vI1 lMereet or dlVlaanae, or (o) fha IR3 M1ea notl(letl ma tM1¢t 1 em o longer aulryect to bnokuP wlthM1oltling: vnd 9. 1 am a V.S, cillzan ar other V.9, person (doflned below); ontl 4. TM1a FATCA catla(s) oMered on thls Tarm (If any) Inalaating teat 1 am oxampt from FgT<:A raperling k. comeol. Canlflwtlon htabuetlons. You must erode out Item 2 above Iryou have been notlgetl by lM1e IRe Aar yeu ero owrenty eW)eotto beokup wlthpaltling beceuso au hove felled b repon all Intareet ¢ntl tlNltlenae on youMax ratmn. For reel eatela irnnsnatlatu. Item 2 anea not apply. For mortgage Inlemat p¢Itl, cquleltlon or vbandonmant a( aooured propeny, aenoellatlon of debt, aoMrPoullona to an IntlNltlual raNement errangemaM (IRq), ontl generally, payments plM1Mthen Interest end dlvltlenae, you em not requked to algn Na aertlPlcatlon, but you moat provkle your coneat TlN. Sao fha InatruWlona for Pan 11, leier. Hato I ua. v..00..1N {"lVMi1�✓I .OVI-diltiv�'� pore® 4/5/22 Qa`�fi9iv1'�a a493'RN'611Le$0®0�3 Reagan :bteranowa are [o ma In[nmai Revenue Coae unless atbeM/lae noted. related to FermpW-g end Ira Inst uotloneroaueblea IeBislaton alneetoa a otter they ware pubNebad, go to www.hs.gov/FornaW9. PIHY(DO3O ®1F O=OYM An intllvlaual or antlry (Form W-g requester) who la raqulrea [o the en Infnnnallon reuurn wl[M1 No IRS m fst otrteln you rect taxpayer IdaM111cetlon number (TIN) wbbM1 may bayou octal sa wlty n mbar (SSN). IptlIV Iaual ivxpayar IdaMlflonibn numberrQTIN), vtloptlon tElNa ar ldenglloatlon umbar(ATIN).wemPloWarlpela ttoallon numllar aouM report ble onl m�lnforlmatlon return. Examples of Inbrmatlon retuma Indutla, but vro not Ilmitaa fo, 1M1e following. = Form t098-INT (Interest earned ar paltl) • Form tOgB-DIV (aNldantla, Inoluding thoaa from stooks or muWal tunas) • Form t t199-MISC (varloua types of Incmna, pxzas. awartiv, or gross pm eetls) • Form tD99-B (e[oek or mutual Nod salsa and eartaln other nsneaatlma by brd<ara) Form t099-B (proceeaefrom real estate iransaatlona) • Farm yDee-K (meroM1ant aard ontl tM1lrtl parry network tranaeatbns) Form tD9H Noma mortg¢ga bnereag, tOBe-E (atutlant loan IntareaU. t OB8-T (SUIgoIU e Form tO9B-C (aancelad debt) Form YO88-A (aoqulsltlon or abentlonman[ of esaurea property) all n)a to Provlaa yourlc lore<IctTIN.V.S. Person pnclutlin9ar¢sltlent /lyou oo not ra(um Forvn W�9 to (he requaefar w/(h a T/N, you m/gLt ba subJear ro 6aakup w/[hhc/Wog. Sea WNat la backup wltllholding, /star'. pt No, t929Y% Form gg-M (Rev, tp-2016) CILy oP Napl¢e 22-D295outh Laka Dava Utlllty lmprovamontn-ITB 19 (:P moo _-. F®®rie9w ®eiawcrtes�eent of 7'rasaspoetpti®rn 605 Suwannee Str¢et aA eb W. PersDVE, 0.e. c OvsrsN ors3 Tallahassee, FL 32399-0450 sscrza'rarsv Juiy 28,2023 DOV GLAS N. MI9 GSNR, 3390 TRAMS POIN TE ROAD ANN ARBOR, MIC NIGAN 93108 RE: CE RT282CATID OP QVAL28S GT20N Tha Dapai GmanY oC Tianaportation has quali£iad your aompany for the type oP woiX in tlicx tad C a10w. PAOVRO 9Sp f C DRASNAG E, G IN G, NSNOR DR2 DGNS, R6R MSN OR BRI OGC3, UNOERGROVND VTILSTIE 3. WATER MAIN 3, FORCE MA2NSR,A PVMP $TAT20N$. Unlcae noti Cied otFaa iwisa, th0s CaYClPicaCa oP QvaliPi ca ti on will axpixa 9/90/2029. ordanae with Section 330. 19 (9), Florida Statut¢a, changes to Ability a etor or Maximum Capacity Racing will sot Ca ka aCCa ct unG11 aEtar Ghc a%pi ra tion oC the ouii ant CBiCifica to oP praquallfication (if appll as blc). Sn n o=dazaoa with 9a cGi on 33").19 (1), FS oiida sta Gutas� applies lion fo= quallPication uat ba £11 ad within (9l months of the ending date oP the appllcaht' a audited annual Ci nanc ial s tatam®nte. 2C GFae comps ny'a a saps city has been ra visad� it may ba a satl by logging into the Contractor Praqua11f1caa tion Appl lcaii on Syatam ViH Cho £allowing 11n k: N TTPB://Pdotwol.dot atat�.Pl.ua/Cootxac to=Pxa Ovall Pioation Once logged in, a1eeG ^VSaw" for the m enGly approved application, and then click the "Manage" and "Application 3ummaiy"ota ba¢a Tha aompany may apBly for a Revisal Carti Pi cats of Qualifioa lion at any time prior t0 the expiration dat0 oP tb i9 rGi Pi ca to a aiding to SBct>on 14-22.0091 (31. ESOY1da Adminis trativa Code (F.A.C.), by a aiaig the moat x ntly approval application a shown above and choosing "Vpda te•• in stead ao£ "View." If c rtiPica tion in additional alaesas oP work is desired, documentation ie needed to show that th¢ company M1aa perCormad such work. n11 preq ua llP iad contiacto=a a required by Section 19-22.006(3) F.A.C., to ca itify th®ir rX undazway monthly in ord¢ra to ad3 uat maximum bidding capaaLty Go aoaiiabla bidtling capacity. You can Pind the link to this =apo=t at the wabaita shown above. JT1S /S-lincaral y, oJamas E. Taylor 22, PraquaJ.l£ication Supe2Vlaor Contracts Administration 0£Pic¢ /mprove S sty, Enhance Mob/I/ty, Inspire /nrtovGNon www.fdot,¢oy 1 l pI 1 GPI jCP( EXHIBIT A-3: GONT RACTO R'S KEV PERSONNEL ASSIGNED TO THE PROJECT Name James Nelson Michael Lobello Personnel Cateoory Construction Suparintendant Project Manager iz Conslrucgan Sarvlcea P.greamant [2024_var.1] CAO EXHIBIT B-'1: PV BLIC PAYMENT BOND (Fo//ow/no This Pastel t3 Cans[mctlon Sarvlcas AgreamanC [2024_v®r.l] GPV EXHfBIJ B — 1: PVBLIC PAYMENT BOND Bond No. 35BCSAO4430 Contract No. 24-822'] 1<NOW ALL MEN BY THESE PRESENTS: Thal Douglas N. Higgins, [tic. es Principal/Conlractoq and Hartford Accident and Indemnity Company as Surely, Iota lad at One Hartford Place Hartford. CT O6115 (Business Adtlresa) era held and timely bound to Collier County Board of County Commissionere as OUliga in the aum of Povr Million Pive Hundred Thirty -Eight Thousand Pour Hundred Twenty -Tree Dollars (g 4,538,422.00 1, this Includes allowance for the poyment whereof we Ulntl oureelvas, our heirs, azeculors. personal repmsantativas, succesaora. and asslflns, lolnlly and severally. WHEREAS, Principal has en[vratl Into a contract dated as of the _day of 20_ with Obl{ge fo�l'alm River Public Vt[lidex Renewal Proje<o- Are�yjojecl) Nt accordance with drawings antl spvcifica[ions, which contract is incorporated by reference and matla a part hereof antl is referred to as Na Contract. THE CONDITION OF THIS BOND Is that IT Principal: Promptly makes payment to all claimants as defined 6t Section 255.05(1 ). Florida Statutes, supplying Principal with labor, materials, or supplies. usstl tlirectly or indirectly by Prtncipai in the prosecution of lha work presided (or in Ihv conb'acF, than this bontl Is void; otherwise, It remains in full force. Any changes In or under the Contract antl compliance or noncompliance with any formalities connected with the Contract or the changes tlo not affect sureties' obligation untler this Bontl. Tha proylsions of this bond era subJect [o Iho lime Ilmita[ions of Section 255.0592. In no event will the Surety ba liable in the aggregate to clatmenla for more than the penal sum of [his Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, [ha above parties have ezeculetl 119a instrument this 9th day of eats , 20 24 , lha name of undersigned roprosenlative, purauaN to authority of its 9ovarning body. Roa�_..c.nl Signal, sealetl antl Uelirore[1 In lhr. proesnca of PRINCIPAL/CONT/R�ACTOR: [)O VGLAti N. HIC.GINS, INC. SInSi n�� ✓t- -' [Getty A. WII Vi<e-Presld Names and Tllle STATE OP Flo\id¢ COUNTY OF�olhe� l'he foregaing inalrument was acknowtotlgetl bofore mo by means of R physical proxanna or oMlne notarization. Ihls911\day of lnlr pp024 b K611VA WIIk1 ae Vim -President o{ llouflrs �. �(• ns FI�I(--(--� � Mfdrteun corporation, on behalf of Iho aorporalbn. Flo/Sho to personally known to ma OR has producal ncrson¢tlr known klanlitication alxl diU (<Iil not) lakD an onth. ,,// My Colmnlasicn Expires: l2/02/zOzs--�CIA]]CU �� _ _ _ (Slanature of Notar ( _ 9 mnarn ). Lulwle TAMNtA JO LUDWIO `��6"+ MYCOMMISSIONHHH jaT4>8 (LOgIb1y P[Inletl) ;'� .1 EXPIRES: UowmVor2, 2026 NO[ary PUb110, StatB Of PIO(I((¢ ;, ..` aonnee mm Nolery ruevc VnYenxlloFe Commission No.: H$I r4]6 Authorizal Slgnaluro ----- _____ (Pdntol Namo) (Susinoas Adtlreas) STATE OF _ OOl1NTY OF ' Tha foregoing inalrumanl was acknowladgaU before me by means of _ physical presence or onlino nolarizellw\, this _ doy of zo_ by as . of ' corparatlon, on behalf of the corpnrelion. He/She Ia personally known to ma OR has protlucaU Identification and did (Uitl not) talus an oath. My CommisalDn Ezpirea: (AFFIX OFFICIAL SEAL) CSIflnaWrn of Notary) (LagNly Printed) —�— Notary Public, Slates of L`ommisslon Nc.: _ OR FOWER OF ATTORNEY /N FACT 12ozn_rn..n (`/ Hanrortl Acdaem ana Inaemmly campary �6S Attorney in Fact ig lure (Attach Power of Al `erne Thar¢ae J Fday. ABornay-Ta Facl FL Resltlem ABed Llcensa 1t0-0 8SBB6 (Prinlatl Nama ) Ono liarlfortl Plaza Hanrartl. CT 66189 (Busine6s Atltlreas) STATE OF mlrnlgan COUNTY OF wasNarww The foregoing Instrument was acknowledgatl before me by means of _physical presence or Onllna nOtarizetion. Ihls 91�� (tay Of JWy jp2A by Theresa J Foley aS Allomey-In-Fact O( Henfara ACdaenl nlW lnaemnlly Company a connecucul corporation, on behalf of [ha corporation. He/She is personally Itnown to ma OR has protlucstl Peraonan xnawn itlantificatlon end tlltl (tlitl not) take an oath. My Commission Expires: o6r2pf2osa (AFFIX OFFICIAL SEAL) Name: oavla J. Nnikle (Legibly Printetl) Notary Public. State of mmmgan COmmI55IOn NO.: NIA DAVID J WILKIE NOTARY PUBLIC -STATE OF MICHIOAN COUNTY OF WASHTENAW My Commission Expires May 20, 2g30 Izozn. yar. tl X 1 IC ER OR C BOND !Fo//ow/na Thts Paae) �n cws..ucaon snrvmcd nu�remone I�ozn_vor.tl EXHIBIT B-2• PUBLIC PERFORMANCE BOND Bontl No. 3secswga<a0 Contract No- 24-8227 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. HiARlns Inc. as Principal/Contractor, end Iartford Accident and Indemnity Company as Surely, loca[atl at One Hartford Plaza Hartford. CT 06l IS (business Address) are haltl and firmly bound to Colllar County Board of County Commissioners as Oblige in the sum of Four lvhll[on Five Hmadred 9'hlrty-EIAht Thousand Four Hundred Z' v--Two Dollars ($ 4,538,422.00 1, In accordance Wilh drawings antl spaciTlcatlons, which contract Is Inaorpore[etl by reference and made a part haroof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs fhe Contract at the limes antl in lha manner preacdbed in the Contract; antl 2. Pays Obligee any end all losses, damages, costs. antl aUomeys` foes that Obligee sustains because of any default by Principal untler lha Contract, Including, but not limitotl to, all delay damages, wheth¢r liquidated or actual, Incurred by Obligee; and 3. ParYorma the 9uarantao of all work and materiels furnished untler the Contract for the time sp¢cifiod In the Contract, then this bond is void; otherwise, ii remains in Tull force. Any changers in or untler the Contract and compliance or noneomplience with any formalities connected with the Contract or the changes do not affect SuraBes obliyalicn under this Bontl. The Sorely, for valga recalvatl, hereby stipalales and agrees that no changes, exl¢nslOhs of lime. allerallons or atldi[lons to fhb terms of lha Contract or other work to bb performed hbreuntlar, or lha specifications refbrted to therein shall In anyvdsa affect Its obllgalions under this bond, and I[ does hereby wallo notice of any such changes, exlonslons of lima. alterations or additions to lh¢ terms or the Contract or to work or to the spoclfications. Tltis instrument shall ba construetl In all respects as a common law bond. Il is expressly understood that the time provisions antl statute of Ilmitations untler S¢ctlon 255.05, Florida Statutes, shall not apply to this bond. pt no avant will the Surety be liable in the aggregate to Obllgea for more than the penal sum of this Performance Bontl regardless of the number oT suits that may ba filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 9th day of ittlY 20 24 lha name of each party being aHlxetl, and these presents duly signed by Its untleralgnad representative, pursuant to aulhaAly of Its governing body. Izozn_ o..tl Signed, sealed and delivered in file presence: of, PRINCIPALICONTRACTOR: DOUGLAS N. HIGGINS, INC, Signrture KefiyA. Wilide, Vice-i'resicietlt Na— and Title STATE OF __ ,i�i�I, pW� lorida COUNTY aF �' Collier The foregoing instrument WaS acknowledged before nee by means of K Physical presence or online notarization, this 9(h day of Ally_ 20 24 by KeEI A. ZViikicy as Vice -President of Uot.r -fats N. Ili9g.ins, Inc. is i an a corporation, on behalf of the corporation. HelShe is p4ssonally known to €rie Oft has produced erson,tl_ _ I lu]T{ identification and dirt (dicf not) laic; an oath. MY Commission Expires: 12102/202-i TAMARA JO LUDWIG MY COMMISSION # tiFt 167476 yr QV' EXPIRES:Dmrnter2,2025 Fps F o. Bonded Thai Notary Pah11c Undenttil2rs d Signature (Printed Name STATE OF Michigan COUNTY Wash(enaw ( .Pnature of Notary) 1amarz j. Luclivig (Legibly Printed) - Notary Public, State of Plorida COMMission No.: HH1G-7�I�.7( One LIAlord Plaza__ _ _ Hartford, CT BBIB3 rn (Business Address) The foregoing instrument Was acknowledged before me by means of x physical presence or online notarization, this evi clay of. Jury 20 24 by Theresa J Fo€e as At{orrtey €n i act of Hanford Aco€dent and rndernn y Com{Zany El Canneotic4( corporation, an behalf a the corpr�ration. t felShe is iat�rsonalty krrawn to Me OR has produced Per sona€€y Koowil identification and did (did not) take all oath. -� My Commissiori Expires: Osl2012030 — . C 4 S' nr3ture otary) (AFFIX OFFICIAL SEAL) David J. W ie (Legibly Printed) Notary Public, State of Mich) an Cnmrnission No.: twA DAViD J WILKIE NOTARY PUBLIC - STATE OF MICHIGAN COUNTY OF WASHTENAW My Comrnission Expires May 20, 2030 0111111111 Dlract /nqu/Nos/c/aims fo: THE HARTFORD POKIER OP ATTORNEY Haaao:aa,ca��er�u��a:io'a,da la..nn.m'a 1'.I...,j,.,,.r.„ CHq: 880 Q803408 pl laX: 888-y61-6995 KNOW qLL PERSONS BY THESE PRE8ENT9 THAT: AgvncY Nama: HYCANT OROVP INC/TROY Apn cy Cpda: 35-351508 Q Hartfprd Flra Inawenea Company, v orporn mn dul)� or8o^nee under ahc laws of the Smm ofComweueut © Har[fortl Ceavalga In anon Company. aearpomlian duly orgmaeN under rM1e totes oftlac Steac ol4ndivne © Hertfortl Aepltlent antl Indemnity Company, a comorndun auly orgvnirctl under the Imva ofahv gtprc of Conneclicat Q HartPortl Undarwrltara Insurance Company. a nrpnmunn duly orgunP<ca tmdcr the Imes ofuic Smav pfConneeacw Q Twln CRy Flra Inauranev Company, v rnrpormian duly Organized wader use Iowa of Ilia Slntc ol'iodimtn Q Hartford Imuranee Company of Illlnols, o eomnroaion aluly organimd unaler ike Incas nfMe Stote or llliamis Q Hartford Inauranca Company of the Mltlwast, n arorpomtian duly orgmaima undw Mc laays OIYhe Stnw nl'Indiann [� Harlfoftl Insurance Campeny of the Bduthea6h a comomaon aoly prgvlazed mader doe Iota: nfthe Stutc oaf Ploritla up to fha amount of Vnllmit¢d Susan E. Hurd, Vichi 3, Duncaq Theieaa J. Foley, Nic}aolas R Hylant, Jerini£0Y A. Jaroaz, Oamie Laur¢ncv^11a. Saraya 8. Nair, Kiiatic A. Pudvana Judy K. Wilson, Kathy 8 Zach oP TROY, Michigan Malr ima end IIIW(ul AtlOfRay(e)-In-Fed, aada In lheK sepafata ca9scity g mpfo MBn One is namatl above, M sign iW pama ea eufely(les) only a3 tlellneatatl ebpVa by ®, d to xacula, coal end acknowledge ny antl all bonds, untlerlekings, contracts apd o{haf wRitan IfasVummlt in Ma notate ehamOf, On behalf Of Ihp Compenlea In thetr buelnesa of Buaranlaeing the fltlality pf pmaons, guerenlealryf Ihv portpfmanco of contracts pntl exeouaing Ot guafenta9lnB bonds and untlanakings required or pafmitbd In any eolbna or prpceedings allowed by law. In Witness WhOfBOf, antl v eulhodzad by a Resolution of the Boefd of OKectprs of the Compenles on May 23, 20t6 lha Compenles Rave causatl Ihesa presents Lo 6e signed by {ta Asalslane Vlca Prasitlant epd Ito Corporate eaela to ba hereto afflxatl, tluly attoatetl by Ile Assistant 8eefalary. Further, pursuant to Resolution of the board of Oirectora of IRe Compenles, ebe Compenlea hereby unambiguously afllrm that they afa and will ba 6ountl by any mechanically appllad slgnetufea applied Ip this Power of Allamay. `k �� � ear �..••....,.� a/.�....a—i n' ., 5laelby Wigglna. Asalstanl 8ecfeiary Joelle L. �P10rm. Aaaisaam Vice Preeidenl STATE OF FtORIOA ss. LaKE Mary COUNTY OF SEMINOLE On Ihis 20aM1 tlay of May. 202t. bafola ma persanelry came Joalle LaPlerre. [o me known, who being by ma duly aWom, dltl depose antl Say: eRaf (qha rosltles in Spminple Gwnly. 81a1e o1 Flpadg that (e)Ra Is the Aealatant Vlce Pfealdenl of the Compenles, the wrpomllons dascrlbe0 In antl whlcR ied fRa above Inatrumenb Mat (s)M1e knovas the seals d the anid comorabona: Ma! Iha aeala aMxsd to IRe said Indrumenl am sucR corporals seals: Lfaal they were sa alfixatl by authonty o(Me Zooms of Dlreclona Of said corporollane end that (s)he dgned hlalhe/r�nam� thereto by`/I'lki�`a alut'hor�ityany . HI'I I22200 ' ft Axpirta)une 2p.202f 1, lha undafelgned. Asaistanl Vlca Pl6sldenf Of lbo COmpeNee. DO HEREBY CERTIFY Mat the above antl fpmgoid9 Is a Ifua antl cpfract copy of lha Power of Attomay executed by aeltl Compenlea, whlph to atlll In lull bfca affective ea of July pA 9096 _ Signed and saslad In Laka Mary, Florltla. _ ��- a.�� �:.y. Kallla O. ODZOie. Aaslatanl VICa P(681tlan1 EXHIBIT B-3: INSURANCE REQUIREMENTS (Fo//ow/no Th/s Paoe) 15 Construction Sarvtcas AgraamenC [2024_varA] CPV Collier County Florida Lasura nee and Bondins Requirements barnrenee/Band TYVe Regnired Lhnifa 1. ®Wmicer's Conpo¢nsation Stnndory Limits of Floritln S[nndce, Chayter 940 and all Fetleral Geyemanent StamrorY Limits and Requirements 2. ®Employer`s Liability 3- ®Commmnial Grncral Liability (OCcurren« r-om,> nanen,ea arter me cuu ant ISO fore, 4. ®Intlenmification 5. ®Automobib Liability G. ® Other msm ante es noted: Eyitlence of Wm'ku's' Comnensation coverage or a CcrtiFentc of L-zemptlon issued by the Sfate of Florida is regniretl. Bntilics that are f rnxd ns Sole Proprietorships shall not be required to provide a Vroof of exemption. An npVlicntion for exen,n[ion can be obtained online vt Fu x�l/+ + s Il <I f: a m9x.ccxam, / $_3,000.000 xin8le IinUt V er occunnnce Bodily injury end Property Dnmagc $}>000,000 ingie limit per o , $2,000,000 aggregate For Bodily btjnry LlnbilitY antl Properly Drvnage Liabil iCY� The Gene,a] ASBregnle Limit Shall be endorsed to apP1Y pea' p, jecl. Thin shall include Premises end One+nlions; Independent Contractors; Products and Completed Opwations and Connme[val Liabiliy. To the . extent Ixrmined by Florida law, lha CovlraclorNendor shall defend, inaenmify and bold harmless Collier County, its offlcros and cnryioyees from any and all liabilities, tlmm�ges, losacs and costs, i,cluding, bn[ no[ limited tp, ,able nuorneys' fees m,d patnlegal:' fees, to O,e ez[en[ caused by [l,waegligeuce, ecklesv,ess, or intentionally wroa,gf J contlacl of the Conh'actor/ Vendor or anyone nmVloyed or utilized by th¢ ContractorNandor in the performance of [his Agreement. $_gOOQ000_ Each Occurrence, Bodily I jvuy Bc Property DamaS<, OwnedMan-owned/Hiretl; Aummobile Included ® G1Sme/Employce Diabwaesty $ _I00,000_ Per Ocean'ence United States Longshoreman's m,d Harbo,worka"e Act coverage shall ba n,ainlained whets aPPlicnble [a the completion of Ow wm'k. $ Per Occurrence Maritime Coverage (loots Act) ahnll be maintained wherro applicable to the compictimt of the work. $ Per Occurrence 0 Aircratt Liability c rage shall be carried in limits of not Icss than $5,000,000 eecb occw,once if epnlicable m [he contVle[ion of the Services under this A8�nemm,l. Par OCcu,'t'enca Pollution $ [,000,000 Per Occunence Q Professional Liability $ Per claim ffi. in the aggregare ® IDnba-elln/6xceas Coymmge $ 3,OOg000 Per Oecvncnce O Vnlnnbla Pnnara Insan'nnce $ Per Ocm+rt'mcc (] Cyber Liability $ Per Occurmnce 0 Technology Errors @Omissions $ Per Occurrence GPO p. ®Bitl bond Shall be submitted with proposnl reayonse in the Form of certiH¢A funds, enablers' cheek or an irrevocable le[tnr of e�edit a cash bona yosted with the County Clerk, or proposal bond inn equal l0 5 % of the cost ytnyosal. All checks shall Ue nmdo pnynble to the Colllc'aCounty 6oaid of County Convniasionera o n Unnk or trust ewnpany locatul in she State of Ploritla u,d iuxnred by the Pedeaal Deposit lnsurancc Corpora[im,. 8. ®Pert rmance end For projects in excess of $200,000, Uonds shall Ue submi¢ea wid+ the ¢xocuted Payment Bonds ontrect Uy Propoacra receiving award, and wrium, f r l00^/0 of the Conlm¢l awaN nrt, the cost borne by the Proyoaer receiving a awnrd. The Performance and r�w�,+¢ta H¢naa Whoa be nnaeysden by n surety a.,d,orize<I w do bnaineae h, n,e State of Ploridn and othe�avise a ceytoble to Owner; yravided, however, [ho surety shall Uc rated a ••A--" ar better es to general yolicy hokers rating and Class V o higher rating ass[o financial a eningory and [he amount rcgnired shall not exceed 5% of the reported policy holders' surplus, al] o reported in the n oat cna'rent Hes[ iCey Rating Guide, published by A.M. Heit Con,yany, L,c. oF']5 Pulton Suceq New Vork, New Vork 10038. 9. ® Vendor shall ensure that all subcontractors cenply avith the some insurance ,c<luiren,enta that ha is required ro oat The same Vendor shall y+'ovida County with cerdiicatea of insauance meeting the required insu, ante yrovisions. LO. ® Collier County moat be named ns "ADDITIONAL INSUI2LD" on the fnsau'ance Ccr<i[ice[c for Convneroiel General Liability wbwn regeired. This insm�anca shall be prh+,nry and Wan -contributory with reayecl m any other intainetl by, or nvalluble for the beitef it of, [Ue Addi[ionnl Inew'ed and the Vendor's policy shop ba e�ao�a :,��nrdingly. t 1. ® The Cer<iflw[e Holder shall ben ,nd as Collier County Board of County Conunissionw's, OR, Boatxl of Covnry Commissioners in Collier County, OR Collier County Governmenq OR Collier County. Tho CertiScatea of lusvrance nmat sate the Contract NunrUer, or Project Number, or specific Project description, or moat goad: Fnr nny aavd ell work yerforn,etl on UeLelF of Colliw� County. 12. ® On all certlflcatca, tl,e Certiffwte Holdee most rend: Collior Coamty Board of Commissioners, 3295 Tamiami Trail Hasl, NaVles, FL 34112 / 3. ® Thlrty ($O) Dnys Cmrcellaflon Noticc required. 14. Collier Coamty shall yrocure and nmivfnin Huilde's Risk Insurance on all construction projects where it is deemW ary. Such c mga shall be en<loraed to c w' tlm interests of Collier County as wall as the Conhnc[or. Premiama shall be billed to the yr jeer and the Conrcacmr shall not include Hnlldera Risk yran+luans io its pr jeer proposal or project billings. All 9ucstions regartling Builder's Risk Insurance wi❑ be atltlneaaed UY Ore Collie' County Risk Mssnagement Division. GG — 1/3l24 OO- Revisetl 4/1224 Vendor^a Laurance A¢ceptancc By submission of the bid Vendor acceya and undersanda the inauranca requirements of these specifications, agrees to intein these cuveragns thmngh the duration of the agrewnent and/or work performance Vcriutl, and that the avideme of ioau,ability may be required within Bve (5) drays of notification of reco,nmendetl awmN of this solicitation. GPO EXHIBIT C RELEASE AND AFFIDAVIT FORM /Tamo/ata Form Fo//ow/na Thls Paoa) ie ConslmcOon Sarvlcea AB�eamanC [2024_vac'l///l ( � PO EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF( ) Bafora ma, the undersigned authority, personally appeared who after being duly sworn, deposes antl says: (t) In accortlanca with the Contract Documents and in consideration of $ to ba received, ("Contractor") releases and waives for Itself and its subcontractors, material -men, successors antl assigns, all claims demands, damages, costs and expenses, whether in contract or in tort. against the Board of County Commissioners of Collier County, Florida, relating In any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to .This partial waiver and release is conditional upon payment of [he consitlaraflon describetl above. It Is not effective until said payment Is racelvetl in paid funds. (2) Contrecfor certifies for Itself and Its subcontractors, malarial -men, successors end assigns, that all charges for labor, materials, supplies, lands, licenses and other expanses for which Owner might ba 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 [o Indemnify, defend and save harmless Owner from all demands or suits, actions, claims of Ilona or other charges flied or asserted against the Owner arising out of the partormanca by Contractor of [ha Work covered by this Release and Affitlavit. (4) This Ralaase and Affidavit Is given In connection with Contractor's [monthly/final] Application for Paymani No Contractor's Signature Name and Title STATE OF _ COUNTY OF Tha foregoing instrument was acknowledged before me by means of _physical presence or _online notarize[lon, this _day of 20_ by as of a corporation, on behalf of [he corporaton. He/She is personally known to ma OR has protlucod Identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL. SEAL) (Legibly Printed) Notary Public, S[ata of Commission No.: CAO (202;_ver. exrl]a]T o-� CONTRACTOR APPLICATION FOR PAYMENT FORM (Tama/a[e Form Followlna Th/s Paae) iv ConstrucNan SBrvIBBa HgraamanC [2024_var.l] GAG FJCHIBIr D-� FORM OF CONTRACT APPLICATION FOR PAYMENT Co//tar Coun! Board Of Count Commfsa/onars the OWNER or Col/iar Count Water -Bawer Owner's Protect Mane er's Name: Bitl No. Pro act No. Count 's Division Names Purchase Order No. Submitted by Contractor Re resantalive: Names Applicatlon Data: Contractor's Names 8 Address: Payment Application No. Od final Contract Times: Ori Inal Con[rack Prlca: Revised Contract Times: Total Chen a Orders [o Data: Revised Contract Amount: $ Total Values of Work Comple[atl 8. Stored to Deta: $ Retalnage Cg35% through [Insert Data] $ Retalnage � 5% through [Insert data] $ Rataina9e � % after Insert date $ Less Retalnage $ Total Eernatl Lass Rataina e $ Lases ravious a mant s Parcant Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Parcant Contract Times Com latad to Data: % Liquidated Damages to Ba Accrued $ Remaining Contract Balance $ ATTACH BCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies [het: ('I) all previous progress payments received from OWNER on account of Work done under [ha Con[rac[ referratl to above have bean applied to discharge in full all obligations of CONTRACTOR ncurred In connection with Work covered by prior Applications for Payment numbered 1 through Inclusive' (2) title [o all materials and equipment Incorporated in said Work or otherwise listed in or covered by ibis Applicatlon for Payment will pass to OWNER at time of payment free and clear of all Ilens, claims, security interests antl encumbrances (except such as wvarad by Bond acceptable to OWNER); (S) all amounts have bean paid for work which previous payments ware issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Applicatlon for Paymani 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 antl in advance of such Work. Contractor's Names contractor's SI nature: Data: Type Tltla: She// be s/goad by an eothodzed re resanlat/va of the contractor. Pa ment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION la recommended 4 Oast n Profasstonal's Neme: SI nature: Data' Pa mant <o [ha CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is racammandad b Owner's Pro act Manes ar Names: si natera: Data: Izoza_vart7 cAQI EXHIBIT D-2 SCHEDULE OF VALUES (Temo/ata Form Fo/lowlno Thls Paae) to co�aw�no� services egreevo�c [zoza_var.i CPS �� �$ y ��� X�� �� �� ���� �� �� �� �w a� t= EXHIBIT D-3 STORED MATERIALS /Temo/ate Form Fo//owlnn Th/s Paoel to eorewmio� sa�.n�s o.eraemene Izoza_�eci] GPI 'o o_ sN <_ �o w— �o �w �� �w o� �� a o ?.. o z � a � 0 c 0 a EXHIBIT U-4 CASH FLOW PROJECTION (T®mn/eta Form Fo//ow/nn Th/s Paoa) zo conso-��[o.. services norear,.am: [zoza_va.. it Gt` � 0 E 0 d 3 0 x 9 c m_ x a S 0 e � "ss O E � 2 v E � ,. o 0 0 H_ z tl ��� EXHIBIT E-'1: CHANGE ORDER (Temp/ate Form Fo//ow/np Th/s Paoel 21 ) Cansbucgon S®rvlres Agreem¢nt [2024_ve%If—\ ' GPI CoI%rer Couvfty Procurement Services Change Order Form ConbacHR CO# PO# ProJac[ #: Project Nama: Contractor/Conaultanl Nama: Salact Ona: � Centrac[ Motllflcation (Conatrucflon or Project Spaclflc) O work Order Modification Protect Manager Nama: Division Nama: Original Con<racVWork Order Amount Original BCC Approval Data; Agentla I[am # Current BCC Approvetl Amount Last BCC Appreval Data; Agantla Item # Currant Contract/yl/ork Ober Amount SAP Contract Expiration Data (MASTER) Dollar Amount of this Change o.OP% Total 9e Change from Orl9inal Amount Ravlsatl Contraet/Work Order Total go.oP o.00x % ChenOa from Currant BCC Approvetl Amount Total Cumulative ChenOes SP.po p.00x %Change Trom Curren<Amount NOtica to Proca¢tl Data # oT Days Addatl # Of DeYa TP � Ravisatl Final Oata (includes this change) GOMIPiat Oln Data � APProivatl Data Currant Su ba[antlal Completion Data � O(aPPlicable) � Provide raspansas after each question In box below (Responses should ba brief antl s ecufc). Attach edtlltlonal Information and/or tlacumantatlon tram the Design Professional and/or Contractor. If needed. Ith your submission of this Change Order and complete summary on next page. Chock all that apply to Shia Changg� Orclar raquaatW� Atltl Tlme; � Adtl funda; 0 Usa of Allowance; 0 Motlify/Delete axis[Ing Task(c); O Atltl new Task(s); u Reallocate funds; � Other (must ba axplainatl In detail below) �.) Detail of change/s to be made through this Change Order. 2.) If this Change Order is currently under a Stop Work, please identify the date issued and number of days ramai Wing or "N/A" If not applicable. 3.) Explain why this change was not included in the original contract/Work Order. 4.) Describe the impact if this change is not processed. Page 1 of 4 Change Ortlar Form (2024_v r.t) C`� CoZCer Coutaty Procurement Services Change Order Form Contract# DO# PO# ProJact#: ProJact Nama: Contractor/Gonaulfant Nama: Change Order/Amendment Summary (If atltli[lonal spaces naetlatl, aftachatl a separate Summary page to this amantlmanl request) CO# AMD# OsacMption COST TIME Juatlfleatlon Atltlltiva Deductive Days Atltlatl Tolal Naw Tima O Check here If atltli[bnal summary page/s era a[tachetl W thla Changes Ortlar Pages 2 of 4 OhanOa Ortlsr Form (2023_var. t) p,0 Coker Courity Procurement Services Changes Order Form Contract# CON PO# Prpject #: PruJact Names: Contractor/Consultant Names: Acceptance of ihls Chang¢ Order she// const/tvt¢ a mod/f/catlon to contract/ worK order /dent/f/ad above and w/// ba subJect [o a// the same [arms and eondl[/ona as contained /n [ha eoniract/worn order /ndlea tad above, as tu//y as /f the same ware stated /n this accep [ante. Tha adJustmant, /f any, to the Contract steal/ constitute a full and floe/ sat[/arrant of any antl a// c/alms of [ha Contractor/ Vendor/Consultant / Das/gn Profess/one/ ads/ng out of or re/a tad to [tees change sat /orfh hare/n, /ncluding c/e/ms for /mpact and daisy costs. Contracto NConsv/lanUOeslgn Professions/ signature ba/ow must 6e from an author/zed parson/off/ceNdfrector of the Company or //stall as the quallf/¢d //tensed Profass/ona/ "ProJac[ Coord/nator" or Oasign/Engineer Pro fass/ona/ under the agreement S/gnature author/ty of parson sJgnfnH wU/ ba var/fled through the contract O$through the F/or/des O¢parlment of Sfate, O/v/s/on of Corporat/one (Sunblz) wabslta ( m flor/da.com sunb/z saarc /f the parson s/gning is not Ilstad, wa w/// raqu/re signature author/[y by one of the listed oK/cars/d/rectors of the company glv/ng the[ parson signature authority. P raparetl by: Date: $IgnelVfB-DiviBbn ProjaCt MandgBr Printetl Nema Accepter by: Data' Signature- OaslOnfEnginaar Professional (if appllcablaJ PNntar Nama/TI[le/Company Names Accepted by: pale: Signature- Contractor/ConsultantNandor Printed Namefrl[la/ Company Name Approved by: Data: Signature -Division Manager or Designee (Op[/one/i Printed Names Approvatl by: Data: Signature -Division Director or Dealgnee. (Optional) Printed Names Approvatl by: Data: Sl9natura-Dlvisian Adminlatrator ar Davignee (Opt/one/) Prnted Names Page 3 of 4 � Chan9a Order Form (2024_var.t) I _i JCS co�,- co,.,,�zy Procurement Services Change Order Form contraptt/ co# Po# Pro/apt#: Protect Nama: Contractor/Cpnaultant Nema: FY_ CNO Raquast# Approved by: Signature -Procurement Professional Signature/Data Approvetl by: Signature -Procurement Manager/Director (OPT/ONAL) APPROVAL TYPE: � Atlminlstrative O Atlminlstrativa-BCC Report � 6CC Stantl-Alone ES (BCC Approval Raqulretl) BCC APPROVAL ATTEST: Crystal K. Kinzal, Clerk of the Circuit Court BOARD OF COUNTY COMMISSIONERS antl Comptroller COLLIER COUNTY, FLORIDA 77 Dated: (SEAL) By. Chairman Data: Agantla # Approved as to Form antl Legality: Deputy County Attorney Page 4 of 4 Cbenga Order Form (2024_vant) Gp,O EXHIBIT E-2- WORK DIRECTIVE FORM /T¢mn/ate Form Fo//owino This Pade) zz co�snr�uio� sarvmea ngrea.++a c [zoza_� rnl � Gr_ EXHIBIT E-2 WORK DIRECTIVE CHANGE PROJECT NAME: CIIANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commiasionera PROJECT#: CONTRACTOR: ENGINEER: You are dh�ected to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments IF a claim is made that the about changes) have affected Contract amount or Contract Times any claim for a Change Ordex based thereon will involve one or more of the following methods of determining the effect o£the changes(s). Method of de[ennining change in Contract amount: Method of determining change in Contract Times: 0 Vnit Prices 0 CONTRACTOR's records Lump Sum 0 Engineer's record � Other 0 Other A no[ -to -exceed itemized estimated increase Bstimated change in Contract Time: (decrease) in Contract amount: $ Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: BY: BY: Engineer/Design Professional Owner's Represento[ive GI'O izoza_oe..q EXHIBIT F-'I CERTIFICATE OF SUBSTANTIAL COMPLETION FORM (Temolafe Form Fo//ow/no Thls Pane) 23 Consbucllon Sarvla¢e A9raeman�: [2024_v� Gin EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. Design Professional Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final com pl etlon applies to all Work under the Contract documents. The warranty In Exhibit G-2 is attached to and made a part of this Certificate. To OWNER And To 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 ba finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION CL� Izozq_.rorn] Intentionally left blank Executed by Oesign Professional on 20 Signature of Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Substantial on this 20_ Signature of Contractor Type Name and Titles OWNER accepts this Certificate of Final Substantial on this 20 Signature of Owner Types Name and Title GPG [2029_vacl] EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION FORM (Temn/ate Form Fo//owino Thls Pana) ca�se.�am� sawmea nsrea�,.am: Izoza �.dyj OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION Design Professional Project No. This Certificate of Final completion applies to all Work under the Contract docu mants. The warranty in Exhibit G-2 is attached to antl made a part of this Certificate. To And To Tha 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 ba finally com pieta in accordance with the contract docu mants on: DATE OF FINAL COMPLETION GAO [202a_ver.l] Intentionally left blank Executed by Design Professional on 20 Slgnatura oT Ueslgn Professional Typa Nama and Title CONTRACTOR accepts this Certificate of Final Substantial on Yhis 20_ S lgnature of Contractor Type Nama and Title OWNER accepts this Certificate of Final Substantial on this 20 Signature of Owner Type Name and Title GAO [2024_ver.tl EXHIBIT F-3 PUNCH LIST FORM (Temo/ata Form Fol/owlno Thls Paoal zs COnetrucOon SarvIC08 MgreamanC [2024_vBr.'Ij c� EXHIBIT F-3 PUNCH LIST FORM Item Descrlp[lon Value Oomplation Dale Da[etl Approvetl Na. by Ownar Subtotal x'150% cn<� Izoza_vectl _ EXHIBIT G-1 FINAL PAYMENT CHECKLIST (Tamo/a to Form Fo/Iow/no Thts Paas) 26 COrmtrucllon SBNIce9 H9roamanT. [2024_ P� Bid No.: Contractor: EXHIBIT G-'1: FINAL PAYMENT CHECKLIST Project No.: 13i� Data: The following Items have bean secured by [ha for the Project known as and have been reviewed end found [o comply with the requirements of [he Contract Documents. Original Contract Amount: Commencement Data: Flnel Contract Amount: Substantial Completion Time as sat forth In the Agreement: Calendar Days. Actual Data of Substantial Completion: Final Completicn Tlma as sat forth in the AgreemenT Calendar Days. Actual Final Completion Date: YES NO Q � t. All Punch List Items completed on �_ r1 2. Warranties and Guarantees assigned fo Owner (attach to this form). 3. Effective date of General one year warranty from Contractor Is: 0 0 4. 2 copies of Operation and Malntananca manuals for aquipmant and 0 system submitted (list manuals in attachment to this form). � 5. As -Bull[ drawings obtained and dated: Q 6. Owner personnel trainatl on system and aquipmant operagon. T. Certificate of Occupancy No.: � issued on (attach to this form). � �_ 8. Certificate of Subs[entlal Completion Issued on 9. Final Peymant Application and Affidavits raceivetl from Contractor on: 0 0 'I O. Consent of Surety received on Department notified Project Is In operating phase. f f. Operating personnel Q 12. All Spare Parta or Special Tools provided to Owner: 0 � f 3. Finished Floor Elevation Certificate provided to Owner: 0 �_ '14. Other: If any of the above is not applicable, Indicate by N/A. If NO Is checked for any of the above, attach axplena[lon. Acknowledgments: Executed by Design Professional or Signature of Dealgn Profesalonal Executed by Contractor on S19nature of Contractor Executed by Owner on Signature of Owner 20 20 Types Names and Title ,20 Types Name and Title Types Name and Titles GP-O Izoza_varn] fTema/a[e Form Fo!/owlnn Thls Pace) 2� ConBbUCllnn Sarvlcas A9/eeT¢nt [2029_ l.11_ GP`J EXHIBIT G-2 WARRANTY In consideration of tan dollars, ($'10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Names: Date of Substantial Completion: Names and Atld ress of CONTRACTOR: CONTRACTOR warrants and guarantees the work pertormed pursuant to the contract shall be free of all defects of materials and workmanship fora period of one year from the DATE OF SUBSTANTIAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective worK upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work pertormad under the contract and does not constitute a waiver of any rights provided pursuant to F/orlda Stafutes, Chapter 95, at seq. CONTRACTOR: WITNESS: Name Printed antl Title Name Prinfad t=�0 [2o24_var.t] EXHIBIT H: GEN ERAL TERMS AND CONDITIONS INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to ba constructed In accordance with the Contract Documents. Any work, materials or equipment that may reasonably ba Inferred from the Contract Documents as being required to p roduca the intended result shall ba supplied whether or not specifically called for. When words which have a wall -known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted In accordance w(th that meaning. Reference to standard specifications, manuals or codes of any technical society, organization, or association or to the laws or regulations of any govern mental authority having Jurisdiction over the ProJact, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is pertormad, except as may ba otherwise specifically stated herein. 1.2 If before or during the partormanca of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shell 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 Protect Manager; said interpretation or clarification from the Project Manager may require Contractor to consult tlirectly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions end shall carefully compare such field measurements end 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 extant of Work and era not Intended to serve as shop drawings. Specifications era separated into divisions for convenience of reference only and shall not ba interpreted as establishing divisions for the Work, trades, subcontracts, or extant 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 ProJecl Manager. Unless otherwise specifically mentioned, all anchors, bolts, straws, 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 VTI CITIES. 2.1 SubJact 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 antl 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 surtaca conditions; nature and quantity of the surface materials to ba encountered; subsurface conditions; equipment and facilities Headed preliminary to and during partormanca 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 pertorm under the Contract Documents, nor shall it ba considered the basis for any claim for additional lima or compensation. ze COna[rUctlon ServiCee Agreement [2029_var.11 ( r�PC1 2.2 Contractor shall locate all existing roadways, rallways. drainage facilities and utility services above, upon, or under the Protect site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utf litlea during the construction of the ProJact. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall ba responsible for properly shoring, supporting, and protecting all Utilities at ail times during the course of the Work. Tha Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to ba coortlinated by the Owner as may be expressly tlascribad elsewhere in the Contract Documents). 2.3 Notwithstanding anything In the Contract Documents to the contrary, If conditions era encountered at the Project site which era (i) su bsurtaca or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (II) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction ac[Ivitias 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 slte Investigative services required pursuant [o the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions era 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 raqulred for, pertormanca of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for pertormanca, or both, for such Work. If Owner determines that the conditions at the site era 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 datarmination by Owner must ba made within seven (7) calendar days after Contractor's receipt of Owner's written det¢rmination notice. If Owner and Contractor cannot agree on an adjustment to Contractors cost or time of partormanca, the dispute resolution procadur¢ sat forth In the Contract Docu mants shall ba compli¢d with by the parties. 3. SCHEDULE. 3.'I Tha Contractor, within ten (70) calendar days after the Board's award of the Agreement, 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 Tlma. The Progress Schedule shall Indicate the dates for starting and completing the various stages of the Work. 3.2 Tha Progress Schedule shall ba updated monthly by the Contractor. All monthly updates to the Progress Schedule shall ba subject to the Projac[ Manager's ravlew and approval. Contractor shall submit the updates to the Progress Schedule with Its monthly Applications for Payment noted below. Tha Project Manager's review and approval of the submitted Progress Schedule updates shall ba a condition pracatlent to the Owner's obligation to pay Contractor. 3.3 Ail work under this Agreement shall ba performed In accordance with the requirements of all Collier County Noises Ordinances th¢n in effect. Unless otherwise specified, work will generally ba zs COrstmctlon 30NIC09 AgraaTenl: [2024_wc1] GAS limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall ba pertormed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 At least ten (1 O) days prior to submitting the monthly Application for Payment, the Contractor shall submit to the Project Manager a final schedule of values and "cash flow projection" that establishes the projected data for the construction/Installation for all activities of the Work shown on the accepted schedule, Including quantities and unit prices totaling to the Contract Price. The Schedule of Values shall 6a satisfactory in form and substance to th¢ Project Manager and shall subdivide the Work Into component parts In sufficient detail to serve as the basis for measuring q uantitlas In place antl calculating amounts for the Contractor's monthly progress payments during construction. Further, it shall Include th¢ list of its Subcontractors and materialman submitted with its Bid showing the work and materials involved and [ha dollar amount of each subcontract and purchase order. Contractor acknowledges and agr¢as that any modifications to the Ilst of Subcontractors submitted with Contractor's Bid and any subs¢quently identified Subcontractors are subject to Owner's prior written approval. Unsupported or unreasonable allocation of the Contract Price to any one activity shall ba justification far rejection of the Schedule of Values. The Contractor shall not submit an unbalanced schedule of values which provides for overpayment to the Contractor on activities that would ba performed first. Tha schedule of values shall be revised and resubmitted until acceptable to the Project Manager. Once the schedule has bean accepted by the Project Manager, the Owner reserves the right (at its option) throughout the Contract to require that the Contractor honor a particular price contained in the schedule of values, if the activity pertaining to It is being deleted or modified. Upon approval of the schedule of values by the Project Manager, it shall ba incorporated Into the form of Application for Payment attached to the Agreement as Exhibit D and shall be used as the basis for the Contractor's monthly Applications for Payment. The Schadula 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. 4.2 The first Application for Payment shall ba submitted no earlier than thirty (30) days aft¢r the Comm¢n cement Data, and monthly thereafter, but not more often than once a month or prior to substantial completion being met. 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 kha 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 bean 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 agreed to by the Owner in writing. the Application for Payment shall also be accompanied by a bill of sale, Invoice or other documantatlon warranting that the Owner has received the materials and equipment free and clear of all Ifens, charges, security Into rests and encumbrances, together with avid¢nc¢ that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owners 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 form attached hereto and made a part hereof as Exhibit D-3. 30 co�avueuoe sarVmea osreemeer. [2o2a_ver.� OPO 4.4 Tha cash flow projection shall ba a fixed monthly projection of the value of Work In place. If the actual cash flow (represented by the Application for Payment) For any month Is lass Shan alghty- fiva percent (85 %) of the projected amount for that month (as established by the Contractor in [ha cash flow projection form It submits), then the Contractor may be barred from bidding other County projects until the value of Work In place is corr¢ctad and within ninety-five (95 %) of the projected value. (Sae attached Exhibit D-4, Gash Flow Projection farm). 4.5 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). Within twenty (20) business days after the data of each Application for Payment Is stamped as received, and within the timaframas set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment. stating in writing its reasons therefor' or (3) return the Application for Payment to the Contractor indicating, In writing, the reason for refusing to approve payment. Payments of proper invoices shall ba proc¢ssed in accordance with Section 218.735, F.S. and the farms of the Contract Documents. 4.6 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 nacassary corrections and re -submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.7 Owner shall withhold ratalnaga on the gross amount of each monthly progress payment in the amount of five percent (5% ), as permitted by Section 255.078, Florida Statutes. Tha foregoing does not prohibit Owner from withholding rafainage at a rate lass than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in ratalnaga below the maximum amount sat forth in Section 255.078, Florida Statutes shall ba at the sole discretion of the Owner. Such rota lnage shall ba accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner In accordance with Florida Statutes 255.078. Any Interest earned on ratalnaga shall accrue to the benefit of the Owner. 4.8 Monthly payments to Contractor shall in no way imply approval or accaptanca of Contractor's Work. 4.9 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, In the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that era than due and payable by Owner with respect to the current Application for Payment. Further, to the extant directed by Owner and in Owner's sole discretion, Contractor shall also submit a Raleasa 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 Lhasa affidavits are furnished by Contractor. 4.1 O Contractor agrees and understands that funding limitations exist and that the expenditure of funds must ba spread over the duration of the Project at regular Intervals based on the Contract Amount and Progr¢ss Schedule. Accordingly, prior to submitting Its first monthly Application for Payment, Contractor shall prepare and submit for Protect Manager's review and approval, a detailed Cash Flow Projection, which shall be updated as nacassary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Times. No voluntary acceleration or early 3t Gonslrucrion SBrvieea ABreaman]: [2024_var.t] GPI complatlon of the Work shall modify the tim¢ of payments to Contractor as sat forth in Exhibit D-4, Cash Flow Projection. 4.'I'I Notwithstanding anything in the Contract Ddcuments to the contrary, Contractor acknowledges and agrees that to the avant oT a dispute concerning payments for Work performed under this Agreement. Contractor shall continue [o partorm th¢ Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute era due and payable. 4.12 Payments will ba made for services furnished, delivered, and accepted, upon receipt and approval of Invoices submitted on the data of services or within six (6) months after complatlon of contract. Any untimely submission of invoices beyond th¢ specified deadline p¢riod is subject to non- payment under the legal doctrin¢ of "lathes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of Invoices under this ag reament. 4.'13 Tha Owner 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. Tha Owner may not accept any additional surcharges (credit card transaction fees) as a result of using the Owner's credit card for transactions relating tc this agreement. 5. PAYMENTS WITHHELD. 5.'I Tha Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsaq uanlly discovered evidence or subsequent inspacticns that reveal non- compllanca with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously Issued and Owner may with Hold any payments otherwise due Contractor under this Agra¢m¢nt or any other agreement between Owner and Contractor, to such extant as may ba 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) failu ra of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can ba completed for the unpaid balance of the Contract Amount; (a) reasonable indication that kha 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.'I. era not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the avant of en emergency, Owner shall not ba required to provide Contractor any written notice prior to rectifying the situation at Contractor's axpans¢. 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 Contractor may owe debts (including, but not limited to texas or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy [base tlabts, the County reserves the right ko off -sat the amount owed to the County by applying the amount owed to the vendor or contractor for services partormad 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 32 Construction SBrviCas Agra¢mant [2024_varAl GP� 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. 6.7 Owner shall make Final Payment to Contractor in accordance with Section 278.735, F.S. and the [arms of the Contract Documents after the Work is finally Inspected and accepted by Project Manager as sat forth with Section 20.7 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 Raleasa and Affidavit form 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 ba 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 Acceptance and 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 othanvise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to ba 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 ProJact Manager at the time of final inspection. SUBMITTALS AND SV BSTITUTIONS. 7.7 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to ba submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at Its own expanse and in such form as required by the Contract Documents in sufficient Lima to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the 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. Vnlass the Hama 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 [he Owner to determine that the material or equipment proposed Is equivalent or equal to that Hamad. Requests for review of substitute items of material and equipment will not ba axepted by Owner from anyone other than Contractor and all such raquesta must ba submitted by Contractor to ProJact Manager within thirty (30) calendar days after Notice to Proceed 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 eq ulpment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately pertorm the functions and achieve the results celled for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specifed. 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 33 Conslruclicn Services Agrecmant 12024_ver.'1] cno O 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 Ilcanse fee or royalty. All variations of the proposed substitute from that specified will ba identified In the application and available maintenance, repair and replacement service shall be Indicated. Tha application also shall contain an itemized estimate of ail 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 ba considered by the Protect Manager in evaluating the proposed substifuta. Tha Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a spaclflc means, method, tachniqua, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substifuta means, method, sequanca, technique or procedure of construction acceptable to the Project Manager, If Contractor submits sufficient information to allow lha Protect Manager to determine that the substifuta proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall ba the same as those provided herein for substifuta materials and aqulpmant. 7.5 Tha Protect Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, If Head be, to consult with the Design Professional. No substitute will ba ordered, Installed or utllizad without the Project Manager's prior written acceptance which shall ba 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 expanse a special pertormance guarantee or other surety with respect to any substitute. Tha Protect 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 raimbursa Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILV REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 V nless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weakly basis a daily iog of the Contractor's work for the preceding weak in a format approved by [ha Protect Manager. The daily log shall document all activities of Contractor at the Protect site including. but not Iim lted to, the following: 8.9.'1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Protect site, and any other weather conditions which adversely affect the Work; S. f .2 Soll conditions which adversely affect the Work; 8.'I .3 Tha hours of operation by Contractor's and Sub -Contractor's personnel; B.'1.4 Tha number of Contractor's and Sub -Contractors personnel present and working at the Project site, by subcontract and trade; 8.'I .5 All equipment present at the Project site, description of equipment use and dasignatfon of time equipment was used (specifically Indicating any down time); 34 Cona[r�cllon earvlcea Agreemanl: [2024_var.t] GPU 8.1 .6 D¢scription of Work being partormad at the Project site; 8.1.7 Any unusual or spacial occurrences at the Protect site; 8.1.8 Materials received at the Project site; B.'1.9 A list of all visitors (o the ProJact 8.1 .1 O Any problems that might Impact either the cost or quality of the Work or the time of partormance. Tha Bally 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 th¢ Project site one record copy of the Contract Documents, including, but not lim itad to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written Interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. Tha annotated drawings snail ba continuously updat¢d by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that ere 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 burled and concealed Items, both Inside and outside the Project site, shall ba accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (a.g. interior or exterior wall faces). Tha annotated drawings shall ba 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, tog¢ther with all approved samples and a counterpart of all approved shop drawings shall be avallabla to the Project Manager or Design Professional for reference. Upon com elation of the Work and as a condition prac¢dent to Contractor's antitl¢ment to final paym¢nt, these "As -Built" raco rd documents, samples and shop drawings shall ba daliv¢rad to ProJact M anag¢r by Contractor for Owner. 8.3 Contractor shall keep all records and supporting docu mantation, which concern or relate to the Work harau ndar for a minimum of five (5) years from th¢ date of termination of this Agreement or the data the Project is completed, or such longer period es may be required by lew, whichever Is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.070'I (2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1'19, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTV TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamlaml Trail East, Suites '102 Naples, FL 347'12-5746 T¢laphone: (239) 252-B999 Email: Public Raeord Rea uest�colliareountvfl.00v 35 COn9lruetlon Services AgreOTBnt: [2029_wrA] GPI Tha Contractor must specifically comply with the Florida Public Records Law to: �. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to ba Inspected or copied within a reasonable lima at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements era 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 partorm 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 era 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 meat all applicable requirements for retaining public racortls. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that Is compatible with the information tachnologY systems of the public aganey. 9. CONTRACT TIME AND TIME EXTENSIONS. 9. f Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materi alman, as well as coordinating its Work with all work of others at the Project Sita, 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 ba 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 fha Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or ba deemed to have waived any right which Contractor may have had to raq uast a time extension. 9.3 No interruption, Intarterence, inafficlency, 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 tlamagas 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 [ha right to seek an extension to the Contract Tima; 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 wall as to claims based on late completion. 36 constmnuon sa..,ic� ngraement: Izoza_v r.t] CAS 9.4 In no event shall any approval by Owner authorizin9 Contractor to continua 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. CHANGE3 IN THE WORK. 'I O.f Owner shall have the right at any time during the progress of the Work to Increase or decrease the Work. Promptly attar 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 in the form of a Work Oiractiva, Exhibit E-2, 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 ba responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (11) an admission by Contractor that such items are in fact not a change but rather era part of the Work required of Contractor hereunder. f 0.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall ba issued antl executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly partorm changes authorized by duly executed Change O rdars. Tha Contract Amount and Contract Tima shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. i 0.3 If Owner and Contractor era unable to a9rea on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Olractive. In that event, the Contract Amount and Contract Tima shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section '1 'I of these Ganaral Conditions or else ba deemed to have waived any claim on this matter it might otherwise have had. 70.4 In the ¢vent 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 tan percent (10%) markup for all overhead and profit. In the event such change Work Is partormed by a Subcontractor, a maximum tan percent ('10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall ba 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 ba placed on sales tax, shipping or subcontractor markup. 'I O.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor s costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment tc the Contract Amount or an extension to the Contract Time and not inconsistent with 37 conanucnon services Agraamanl [zaza_vcr.it GPO the Infant of the Contract Documonts. Such changes may be affected by Field Order or by other written order. Such changes shall ba binding on the Contractor. 10.7 Any modifications to this Contract shall ba in compliance with the Gounty Procurement Ordinance, as amended and the terms of the Contract Documents in effect at the time such modifications era authorized. 11. CLAIMS AND DISPUTES 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or inlarpretation of the terms of the Contract Documents, payment of money, extension of lima 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 Documonts. The responsibility to substantiate a Claim shall rest with the pally making the Claim. 11.2 Claims by the Contractor shall ba made In writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the avant giving rise to such Claim or else the Contractor shall ba deemed to have waived th¢ Claim. Written supporting data shell ba submitted to the Project Manager within flfte¢n (15) calendar days after the occurrence of the event, unless the Owner grants additional [Imo in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shell be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its parforrnanca as directed by the Owner, regardless of any pending Claim, action, suit, or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continua to make payments in accordance with the Contract Documents during the p¢ndency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Protect 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 pertormed la not noted in the Contract Documents, written notice thereof will ba given to Contractor prior to starting any such other work. If Contractor believes that such partormanca will Involve additional expense to Contractor or require additional time, Contractor shall sand 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 sand the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to se¢k 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 if Owner is partorming the additional work with Owner's amploye¢s) proper and safe access to the site and a reasonable opportunity far the introduction and storage of materials and eq uipmant and the execution of such work and shall properly connect and coordinate Its Work with theirs. Contractor shell do all cutting, fitting, and patching of the Work that may ba required to make its several parts coma 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 altar their work with the written consent of the Project Manager and the others whose work will ba affected. The duties and responsibilities of Contractor under this paragraph era for the benefit of such utility owners and other Contractors to [ha axt¢nt that there era comparable provisions for the 38 Conatmcllon S¢rv(cas P.greemanL [2024_var.l] c.Ao benefit of Contractor In said direct contracts between Owner and such utility owners and other contractors. 12,3 If any part of Contractor's Work depends fior 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 deflciancias in such work that render it unavallabla or unsuitable far 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. 73.1 To the maximum extant 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 intan[ionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 Tha duty to defend under this Article 73 is Independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner, and any Indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or ¢arliar termination of [his Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for khe matter indamniflad hereunder Is fully and finally barred by the applicable statute of limitations. 73.3 Contractor shall obtain and carry, et all times during its pertormance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 to [he Agreement. Further, the Contractor shall at all times comply with ail of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 74. COMPLIANCE WITH LAWS. 74.7 Contractor agrees to comply, at its own axpens¢, with all federal, state and local laws, codas, statutes, ordinances, rules, regulations and req uiraments 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 era at variance therewith, it shall promptly notify Project Manager in writing. To the axt¢nt any law, rule, regulation, coda, statute, or ordinance req uiras the inclusion of certain terms In this Agreement In order for this Agreement to ba enforceable, such terms shall be deemed included In this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it Is understcod and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subs¢quent to the data this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extant Contractor knew or should have known of such changes prior to the data of this Agreement. 74.2 By executing and entering Into this agreement, the Contractor is formally acknowledging without axce ption 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 V.S.C. 1324, et s¢c" and regulations relating thereto, as either may ba amended. Failure by the Contractor to comply with the laws 39 consauor�on sarvmea ngracmanr. l2o?A_vectl CAp referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement Immediately, '14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only Individuals who era eligible to work in the United States, including the requirements sat forth in Florida Statute, §448.096. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (OHS) In partnership with the Social Security Administration (SSA), provides an Intarnat- basad means of verifying employment eligi blllty of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. Tha program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) Including professional services and construction services. Contractors /Bidders era required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, et the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly com pl¢tad E-Verify Company Profile page or a copy of the fully axaeuted E-Verify Memorandum of Understanding for the company. Contractors era also required to provide the Colllar County Procurement Services Division an ex¢cuted affidavit certifying they shall comply with the E-Verify Program. Tha affidavit is attached to the solicitation docu mants. 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 adtlitional Information regarding the Employment Eligibility Ver(ficatlon System (E-Verify) program visit the following wabsite: htto-//www.dhs.00v/E-Verifv. It snail ba the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firms) receiving an award shall ba fully responsible for complying with the provisions of the Immigration Reform and Control Act of t 986 as located at 8 U.S.C. '1324, at sea. and regulations relating thereto, as ¢ither may be amended and with the provisions contained within this affidavit. Faflu re by the awarded firms) to comply with the laws referenced her¢in or the provisions of this affidavit shall constitute a breach of Iha award agreement end the County shall have the discretion tc unilaterally terminate said agreement immediately. '15. CLEANUP AND PROTECTIONS. 'I 5.'I Contractor agre¢s to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shell leave the Project site clean and ready for occupancy by Owner. f 6.2 Any existing surface or subsurtaca improvements, including, but not Iim ited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Docu manta to be removed or altered, shall be protected by Contractor from damage during tn¢ prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged 40 Cons[mcllon Services AgreemanC [2024_v rA] GAO shall ba raskorad by Contractor to the condition equal to that exisking at the lima of Contractor's commencement of the Work. 'I6. ASSIGNMENT 'I B.f Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, It shall require that Its assignee ba 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. f 7.1 Pursuant to Section 2f 8.80, F.S., Owner will pay for all Colllar County permits and fees, including license fees, permit fees, impact fees or Inspection fees applicable to the Work through an Internal budget transfer(s). Contractor is not responsible for paying for permits Issued by Collier County, but Contractor is responsible for acquiring ell permits. Owner may require the Contractor to deliver Internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. '17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with th¢ Work or portions thereof, which are applicable during [ha pertormance of the Work. 18. TERMINATION FOR DEFAULT. f 8.'I Contractor shall be considered In material default of the Agreement and such default shall ba considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) falls to properly and timely partorm the Work as directed by the ProJact M anagar or as provided for In the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove matarlals 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 r¢sume Work which has bean suspended within a reasonable time after being notified to do so; or (6) becomes Insolvent or (s declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisflad for more than tan ('10) days; or (8) makes an assignment for the benefit of creditors; or (g) fails to obey any applicable codes, laws, ordinances, rules or r¢guletions with respect to the Work; or ('I O) materially breaches any other provision of the Contract Documents. '18.2 Owner shall notify Contractor in writing of Contractor's dafault(s). If Owner determines that Contractor has not remedied and cured the defaults) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may ba consented to by Owner in writing and in Its sole discretion, than Owner, at its option, without releasing or waiving Its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may ba entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any matarlals, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's 41 Conatnactlon SBNICBS AgreamanC [2g24_vBr.l] /// �C� 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. 78.3 If Owner deems any of the foregoing remedies necessary, Contractor agra¢s that i[ shall not be entitled to receive any further payments hereunder until after the Protect Is compl¢tad. All moneys expanded and all of the costs, losses, damages and extra axpans¢s, including all management, administrative and other ovarheatl and other direct and Indirect expanses (Including Design Professional and attorneys' f¢as) 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 appals) 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 ba, shall ba approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 78.4 Tha liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assu mad by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing Tabor, materials, equipment, su ppllas, and other items therefore or ra-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. 78.6 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 axcu sebl¢, or that Owner is not entitled to the remedies against Contractor provided herein, than the termination will ba deemed a termination for convenience and Contractor's remedies against Owner shall ba the same as and limited to those afforded Contractor under Section 19 below. 76.6 In the avant (I) Owner fails to make any undisputed payment to Contractor within thirty (30) days altar such payment is duo or Owner otherwise persistently falls to fulfill same material obligation owed by Owner tc Contractor under this Agreement, and (ii) Owner has failed to cure such dafeulf within fourteen (74) days of receiving written notice of same from Contractor, than Contractor may stop its partorrnance under this A9 reamant until such default is cured. after giving Owner a second fourteen (14) days written notice of Contractor's int¢ntfon to stop partormance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (720) consecutive days through no act or fault of th¢ 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 Ito default within fourteen (14) days after receipt ofi Contractor s written notice, Contractor may. upon fourteen (74) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work partormed through the termination data, but in no event snail Contractor be entitled to payment for Work not performed or any other damages from Owner. 79. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 79.7 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, Contra ckor's recovery against Owner shall ba Ilm lted to that portion of the Contract Amount earned GAO 92 Conetrucllon Services P.gr¢amant i2020_ver.7] through the date of termination, together with any ra[ainage withheld and reasonable termination ¢xpensas incurred, but Contractor shall not b¢ entitled [o any other or further recovery against Owner, Including, but not limited to, damages or any anticipated profit on portions of the Work not partormad. 99.2 Owner shall have the right to suspend all ar any portions of the Work upon giving Contractor not lass 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 ba to seek an extension of lima to its schedule In accordance with the procedures sat forth in the Contract Documents. In no avant shall the Contractor ba entitled to any additional compensation or damages. Provided, however, if the ordered suspension exc¢ads six (6) months, the Contractor shall have the right to t¢rminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. Substantial Com olation and Daveloomant of the Punch List 20. t Substantial Completion is as defined in the Defined Terms section of this Agreement. When the Contractor believes Substantial Completion has bean achiev¢d, it shall certify In writing to the Project Manager that the Project is Substantially Complete in accordance with the Contract Documents and request the Project Manager to inspect the Work and to issue a Certificate of Substantial Completion. Prior to mak(ng such a request the Contractor must: a) Complete ali Work necessary for the safe, proper and complete use or operation of the Project as Intended, Including: all regulatory agency r¢quirements are satisfied, including occupancy permits; operating certificates and similar releases; all operational testing has successfully occurred; all required training has successfully occurred; all close-out documents (such as as -built drawings, certifications, warranties, guaranties, test reports test logs, operational manuals, etc.) have been provided by Contractor and accepted by Owner. b) Prepare a Contractor -generated punch list (I.e., a list of all items required to render the Project complete, satisfactory, and acceptable, for submission with the request for inspection and issuance of a certificate of Substantial Completion), which shail include and Ilst separately the estimated cost to compl¢ta each remaining unfinished item included on the Ilst with an axpianatlon as to the basis for those costs, substantiated by the Schedule of Values, subject to the Owner's final review and approval as stated below. c) Upon receipt of the request from the Contractor, [he Project Manager• assisted by the Professional, if any, and other Owner personnel, as appropriate, shall review the request, the Work and the Contractor -generated Punch List to d¢termina whether the Work Is ready for Substantial Completion inspection. If this review fails to support Substantial Completion Inspactlon, the Project Manager shall so notify the Contractor citing the reasons for rejection. If the Project Manager and Professional (if any) determine the Work Is ready for Substantial Completion Inspactlon, the following procedures will be followed: '1. The Project Manager will, within a reasonable lima, schedule, and conduct inspactlon(s) of the Work with the Professional (if any), other Owner �no 43 Canatructlon Services ABreemenl 12024_vac I ] personnel as required, and the Contractor for the purpose of formally reviewing the status of completion of the Work, the readiness of the Project for use and the Contractor -generated Punch List. A copy of the Contractor - generated punch list will be provided to all participants and any additional Items noted during the Inspection will ba added to the Ilst. Tha Project Manager, the Professional, their representatives and other Owner representatives will review the Work end the Contractor -generated punch list to assure all deficiencies are noted on a final document (Exhibit F-3 Punch List Form). Tha Punch List must include all Items required to render the Project complete, satisfactory and acceptable. If Project Manager and Contractor disagree on whether an Item belongs on the Punch List, the Project Manager has the final say on whether the item Is Included or not. The Punch List shall ba finalized and Issued to the Contractor by the Owner within the time frames Indicated below. 2. If upon completion of the inspaction(s) the Owner does not consider the Project Substantially Complete, the Project Manager will notify the Contractor in writing giving reasons why the Project is not Substantially Complete. 3. If, upon completion of the Inspaction(s), the Owner considers the Project Substantially Complete, the ProJact Manager shall prepare a Certificate of Substantial Completion to establish the data for Substantial Completion as the data of the completed inspection(s). The Certificate of Substantial Completion shall ba approved by the Owner upon the signature of both the Project Mana9ar and the Professional and shall ba issued to the Contractor. Tha Certificate shall fix the data of Substantial Completion. 4. Substantial Completion cannot occur until all conditions necessary for safe and proper use, occupancy, maintenance, and operations era In place. 20.2 Tima Frames for Issuance of the Punch List (a) The Owner shall issue the Punch List to the Contractor within the time frames described below, provid¢d that the Contractor has completed its obligations in providing a proper contractor -generated Punch List prior to the Substantial Com elation inspection. (b) For construction estimated to cost Isss than ten million dollars ($10,000,000.00), the Punch List must ba finalized within thirty (30) Days after the Substantial Completion date. (c) For construction projects estimated to cost more than ten million dollars ($10,000,000.00), the Punch List must ba finalized and issued within forty-five (45) Days after the Substantial Completion data. (d) For construction projects involving more than ono building or structure or multiple phases, the Punch List must ba prepared for each building, structure or phase within thirty (30) Days of the Substantial Completion data of a particular building, structure or phase if it is estimated to cost less than tan as COn9truc[lOn 3arvIOBe Agr¢amant 1202d_vBr.t] (c.io million dollars ($10.000,000.00) or within forty-five (45) Days if it Is astimatad to cost more than ten million dollars ($10,000,000.00). (e) If the development of the Punch List lakes the full amount of time designated (or a portion thereof) and includes a tentative punch -list based upon the above dollar amount thresholds, the delivery of the Punch List of Items shall be dellvaretl by the Owner no later than five (5) business days thereafter. Within twenty (20) business days after the delivery of the Punch List to the Contractor, the Owner must pay the Contractor the remaining contract balance owed, that includes all ratainage previously withheld by Owner less an amount equal to 150 percent (150 %) of the astimatad cost to complete the items on the Punch List. At the same time the Owner delivers the Punch List Contractor shall submit a payment application requesting [hat Owner pay the Contractor the remaining contract balance owed including all retainaga previously held by Owner less an amount equal to 150 percent (7 50%) of the estimated cost to complete the items on the Punch List. (f) Tha failure to Include any corrective work or pending items not yet completed on the Punch List does not alter the responsibility of Contractor to complete all the construction services purchased pursuant to the Contract Oocuments. (g) Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the data of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the Punch List. The Project Menegar, shall coordinate with the Contractor the return of any surplus assets, Including materials, supplies, and equipment. 20.3 C I ti f P h Lf t Work and Raleasa of Remainine Contract Balance (a) Upon completion of the Punch List Work, the Contractor shall certify in writing to the Protect Manager that all Punch List Work has been completed In accordance with the Contract Documents and request the Project Manager to inspect the Work and to approve Punch Llst completion. If, In the Project M anagar's opinion, the Work is not r¢ady for such inspection, the Project Manager will so inform the Contraeto r, giving reasons for such opinion. If the Project Manager is satisfied that an Inspection is warranted, the Protect Manager will, within a reasonable time, schedule and conduct Inspections) of the facility with representatives of the Owners user department, the Professional (if any), and the Contractor, for the purpose of formally reviewing [ha completion of Punch List Work. If the Project Manager and the Contractor disagree on whether an item remains incomplete, the Protect Manager has the final say on whether the item Is complete or not. (b) If, upon completion of the inspection<s) the Owner does not consider the Punch List Work com pl¢ta, the ProJact Manager will notify the Contractor in writing giving specific reasons why the Punch List Work is not complete. (c) Upon completion of all items on iha Punch List, the Contractor may submit a Payment Request for the remaining amount withheld by the Owner. If a good- falth dispute exists as to whether one or mor¢ items idantlfled on the Ilst have bean completed pursuant to the Contract Documents, the Owner may continue 95 Construcllon SBrvleae AgreaTBnl: [2034_va r.t] GAO to withhold an amount not to exceed one hundred and fifty percent ('150 %) of the total costs to complete such items. This remaining balance of ratainage may ba requested by the Contractor In its Application for Final Payment after Final Acceptance of the Work by Owner (Exhibit F-2 Certificate of Final Completion). (d) All items that require correction under the Contract Documents and that are Identified after the preparation and delivery of the Punch List shall remain kha obligation of the Contractor. (a) Warranty Items may not affect the Final Payment of ratainage pursuant to Section 2'16.735(7)(f), Florida Statutes. (f) If the Owner falls to comply with Its responsibllitias to assist In developing the Punch List within the time frame applicable to the ProJact (as tlescribad above), the Contractor may submit a request for all remaining ratainage withheld by the Owner. The Owner Head not pay or process any payment request for ratainage {f Contractor has, in whole or part, fafl¢d to cooperate with the Owner in development of the Punch L{st or failed to pertorm its contractual responsibllitles with regard to development of the Punch Liat. Additionally, the Owner does not have to pay or release any amounts that are the subject of a good -faith tlisputa, the subject of a claim brought pursuant to Sactlon 255.05, Florida Statutes, or otherwise the subject of a claim or demand by the Owner or Contractor. 20.4 Final Comoletion (a) Upon written notice from the Contractor that the Protect Is complete, the Project Manager shall schedule a final Inspection with the Contractor, the Design Professional, and any other personnel requested by the Project Manager. The Project Manager shall notify the Contractor in writing of any Work this inspection reveals to ba defective, or otherwise not in accortlanca with the Contract Documents. Tha Contractor shall immediately [aka such action as may be necessary to remedy such defects and bring the ProJact into full compliance with the Contract Documents and than request another Inspection. (b) Final Completion of the Work shall ba achieved by the Contractor when all the Work required under the Contract Documents has bean satisfactorily completed, Including all Punch List work, and specifically as noted in the Speclflcations section. (c) After the Project Manager has determined that all Work has bean completed. the Project Manager will issue a Certificate of Finai Completion Exhibit F-2 for the Work. 20.5 Aoplication for Final Pavmant After the Certificate of Final Completion, Exhibit F-2 for the Work has bean Issued by the Project Manager, [ha Contractor may make Application for Final Payment following [ha procedure for progress payments. As an explicit condition precedent to the accrual of Contractor's right to Final Payment, Contractor shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit form attached as Exhibit C, as wall as Cona4uMlon SBrvlaea P.gr¢amant 12024_var.�] � \ as a duly executed copy of the Surety's consent to Final Payment and such other documentation that may ba required by the Contract Documents, inclutling but not limited to: ('I) Racaipt of Contractor's Final Application for Payment. (2) The Release and Affldavit in the form attached as Exhibit C. (3) Consent of surety to Final Payment. (4) Receipt of the Final Payment Check list, Exhibit G-'I. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of Ilens, arising out of the Contract Documents, to the extant and in such form as may ba designated by Owner. Prior to release of Final Payment and final retainaga, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Ch¢cklist, a representative copy of which is attached to this Agreement as Exhibit G-1. 20.6 Aooroval of Final Pavmant (a) If, on the basis of the Project Manager's observations and review of Work during Construction, final inspection, and review of the Application for Final Payment (all as required by th¢ Contract Documents), the Protect Manager is satisfied that the Work has bean completed and the Contractor has fulfilled all of Its obligations under the Contract Documents, the Project Manager will, within tan ('I O) days after receipt of the Application for Final Payment, Indicate in writing that the entire remaining balance Is found to ba due and payable to the Contractor and approve payment. Otherwise, the Project Manager will return the Application to the Contractor, indicating in writing the reason for refusing [o approve for Final Paymanl, in which case the Contractor will make the necessary corrections and resubmit the Application. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Oasign Professional may have issued Yts recommendations. (b) 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 r¢lating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in Its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall ba deemed to ba a waiver of Owner's right to enforce any obligations of Contractor her¢undar or to the recovery of damages for d¢fectiva Work not discovered by th¢ Design P rofassional or Protect Manager at the time of final inspection. (c) Tha Contractor's obligation to perform the Work and complete the ProJact in accortlanca with the Contract Documents shall ba absolute. Neither approval of any progress or Final Payment, the issuance of a Cartiflcate of Substantial Completion, any payment by the Owner to the Contractor under the Contract Documents, any use or occupancy of the Project or any part thereof by the Owner, the Issuance of a Final Completion. any act of acceptance by the Owner, any failure to do so, nor any correction of defective Work by the Owner shall a� conavucnon sa,.ncea ogreamenr. 12o2a_vernl CAD constitute an acceptance of Work not in accordance with the Contract Documents. 2'1. WARRANTY 2'I .'I 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 flxturas to ba incorporated Into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall ba new unless otherwise specified, and that all Work shall ba of good quality, free from all defects end in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall ba applied, Installed, connected, erected, used, cleaned and conditlonad 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 (�) year after Substantial Completion, any Work is found to ba defective or not In conformance with the Contract Documents, Contractor shall correct it promptly altar 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 avant of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expanse. These warranties are in addition to those implied wawa Hiles to which Owner is entitled as a matter of law. 2'1.2 No lat¢r than 30 days prior to expiration of the warranty, the Project Manager, or another raprasantativa of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. Tha Contractor's Rapresantativa shall ba 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 daflciancies 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 TEST3 AND INSPECTION3 22.'I Owner, Design Professional, their respec[Ive representatives, agents and employees, and governmental agencies with jur(sdiction over the Project shall have access a[ all times to the Work, whether the Work is being pertormed 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, tasting or approval. All inspections, fasts or approvals shall ba performed In a manner and by organizations acceptable to the ProJact Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for ra-inspection f¢es and costs; to the extant such ra-inspections era due to the fault or neglect of Contractor_ 46 Conabucllon SBNICas Agreement 12024_var.'I[j% \I \ �`/ 22.4 If any Work that is to be inspected, tasted or approved Is covered without written concurrence from the Project Manager, such work must, if requested by Projac[ Manager, ba uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given ProJact Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, ba uncovered for Project Manager's observation, and ba replaced at Contractor's sole expanse. 22.5 Tha Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and Inspection expanses incurred by Owner in connection with any overtime work. Such ovardma 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, fasts or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work In accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.'I Work not conforming to the r¢quiramen[s of the Contract Documents or any warranties made or assigned by Contractor to Owner shall ba deemed detective Work. If required by Project Manager, Contractor shall, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by ProJact Manager, remove it from the site and replace it with non-d afectiva Work. Contractor shall bear all direct, indirect, and consequential costs of such correction or removal (including, but not Iimit¢d 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 ProJact Manager considers It necessary or advisable that covered Work be observed by Design Professional or inspected or tasted by others and such Work is not otherwise required to ba inspected or tasted, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or fasts as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and eq uipmant. 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 tasting and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals), and Owner shall ba entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to ba defective, Contractor shall ba allowed an increase in the Contract Amount and/or an extension to the Contract Tima, directly attributable to such uncovering, exposure, observation, Inspection, tasting 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 parfortn the Work in such a way that the completed Work will conform to the Contract Docu mants, Pro)ect Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has bean eliminated. Tha right of Project Manager to stop the Work shall ba exercised, if at all, solely for Owner's benefit and nothing herein shall ba construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other parson. 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 conaequantial 99 consrmrnon sanricae neraemant: [soza_varnl CAO costs attAbutabla to the Owner's evaluation of and datarminatlon to accept defective Work. If such dat¢rmination Is rendered prior to Final Payment, a Cha n9a Order shall ba executed evitlancing such acceptance of such defective Work, incorporating the necessary revisions In the Contract Docu merits, and reflecting an appropriate decrease In the Contract Amount. If the Owner accepts such defectiv¢ Work after Final Payment, Contractor shall promptly pay Owner an appropriate amount to atlaquately compensate Owner for its acceptance of the detective Work. 23.5 If Contractor fails, within a reasonable lima after the written notice from ProJact Manager, to correct tlafactiva Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to pertorm the Work in accortlanca with the Contract Docu merits, 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 d¢ficiency. Provided, however, Owner shall not be r¢q wired to give notic¢ to Contractor in the avant of an emergency. To the extant necessary to complete corrective and ram¢dial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any par[ of the Work, and suspend Contractor's services related thereto, tak¢ possession of Contractor's tools, applia ncas, construction equipment and machinery at the ProJact site and incorporate in the Work all materials and equipment stored at the ProJact site or for which Owner has paid Contractor bul which era 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 remadi¢s under this paragraph. All direct, indir¢et, and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be Issued, incorporating the necessary revisions to the Contract Documents, Including an appropriate decrees¢ to the Contract Amount. Such direct, Indir¢ct, antl consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other p rofassionals, all court costs and all costs of repair entl replacement of work of others tlestroyed or damaged by correction, removal, or replacement of Contractor's defective Work. Contractor shall not be allowetl an axtensien 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.'I 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 ba necessary to perform the Work In accordance with the Contract Documents. Contractor shall ba responsible to sea that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all [Imes during its progress a competent r¢sidanf superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under axtreortlinary circumstances. Tha superintendent shall ba amployetl by the Contractor and ba 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 th¢ right to direct Contractor to remove and replace its ProJact superintendent, with or without cause. Attached to the Agr¢ament as Exhibit A-3 is a Ilst identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such Identifietl personnel shall not be removed without Owner's prior written approval, end if so r¢movad must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall hav¢ a competent superintendent on the project at all limas whenev¢r Contractors work craws, or work crews of other parties authorized by the Project Manager are engaged in any ac[Ivity whatsoever associated with the ProJact. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's 60 Gonatruction Services Agreamanl: 12024_van'll CC'AO 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 S. B, for services not rendered. 25. PROTECTION OF WORK 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has bean made. If Contractor or any ono for whom Contractor is legally liable for Is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall ba charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts duo Contractor. 25.2 Contractor shall not load nor permit any part of any stru ctura to ba 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 Mana9ar and Design Professional. Tha Owner or Design Professional shall re-establish the benchmarks and Contractor shall ba 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 parsons 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 ProJact Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the amargancy, if Contractor believes [hat any significant changes in the Work or variations from the Contract Documents have bean caused thereby. If the ProJact Manager determines that a change in the Contract Documents is required because of the action taken in response to an amargancy, a Change Ord¢r shall be issued to document the consequences of the changes or variations. If Contractor falls to provide the forty-eight (48) hour writt¢n notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Tima. 27_ USE OF PREMISES 27.'I Contractor shall maintain all construction equipment, [he storage of materials and equipment and the oparailons of workers to the Project site and land and areas identified in and permiHad 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 pertormance of the Work. 61 ConatrucHon Sarvbes AgreemenC 12024_vec'n C;/♦tJ 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: 28.7.7 All employees on or about the project site and other persons and/or organizations who may ba affected thereby; 2B.1 .2 All the Work and mat¢rials and equipment to ba Incorporated tharaln, whether in storage on or off the Project site; and 28.7 .3 Other property on Protect site or adjacent thereto, Including trees, shrubs, walks, pavements, roadways, structures, utllitias and any undargrou nd structures or improvements not designated for removal, relocation, or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ortlinences. rules, and regulations of any public body having juristliction for the safety of parsons 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 prosacutlon of the Work may affect them. and shall cooperate with them in the protection, removal, relocation, or r¢placamant of their property. Contractor's duties and r¢sponsibllitles for the safety and protection of the Work shall continue until such time as the Work Is complefad 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 Studios where relevant as determined by the angine¢r. All electrical installations shall ba labaletl with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall desig Hate a responsible rapr¢s¢ntativa located on a full-time basis at the Project site whose duty shall be the prevention of accid¢nts. This parson shall ba Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances era strictly prohibited on any Owner property. All employees of Contractor, as wall as those of all subcontractors and those of any other parson or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or ba under the influence of any such substances while an 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 ba 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: sa conaen,cuon services a.grenmanc [2g2a_var.'n Cq0 28.5.t Ail Owner facilities era smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an Identification badge by Contractor. Such identification badge must ba prominently displayed on the outside of the Em ployeas' 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 Ilmit Its operations to the daslgnet¢d 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 Owners 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 ProJact site. Further, all Employees shall comply with the Brass, conduct and facility regulations issued by Owner s officials onsita, as said regulations may ba changed from time to time; 28.5.E All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified In the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner In writing; 28.5.1 Whan r¢qu¢sted, Contractor shall cooperate with any ongoing Owner investigation involving Personal Injury, economic loss or damage to Owners facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute, or sell products while on Owner's property. Friends, family members or other visitors of the Employees era not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior tc the commencam¢nt of Work, the Contractor shall attend apre-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 th¢ Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Protect 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 ba directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has im plemantad a Vendor Pertormanca Evaluation System for all contracts awarded in excess of $25,000. To this ¢nd, vendors will ba evaluated on their pertormance upon com elation/termination of this Agreement. 59 CansbuGlon Services AgreemanU [2024_v ct] (�F�O 3'1. 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 currant edition of the Manual On Uniform Traffic Control Devices (M VTCD), where applicable on local roadways and as prescribed In the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. Thasa projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, Incorporated heroin by reference. Copies era available through Risk Management and/or Procurement Services Division and is available on-line at colllargov.naVpurchasing. 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 Maint¢nanca of Traffic ("MOT') policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the Ifna Item on the bid page. If MOT is required, MOT Is to ba provided within tan ('I O) days of receipt of Notice to Proceed. 32. SALES TAX SAVINGS ANO DIRECT PURCHASE. 32.'1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which era 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 sat forth in section 32.2 below. 32.2 Notwithstanding anyth ing 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 bast efforts to coop¢rata with Owner in implementing this sales fax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Chang¢ 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 heroin to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extant as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the avant Owner makes a demand against Contractor with respect to any Dlract 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 raspon sibilitias far sales tax under Chapter 2'12, Florida Statutes, and for its responsibilities for Federal excise taxes. 64 CanstrucOon SBvicas AgreamanF [2024_VBrAI CCA� 33. SUBCONTRACTS. 33.'I Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, bas¢d on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing affactivaness, access and availability constraints, Total time for com elation, construction market conditions, avallabllity of labor and motorists, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is partorming, 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 Dlractiva 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 thalr validity and r¢asonablaneas, acting in Owner's bast interest, prior to requesting approval of any Change Order from Owner. All Subcontractors partorming any portion of the Work on this Project must ba "qualified" as defined in Collier County Ordinance 20'13-69, meaning a parson or entity that has the capability in all raspeets to perform fully the Agreement req uiremants with respect to Its portion of the Work and has the integrity and reliability to assure good faith peformanca. 33.3 In addition to those Subcontractors identified in Contractor's bid that ware approved by Owner, Contractor also shall identify any other Subcontractors, Including their addrass¢s, licensing information and phone numbers, it intends to utilize for the ProJact prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Protect. Tha list tdentifying each Subcontractor cannot ba modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to ba self-pertormad by Contractor must ba 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 b¢ req uirad to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor partorming any portion of the Work, as well as maintain a log of all such Itcenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall ba in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purohasa orders shall ('I) require each Subcontractor to be bound to Contractor to the same extant Contractor is bound to Owner by the [arms of the Contract Documents, as those 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 ba an additional insured on all liability insurance policlas required to ba provided by the Subcontractor except workmen's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontra ctoq prior to the execution of the subcontract, copies of the Contract Docu mants to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub- subconlractore. 56 Conslrvdlon sarvlcas AgreemanC [2g24_vac11 CAO 33.5 Each Subcontractor partorming work at the ProJact Sita 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. Tha supervisory am ployees of the Subcontractor (including field superi ntendant, foreman and schedulers at ail 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 flue years. The Subcontractor shall Include a resume of experience for each am ployea identified by it to supervise and schedule Its work. 33.6 Unless othanvisa expressly waived by Owner in writing, ail subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the pertormanca of the subcontract or purchase order caused by events beyond its control, Including delays claimed to ba caused by Owner or Design Professional or attributable to Owner or Deaign Professional and Including claims based on breach of contract or negligence, snail ba an extension of its contract time. 33.6.2 In the avant of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10 % for overhead and profit. 33.6.3 Tna subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole end exclusive remedies for delays and changes in the Work and thus eliminate any other remedies far claim for increase In the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly Incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and In the man nar 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 currant 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 Purchasa/Dalivary Logs 34.1 .5 Contract Drawings and Spacificatlons with Addenda 34.1 .6 Warranties and Guarantees 34.t.7 Cost Accounting Records 34.1.8 Labor Costs 34.1 .9 Material Costs 34.7.1 O Equipment Costs 34.1 .1 t Cost Proposal Request 56 Conattvdlon Services AgreamenC [2024_var.'q GI^U 34.7 .72 Payment Request Records 34.7.73 Meeting Minutes 34.7.14 Cost -Estimates 34.1 .15 Bulletin Quotations 34.7.16 Lab Tast Reports 34.7 .17 Insure race Certificates and Bonds 34.7 .78 Contract Changes 34.7.79 Permits 34.1 .20 Material Purchase D¢Ilvery Lags 34.1 .27 Technical Standards 34.1 .22 Design Handbooks 34.7.23 "As-Buflt" Marked Prints 34.7.24 Operating &Maintenance Instruction 34.7 .25 Daily Progress Reports 34.1 .26 Monthly Progress Reports 34.7.27 Correspondence Filers 34.1 .28 Transmittal Racords 34.7.29 Inspection Reports 34.7.30 Punch Lists 34.7 .37 PMIS Schedule and Updates 34.7 .32 Suspense (TlcKlar) Files of Outstanding Requirements Tha Project files and rewrds shall ba avails bla at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times par contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to ba determined by the County Manager or his dasi9nee. Prior to the scheduled prasantatfon data, 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, proJact completion data and any changes to the aforementioned since Notice [o Proceed was issued. 35. SECV RITY. The Contractor is required to comply with County Ordinance 2004-52, as emended. Background checks era valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the vests of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this A9raamant. This may include, but not ba limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All oY Contractor's employees and subcontractors must wear Collier County Government Id®ratification badges at all times white partonning services on County facilities and properties. Contractor ID badges are valid for one (7) year from the data of iss uanca and can be renewed each s� ConnFucOon 3BNIca3 Agreement 12024yagll, q<p year at no cost to the Contractor during the lima period in which their background check Is valid, as discussed below. All t¢chnicians shall have on their shirts the name of the contractor's business. The Contractor shall Im madiately notify the Collier County Facilitlas Management Division via a -mail (DL-FMOPSCo7colliarcountvFl.cov) whenever an employee assigned to Collier County separates fifom their am ploym¢nt. This notl8cation Is critical to ¢nsur¢ 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 par incident. CCSO requires separate fingarprinting prior to work being partormed in any of their locations. This will ba coordinated upon award of the contract. If there era additional fees for this process, the Contractor is responsible for all costs. �S:i!'I �:ttl� Any suit or action brought by either party to this Agreement against th¢ other party relating to or arising out of this Agreement must ba brought in th¢ 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 ba reviewed for consideration of e Value Engineering (VE) study conducted during project development. A "project" shall ba defined as the collective contracts, which may include but not ba limited to: design, constructlon, and construction, enginaerin9 and inspection (CEI) services. Additionally, any project with an estimated constructlon value of $2 million or more may ba reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.'I Tha contractor shall ensure compliance with all NFPA regulations: specifically t'10 & 3D/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST 8. API referenced standards pertaining to the storage of hazardous materials and petroleum products. 3B.2 Tha contractor shall notify the Solid E. Hazardous Wastes Management Department (SHWMD) prior to the Installation, removal, or mal ntenance of any storage tank, including day tanks for generators, storing /will ba storing petroleum products or hazardous materials. Tha contractor shall provide a 10 day and 46-hour notice to SHWMD 239-252-2508 prior to commencement. Tha contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials /petroleum products to [ha SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior tc contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. Tha Contractor shall employ people to work on Owner's projects who are neat, clean, wall -groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who era physically capable of pertorm ing their employment duties. Tha 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 bast interest of the county. ss Cone\ryGlon Sarvicea ABfeemenC [2024_vaf.11 C P�> 40. DISPUTE RESOLUTION. A. All disputes arising under or relating to this Agreement shall ba resolved in accordance with this Section, except for disputes related to payment matters and payment disputes upon submission of pay applications, which shall ba addressed and resolved in accordance with Collier County Ordinance No. 2017-08, as amended, and governed by [he Lima to commence and conclude payment dispute proceedings set forth in Section 218.76(2)(a), Fla. Stet. B. Prior to the initiation of any action or proceeding permitiad by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Tha negotiation shall ba attantlad by raprasantatives of Contractor with full decision -making authority and by Owner's staff parson who would make the prasantatlon of any settlement reached during negotiations to Owner for approval. Falling resolution, and prior to the commencement of depositions in any litigation 6atwean the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Cireuit Court Mediator certified by the States of Florida. The mediation shall ba attended by raprasentativas of Contractor with full decision -making authority and by Owner's staff person or dasign¢e who woultl 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, [he other party may obtain a court order requiring mediation under Section 44.'102, Fla. Stet. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate fed oral or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. sg COn9lruellon SBNIC09 AgraamanC [2029_varA]/ �I„O EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS ® Attached her¢to, following this peg¢ 0 Not Applicable rec GAO Constmdlon Sarvlcas AgreamenF. [2029ye .'1[ STATE CONTRACT PROVISIONS AND ASSURANCES FLOIiIDA DEPARTMENT OF ENVIRONMENTAL PROTECT[ON 30.039 STATEWIDE WATER QUALITY RESTORATION PROJECT I'he supplemental conditions covtalned in Ihis section ere intended [o cooperate with, to supplanenf, and to modify the general conditions and other spccificetions. In cases of disagreement with any other section of this contract, the Supplemental Conditimts shall govern. This is an acknowbdgemen[ the[ the Florida Deparhnem of Environmental Protection will be used to fund all or a portion of the contract. Tha contractor will comply with all applicable Federal law, regulations, executive wders, policies, procedures, and directives. Pursuant vnifonn requirements of grant awards the definition of CONTRACTOR is an entity Ilia[ receives aContract /Purchase Order. Applicabl¢ Laws -The County and all its agents shell comply with all federal, state end local regulations, including, but not limited [o, nondiscrim inatioq wages, social security, workw�s' compensation, licenses, and registration requirements. The County shall include this provision in all contracts issued. Diversity —All contracting and subcontracting opportunities afforded by [his solicitation/contract embrace diversity anthusias[ically. The award of subcontracts should reflect the full diversity o£ [he citizens of the Stare of Florida. Firms qualifying under [his solicitation ere encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of [his bid specification. These requirements apply to all bitlders/offerors, including those who qualify as a Minority Business vendor. A list of minority owned firms the[ could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (S50) 489-0915. )✓qual Litnploym ant Opportunity: No person, on the grounds of race, creed, color, religion, national origin, age, gendmy m' tlisability, shall be excluded from participation in; ba denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. Inspector General Coop¢retlon: The Patties agree to comply with Sectiov 20.055(5), Florida Statutes, for the inapec[or general to lieu¢ access to any recoMs, data end other information deemed necessary to ¢a„y out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Plorida Statutes. Lobbying: No funds received pursuant to this Agreement may be expevtled for lobbying the Legislature. the judicial branch, or a state agency. Local Preference: Pursuant to Section 255.0991, F.S. local vendor preference is not applicable Physical Acceaa and Inspection: Orantor personnel shall be given access to and may observe antl inspect work being performed under this Agreement with reasonable notice and during nm�mal business hours, including by any of the following methods: i. The Comtty shall p>nvide access to any location or facility on which County is performing work, or storing or staging equipmenq materiels or documents. u. The County shell permit inspection of any facility, equipmenq practices, or operations required in performance of any work puasuant <o [his Agreement; and, ifl. The County shell allow and facilitate sampling and monitoring of any substances, soils, naterials or Vatnmeters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to [hie Agreement. Record Ratenlfmc A. The conn�actor sball maintain and retain sufficient records demonstrating its compliance with the [eons of the Agreement for a perioA of at least five (5) years after final payment is Page 1 of 9 GAO STATE CONTRACT PROVISIONS ANO ASSURANCES made end shall allow the County, the State, or Its authorized representatives access to such records for audit purposes upon request. The Depart>nenq the Stale, or thetr authorized representatives shell have access to such records for audit purposes during the term of this Agreement and for £rve (5) years following the com Pletion date or termination of the Agreement, in the event that any work is subcontracted, G:an[ee shall similarly requi>ro each subcon<ractor to maintain and allow access ro such records for audit purposes. Upon regoesl of Depa.tment's inspector General, or other authorize-d State official, Grantee shall provide any Type of information the Inspector General deems relevant to Grantee's integrity m� responsibility Statutory Notices Reletfng to Unautborized L+mPloymanc The County shall consider the am Vloyment by any Contractor of unauthorized aliens a violation of Section 294A(e) of the Immigration end Nationality Act. If Contractor knowingly employs unauthorised aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantees shall be responsible for including this provision in all subcontracts with Private organizations issuetl as a result of this Agreement. Statutory Notices Relating [o Subcontracts: Pursuant to Sections 289.133. 282134, and 289.139 F.S., the following restrictions aPPIY to persons placed on the convicted vendor list, the tliscrim inatory vendorlist or the antitrust violator vendor list: .. Public Entity Q'ime =A person or affiliate who has been placed on Ute convicted vendor list following a conviction for a public entity mime may not submit a bid, proposal, or reply on a contract [o provide any goods or services to a public entity; may not submit a bid, proposal, reply on a contract with a public entity £or the consn'uc[ion or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity: may not be awarded or perForm work as a County,-sapptier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provitled in Section 28'].010, F.S., for CATEGORY TWO fora Veriod of 36 months following the date of being placed on the convicted vendorlist. u. Dis aloe endors - An entity or afYlliata who has been placed on the discriminatory vendor list may not submit a bid, proposal, or :oply on a contract to provide any goods or services to a Public entity; may not submit a bid, proposal, or reply on a contract with a publ[c entity for the construction or repair oEa public buiitling m' public worlq may not submit bids, proposals, or replies on leesw of reel propeaYy to a pubic entity: may not be awarded or perForm work as a contractor, supplier, subcon[racto r, or consu Iran[ under a contract with any public entity; and may not transact business with any public entity. iii. A V' 1 for Vmtdors - A person or an affiliate who has been placed on the antitrust violator vendor List following a conviction or being held civilly liable for an entin-us[ violation may not submit a bid, proposal, or reply on any emttract [o provide nny good or services to a public entity; may not submit a bitl, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perForm work as a Grenteq supplier, subcontractor, or consultao[ under a conhact with a Pub11c entity; and may not trensac[ new business with a public entity. w. Notification -The County shall notify FDEP if it or any of its suVPliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement The Florida Department of Management Services is responsible Yor maintaining the discriminatory vendor list end posts the liar on its websixe. Questions regarding the discriminatory ventlor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 489-0915. Page 2 of 9 GPO STATE CONTRACT PROV1510NS AND ASSURANCES Thtrd Parties: FDEP shall not be deemed [o assume any liability for [he acts, failures [o act or negligence of Hte County, its agents, servants, and employees, nor shall the County disclaim its own negligent¢ to PDEP or any thirtl party. This Agreement does not and is not intended to confer any rights or :omedies upon any persmt dhar than the parties. If FDEP consents to a sWconh'acq the County will specifically disclose that this Agreement does not create any third -party rights. Putther, no third perHes shall rely upmt any of the rights and obligafimis created under this Agreement. Grantee's Employees, Contractors, and Agents. All County employees, Connectors, subconhractors, or agents performing worK under the Agreement shill be properly trained technicians who meet or exceed any specified training qualifications. V Von requesq the Ceunty shell fm-nish a copy of technical certification m� other proof of qualitication. All employees, subcontractors, or agents performing work under Agreement ust comply with all security and adminisnetiva requirements of FDEP and shell comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. Page 3 of 9 SRO �_ STATE CONTRACT PROVISIONS AND ASSU RANC65 GRANT CERTIFICATIONS AND ASSIIRANCES The following docu manta are to be completed and returned with the solicitation response by tlae solicitation deadline. 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 2. Conflict of Interest 3. Anticipated DBE, M/WBE or VETERAN Participation Statement 4. Opportunity List for Commodities and Contractual Services and Professional Consultant Services 5. Acicnowledgmnent of Grant Terms and Conditions Page 4 of 9 G STATE CONTRACT PROV[SiONS AND ASSURANCES COLLICR COUNTY Car[iticat/on Rcgm�tling Debarmenq SuaPenalon, and Other Respouaibility Maftere Pri C d Tr naac[lons (1) The prospective primary pmticipant certifies to the best of Its knowledge evd belief, chat it antl its principals: (a) Are not presently debm�red, suspendetl, proyosed for debarment, declared ineligible, or voluntarily excluded from covered h•ansactions by any Federal depa�lment or agency; (b) Have not within a three-year period preceding this proposal been convicted o£ or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or Fterfonning a public (Fetlerel, Smie or local) transaction o contract under a public transaction; violation of Federal m� State antitrust statutes or commission of embezzlement, thefq f rgery, bribery, £elsif cation or desb'mction of records, making false statemeots, or receiving stolen properly; (c) Are no[ presently indicted for or otherwise criminally m- civilly charged by a governmental entity (Federal, State or local) with commission of any of the off nsas enumerated in paragraph (I)(b) of this certification; and (d) Have not within athree-year period preceding [his applicetioNproposal had one or more public transactions (Federal, State or local) twminatM for cause or dcfaull. (2j Where the ptvspactive primary participant is ratable to certify to any of the statements in this certi fica[ion, such prospective participant shall attach an explanation to this ptnposal. K 11 A W'Ik' P 1 R' P bl' UYI'ties Renewal Project -Area 4 Name Project Name Vice President 24-g227 Title Project Number D 1 N H' g- I 38-I8077G5 Firm Tax ID Number SAM.gov Unique Entity Identification (UEI) No. 44g5 E A Na 1 FL 34104 - Street Address, Ciry, State, Zip Page 5 of 9 GAO STATE CONTRACT PROVISIONS AND ASSVRANCES COLLIPUR COUNTY Cmrfiict of Interest CerHflcwHon za-gzz� Collier County Solicitation No. i, Kall A Wilkie hereby carts Ey that to iha best of my knowledge, neither I nm� my spouse, dependent child, general partner, or any organization for which I am serving as an officer, dircector, o-ustee, general p¢Hner or employee, or any person or organization with whom 1 art negotiating or have an arrangement concerning prospective employment has a £nancial interest in [his matter. I fwther cettiFy to dte best of my knowledge that this matter will not a{{act the financial interests of any member of my household. Also, to [he best of my knowledge, no member of my household; no relative with whom 1 have a close relationship; no one with whom my spouse, parent or dependent child has e seeks employment; and no m�ganization with which 1 am seeking a business tcla[ionslaip nor which i now serve actively or have servetl within [he lest year are pasties m� represent a pally to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest a desm�ibed above that would be a{fected by the matter, and to disclose any in[ereai 1, or anyone noted above, h¢s in any person or organization that does become involved in, m' is affected at a late- date by, the conduct of this matter. V' P 'd t �"' — Poaition Uate Prlvnev Act Statement Title i of the Ethics in Government Act of 1998 (5 U.S.C. App.), Execative Order 12694 and 5 CPR Pat 2G34, Subpart I require the trepmting o£this information. The primary use of the htformation on this Form is for review by officials of The Justice Oepenment to determine compliance with epPlicable Federal conflict of interest laws and regulations. Additional disclosures of the inFonnetion on [his rapoH may ba made: (1) to a federal, state or local law enforcement agency iF the Justice Oepanment becomes aware of a violation or potential Notation of law or regulations; (2) to a court or party In a coon or federal administrative proceeding ifthe government is a patty or in order to comply with ejudge-issued subpoena; (3) to a source when necessary to obtain infottnation tclevant to a conflict of interest investigation or decision; <4) to the National Archives and Recmris Administration or the General Services Administration in records management inspections; CS) [o [he OfP ce of Management and Budget during legislative coordination on private relief legislation; and (6) in tcsponse to a request for discovery or for the appearance of a witness in a judicial or adminis[radva Vroceeding, if the inFonnetieu is relevant io the subject matter. This confidential certification will not be disclosetl to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch -wide Privacy Act sysfwn of records. Page 6 of 9 cr�� STATE CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT .n.,.anta. un�..nnR...at�... �m�,tn, tn. PPlme.n.nn..vta.n....wtts t.a.ment., m.•mt:ova. mtp�„.n.amn.nu.alaa. t...v.. A. PRIME'VENDOR/CONTRACEORINFORMATION ' pnlM[ PEED Dou Ins N. Hi n s,pB.a 38-1 R090G5 R i{ ,QI $ paid-i„�OO+i isTNe rwm¢v+tMe+pe r1 uu �p"ss note nP P`z[rtPn[o. vAea,n r enmw�x orm //������ yy ooBe/el lrvPJeq exK v.smwLL olswo sMna[o � epvz NI �Y STe^<[RLNCATIOH fRan Bae s..ull BYial¢ii - ONi Ixls w TON3 >zrnvmc o� n IEO VEf[Pn11T nE➢ OTFepT Y aq v ONi 5 @. iF PRIMEHAB sU6CONTRACFOR Oft SUPPl1ER WHO Is A DISAOVANTAOEOMINOBITY, WOMEN -OW NF.D� SMALL 6 VSINESS CONCERN OR SERVICE DISH@LED VETERAN, PRIME�IS TO COMPLLiE T1i15 N¢%T SECTION m/woe suacarv. sunpuen un/supputP p[n nei 'Il�r ��: uvry Sm.rsaoo n nRr/wnE xmre Enva�� Eei,vi..g On,,;�, ., 04a °70 p IiP/WRE CSA LnvILLGntnlnl Qa'ubbin SIO.Nl1 O.uu s-�i tiu ' -C. SECTION TO BECOMPGETED IRY'.PRIME VENDOR/CONTRACTOR Kell A. Willa 4/I8/24� Vices PresidentSU t�umprn Icwilk1e2000©dnhiggius co n u T34-996y9500 934-99G-R4R0� Nm inB Inca. aaen Jt .n oe. n paaMpo P NTGPSOnn4. y�nn a tt tv. mne ICpa.< Pe 'antes nm rt[Nt uel <. TBtonn mt [e,muo6 aM1e wa N[aa�PN�ts na ,.vin..n°n. a.pa.m. n•.m.s. co M1..y.n.... ,�n n •,.ur ..Pta.o..Pa.t. m. mrom,.vone .n ate t glMmelvt. ❑. SEOTION.TOBE'-COMPLETED SY COLLIER COUNTY T,tMnT/. WOF NIVB �ilicp vtl� rageim o cn'� STATE CONTRACT PROVISIONS AND ASSURANCES -aAnT rn,.aenxn:e Fogro �ID OPPORTUNITY LIST FOR COMMODITIES gND.LONTRAGTUpL SERVICES AND PROFE85101tlAL CONSULTANT 5ERVIC.ES z aAe➢^liry nj cnllermunaY to dvanfalJed6ualnaua pn mY vm aala•ai d+Pm a orb la'e nepulat ons C/N aF Ma Rdn SwmtGz F se l�we meun un! artic Yw'![b etlnm/and/w ss(stan re. prime Canuacrur/PFIma Fenzul<anC Lynn nda.ui.na Poona Number ¢AV Na 1 41 4 -3130 emaar.mant Number/0.duammmem xambe.: _R2 Tie Iizt laalaw M In[anaua b be a liitbq MNms roar are. az Ytempu.�Q tb. panitlWte on aria prbleR numb¢reaabo'.v. Tba Ilzt must nduae me brm bltltling p quollrg ax pama- u Well as subs aria suppliers yvoaing fez partidpMlbn: prime cennadacs and wnsultants most p roNan iNormatlan Far Numbara i•; Sr end op antl, ib[rub rywlee arty InbmtYlon tbey nave 1pf Numbers s, e• �• aria 6. T1W loran must be xubminatl wnb [be da pacbga. .e..n rulo number 38-1809965 ,ono- � Douglas N. Hieaeins_ Inc. ..r��ber: a;n_vv¢_31an u.-aaa.en. 4485 Entero 9s¢ Ave. Np� Ina FT. 461 n6 F Plnn [stebllsnee: _-. __ � R:= FativalTulP Number: rim. Nam.: 63-0328194 e.e x oae vamoee Annualcwss Aecaipu less than Oamimm� RohetaY L'sons Plumbing vnnne erumtian 239-J3T-0123 en 9asm1111on n. Tadrasz 4a4 <`m. n'2a I(A1 X �M enis-io million Fnn Mva-e P1. 3;904 'Le vuMomeedor enii0-is mflllon Subzmm�hvn[ r eamani is mNllbn o._:: :. Yw+Fl.m en:mlih.a: Peawal raulo Number: 6s-o6'!s'Isl a:® ova - �Orosi aecxpta man9amn _n.m rvame: rc mP•m n...: e ..F ...'Inn n.= rvm-oee x aP - Peone taumbur: Di9_O•IA_;Ilfi rraa n±l-a n Yvon a. n aYers (hail Ta �M m sL ;A;S Flo uRl•+ ;e1;6 P-B aubcomrattbr 'la aenvl6 mlllen ➢ubcoYultanl athani NIIon 9. Yee+flrm estebllshea: Page 8 of 9 / 1 c.t``� STA Tl: OONTRAC:T I'20VISIONS ANO ASSIl F2ANC:[S �.ID O➢➢IJRTV NITY L19TIFOR CONIMOCVTIES ANP G'OI'YIRACT VAL SER VIL'FS A14V ➢RUFESSIOTIAL COPBVLTgPR LEPVICES ems♦ <.,/~)i ei�cu�vNunry Mnl mpe anly ven oµn ep as).mvv enw maca�rt eRMb +vlRr lvahrNanNtvitntt mm�tnn4fonm 1 Ml)ouglns artma mmnaor/vnmocmuwtent. N`FIIARivec In n Ga rasantl aF.ua v<ambee Y4A56n1cryr16c AVe.•Nap1e; R13U0<-(339)]9.1-3130 pmmrcmant Uan+b ayq 0.xrlleavan[Ilombar: A339 .v4lnlentlatM1nbea MUSnEollimY YnMre•or aYenapllnQlq pani[Ipate en MnpiWen uOebova.i aY rod "+pberl.gaa Yrlmaa n vnll v anbx vne p+pFlRrs trrraMrd in \sort moat ueldxln/w ztlen unbar !•mtlry n4 aLaulal vro'Aea anv intttmetion tlnvL+n'a[Ionnm+barc •6�;a au.Tu r«m maut 'etP�dad nzr rm+ a.r a Yrla efnmber. A3-n5 L113] e.e ne! al Yrnaa nacaipts e;m Caa caul l a Civuuo Lr 1 X Ym�m! _l'YC ban 33y_693-0ODU+ I1I—��Lj =1linPNcn U. lEtlmv (^ a O' �B t n m:.aort wr n.von J.I '(I Lnbcer.�uVm IIII_IJJIBeI a3] �I elhenao-alRllon ebIISMA; rel=_• ivmbM 3RnRR]1966 e.� alomvi F.ecHp; um Ln pin nJrutr ca of ➢ln Ibn Yn! Rw n51�e baa. oa^_ _ �I IMn n..auarr ,a wam,s scu rrzaor. �y'`a ILe�,.xxtr.+s, m�. ''e .ru..,axxaan. I x�n .[«u..nsas mvnoa 5. Year nm+[stabllahe[I: petlerzl Tat lonn:nbae _ R3)4.1 ate: Aeme e.� pA. oei Iramme MEvon Gas a'p6 n¢i ar55-a nhana nvmlvn lA ln�h n a. aLVwf � IyV. X a s `' x s.aeaanawlxt LL w.n.�eumwllon e. mr...n. aamn,b.Y: Mual iubnunMac 20-SAiN�\eR m6na a ]]Pc ti<rvlcc y ahabe[mmbee _1 _ tltl nC 9G^ns P 9. Yma Ilan eEablbbae: �:; � _. ➢age fl of 9 STATB C:ONTRAOT PROVI5JON5 ANU ASSUI2ANC13S �ID OPVCI RTUI'IIIY LIiT FUR f.O1NMODITIEB AI'I OCCOI+ITRgI-f VAL 6EAV ICES HMO PROFE55101'lAL COI'ISULTg1.fFvEAVICGS In xen y��faa+l [x vs)�a :e l,m Ive�rc n^'a�r,�e�, ax�osrhn �r`we �a .�gon x�iamean• F p[M.a ronuaow/Gtlnu [evNlana. po r1veN H'xvine la Irocuwmena 4umtn/ALvaa�Namanl pumice 2tl-P9J] hallo balonLblauavdle Lea1411aq al Nmrthataw•nra anldyaluvn pw p.o)en nwniwradaDn». 1AaIHl must L.deasum IatRd.•n6 nG 9uolingu plm wRnB ler part!c�Pi11aI roMNinl Srontlq rssS xFnuhpmvtde,rnYlnlo.mallun lhr/Nw(aveumba� 5• .nt[d O.ITMa lo.m num aanWnlltW fWlht ehYl�pa�h - Pada..f Ta. mrmmbea. aa46_211252C ape lo.n.xPw+.pa plmne elramaDan Ga'e rQxaax p� Ilan. an[ a Lanv anMSen 513-129tl en i i-e mIDiw n. nae.ea, n'19 ].�s�bem�.... u.,p.� p�p. a,�:.wls .mte� I�l =.oan:-s mennn rs. ..a.nmlamm�xn+a: pone gears 1 tmmbm ri[n. mGea. a. ntld.aax . flnn maw WwheJ: 25-'A239D� 2n g131-95R2 Me r'n Pkwu gte. 118 FL M c e. FL 3396fi 19R3 • e•ne -oe• X T.L u racn.oae 1 rsukconceXen[ �moa nacaµa 11�—F1 ani i�im%a 11I1���I • a-lo m!Vlm I�len e n mlbllua as pwn3vm4.1 n Psdara xlpammOv: 65-0922586 0.� alomax axcKpw p.l._1 _ in eb TmndHng X Imo-oae jII���j( Si Plron¢ mbm 7iO mSWen a h ama. nRaP3-990n a n. ns: umn _�s6 gLl PL Mve s. PL 399D3 Z� s'D'a�l43nr taars mYllan IL-l( ^ t I I Ie qaS n3umPllen a99 Iurupv p.� p nen-oee ptlarreax ya e. ���dw53+n T � utrovulevut I milllav s. Yeax Plrm •rtxWxhal: Page O of 9 CAO STATE CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Acimowl¢d em¢nt oY Terma. Condttlona and Gran[ Clansea Rlow Down ol'Terms And CondHimts tl-om Hte Grant Agreement 3nbcon tracts: if the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available [o the Deparhnent for review and approval. The ventlor agrees to include bt the subcontract that (1) the subconn�acior is bound by the terms of this Agtxem enq (ii) the subconnsetor is bound by all applicable stale and Federal laws and regulations, end (i ii) the subcontractor shell hold the Departmeui and Recipient harmless against all claims of whatever nature arising out oY the subcontractor's performance of work under this Agreemenq to the extent allowed and required by law. The reclplwit shall document in the quarterly report the subconb�actor's progress i performing its work under this agreement. For each subcontracts the Recipient shall provide a written statement [o the Deparnnent as to whether the subcontractor is a minority vendor as Aefned bt Section 288.']03, Fla. S[al. CeftfRCAtfOn Ou behalf of my firm, 1 acknowledge, and agree to perform all of cite specifications and grant requiremenrs tdenti£ed in [his solicitation documant(s). Vendor/Contractor Name �f�in//tgiws N/�Ftiggin� do Date 4/I8/24 Authorized Signature t ✓" ""X lA -It<-r�F-t—' Kelly A. lkiq VP Address 4485 Enterprise Ava.. Nantes. FL 34104 Solicitation/Contract N Page 9 of 9 CAO