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BCC Agenda 07/23/2024 Item #16B 1 (ITB Contract #23-8188 for the West Vanderbilt Dr Sidewalk & Landscape Improvements w/Infinite Construction, LLC)07/23/2024 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (“ITB”) No. 23-8188, “West Vanderbilt Drive Sidewalk & Landscape Improvements,” to Infinite Construction, LLC, in the amount of $389,171.98, approve the Owner’s Allowance of $30,000, and authorize the Chairman to sign the attached Agreement. OBJECTIVE: To award a construction contract for the beautification and safety improvement project “West Vanderbilt Drive Sidewalk & Landscape Improvements.” CONSIDERATIONS: This project proposes to reconstruct landscaping and sidewalks providing beautification and safety within the Vanderbilt Beach Beautification Municipal Services Taxing Unit (the “MSTU”). On November 17, 2023, the Procurement Services Division issued ITB No. 23-8188, “West Vanderbilt Drive Sidewalk & Landscape Improvements.” The sidewalk and landscape improvement project will begin west of Launch Circle along Vanderbilt Beach Road and continue to the northwest corner of Vanderbilt Drive. The County received four bids by the January 19, 2024, submission deadline, as summarized below. Respondents: Company Name City County State Bid Amount Responsive/ Responsible Infinite Construction, LLC Ft. Myers Lee FL $389,171.98 Yes/Yes MasTec North America, Inc. Bonita Springs Lee FL $414,946.99 Yes/Yes Coastal Concrete Products LLC Ft. Myers Lee FL $512,969.00 Yes/Yes GRSC Inc. Stuart Martin FL $361,000.02 No/Yes Staff reviewed the bids received and determined that Infinite Construction, LLC, is the lowest responsive and responsible bidder. GRSC Inc. was deemed non-responsive for failing to submit all line-item pricing in conformance with the bidding requirements. The Landscape Architect of Record, McGee & Associates, evaluated Infinite Construction’s references and found it had acceptable experience on previous work of a similar magnitude and has the skill, business standing, and ability to complete the work as required under the proposed Agreement. The low bid amount is approximately 25.7% higher than the Architect’s Opinion of Probable Cost, which is attributed to material and labor cost increases. Staff concluded bidding was competitive and representative of market conditions. Staff recommends that the attached Agreement be awarded to low bidder Infinite Construction, LLC, in the total bid amount of $389,171.98. In addition to the bid amount, staff has allocated $30,000.00 in an Owner’s Allowance for the County’s use if unanticipated and unforeseeable site conditions are encountered during construction. The Owner’s Allowance is not a guaranteed portion of the contract amount, but it will be included in the Purchase Order so that it can be used as directed by the County, if necessary. This item is consistent with the Collier County strategic plan focus area Quality of Place and the objective to support and enhance our commitment to robust public safety services. FISCAL IMPACT: The total contract cost is $389,171.98 with an additional $30,000 for Owner’s Allowance. Funds in the amount of $419,171.98 are available in the Vanderbilt Beach MSTU Fund (1617-162543) to cover costs associated with this agreement. GROWTH MANAGEMENT IMPACT: This item supports the transportation element objective to encourage neighborhood involvement in the establishment and maintenance of safe and pleasant conditions for the residents, pedestrians, bicyclists, and motorists on neighborhood streets, which are not classified as arterials. 16.B.1 Packet Pg. 327 07/23/2024 LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: Recommendation to award ITB No. 23-8188, “West Vanderbilt Drive Sidewalk & Landscape Improvements,” to Infinite Construction, LLC, in the amount of $389,171.98, approve the Owner’s Allowance of $30,000, and authorize the Chairman to sign the attached Agreement. PREPARED BY: Judith Sizensky, Project Manager II, PTNE ATTACHMENT(S) 1. 23-8188 Insurance_Infinite (PDF) 2. 23-8188 Insurance_Auto_Infinite (PDF) 3. 23-8188 DELORA (PDF) 4. 23-8188 NORA (PDF) 5. 23-8188 Bid Tabulation (PDF) 6. [linked]23-8188 Vendor Signed _ Infinite 7. Map-West Vanderbilt Drive Project 23-8188 (PNG) 16.B.1 Packet Pg. 328 07/23/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.1 Doc ID: 29291 Item Summary: Recommendation to award ITB No. 23-8188, “West Vanderbilt Drive Sidewalk & Landscape Improvements,” to Infinite Construction, LLC in the amount of $389,171.98, approve the Owner’s Allowance of $30,000, and authorize the Chairman to sign the attached Agreement. Meeting Date: 07/23/2024 Prepared by: Title: – Public Transit & Neighborhood Enhancement Name: Judy Sizensky 06/21/2024 7:16 AM Submitted by: Title: – Public Transit & Neighborhood Enhancement Name: Brian Wells 06/21/2024 7:16 AM Approved By: Review: Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 06/21/2024 8:05 AM Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 06/21/2024 9:00 AM Transportation Management Operations Support Zornitsa Stankova TMSD Reviewer Completed 06/21/2024 11:32 AM Transportation Management Operations Support Tara Castillo TMSD Reviewer Completed 06/24/2024 10:36 AM Road Maintenance Judy Sizensky TMSD Reviewer Skipped 06/24/2024 1:09 PM Unknown Sarah Hamilton Other Reviewer Completed 06/24/2024 2:19 PM Public Transit & Neighborhood Enhancement Brian Wells Director Review Completed 06/24/2024 3:44 PM Procurement Services Sandra Srnka Procurement Director Review Completed 06/26/2024 11:34 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/28/2024 8:55 AM Transportation Management Services Department Trinity Scott Transportation Completed 07/11/2024 10:13 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/11/2024 10:54 AM Office of Management and Budget Agnieszka Chudy OMB Reviewer Completed 07/11/2024 2:02 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/11/2024 4:34 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/12/2024 2:44 PM Board of County Commissioners Geoffrey Willig Meeting Pending 07/23/2024 9:01 AM 16.B.1 Packet Pg. 329 16.B.1.a Packet Pg. 330 Attachment: 23-8188 Insurance_Infinite (29291 : 23-8188 West Vanderbilt Drive Sidewalk & Landscape Improvements) 16.B.1.b Packet Pg. 331 Attachment: 23-8188 Insurance_Auto_Infinite (29291 : 23-8188 West Vanderbilt Drive Sidewalk & Landscape Improvements) McGee & Associates Landscape Architecture Design * Environmental Management * Planning * Arborist 5079 Tamiami Trail East / P. O. Box 8052 Naples, Florida 34101 Phone (239) 417-0707 * Fax (239) 417-0708 mcgeeassoc@aol.com FL LA0000864 * FL 1023A Trevor Adaline, Procurement Strategist I Collier County Procurement Services 3295 Tamiami Trail East Naples, Florida 34112-5361 Date: 04/30/2024 RE: Design Entity Letter of Recommendation Award Solicitation No. 23-8188 Vanderbilt Drive Sidewalk & Landscape Improvements Mr. Adaline: Solicitation No. 23-8188 bids were received for the above-referenced project by Collier County on 01/19/2024. McGee & Associates (Landscape Architect of Record – LAOR) has completed our review of the bid submitted, bid tabulation, bidder’s submittal, and response documents by the lowest bidder for this project, and we are pleased to provide the following award recommendation. The scope of the Vanderbilt Drive Sidewalk & Landscape Improvements installation project is installing right-of-way sidewalks, roadway curbing, landscape, and irrigation improvements. Collier County Procurement’s review of the bid tabulations determined that the apparent low bidders is Infinite Construction, LLC with a bid of $389,171.98. As the LAOR we were provided with the bid schedule for Infinite Construction, LLC, the low bidder. Infinite Construction, LLC bid is approximately 25.736% higher than our LAOR Opinion of Probable Construction Cost (OPC) of $309,514.00. In general, this 25.736% higher pricing would be related to higher materials and labor cost increases. References were provided, and the completed Vendor Reference Check Logs or communication for each reference are attached hereto. The project references provided by Infinite Construction, LLC were all contacted (via. e-mail) with read receipt confirmations. The LAOR has determined the references returned contained sufficient relevant experience with similar projects to demonstrate the required successful experience to complete the project. Infinite Construction, LLC is a limited liability corporation formed in 2013 in the State of Florida and has been authorized to transact business in the State of Florida since 2013. Infinite Construction, LLC is registered with the Florida Department of Business and Professional Regulation as a General Contractor, which registration is current. McGee & Associates (LAOR) has not previously worked with Infinite Construction, LLC. After reviewing the favorable performance reviews provided on the Vendor Reference Check Logs and its licensing, it appears that it is a qualified firm to conduct the requested work. McGee & Associates recommends Infinite Construction, LLC be awarded Solicitation No. 23-8188 Vanderbilt Drive Sidewalk & Landscape Improvements in the amount of $389,171.98. Should there be any questions, please feel free to contact our office. Michael A. McGee Michael A. McGee, rla, isa President, d,b,a, McGee & Associates LA0000864 Michael A McGee Digitally signed by Michael A McGee DN: CN=Michael A McGee, dnQualifier=A01410D0000018C12077A6800079336, O=Michael A McGee Landscape Architect PA, C=US Date: 2024.04.30 15:19:56-04'00' 16.B.1.c Packet Pg. 332 Attachment: 23-8188 DELORA (29291 : 23-8188 West Vanderbilt Drive Sidewalk & Landscape Improvements) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8188 Reference Check by: James Zuver Solicitation Title: West Vanderbilt Drive Sidewalk & Landscape Improvements Date: 4/29/2024 Bidder’s Name: Infinite Construction, LLC Phone: 239-252-1328 Design Entity: McGee & Associates REFERENCED PROJECT: Project Name: Livingston Sidewalk Improvements Project Location: Livingston Road, Naples Project Description: Completion Date: 2018 Contract Value: $222,490.57 Project Owner/Title: Owner’s Address: Phone: 239 253 1999 Owner’s Contact Person: James Zuver Field Inspector II E-Mail: James.zuver@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 warranty was neccesary 7. Additional comments: Great to work with 16.B.1.c Packet Pg. 333 Attachment: 23-8188 DELORA (29291 : 23-8188 West Vanderbilt Drive Sidewalk & Landscape Improvements) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8188 Reference Check by: Michael A. McGee Solicitation Title: West Vanderbilt Drive Sidewalk & Landscape Improvements Date: 04/16/2024 Bidder’s Name: Infinite Construction, LLC Phone: 239-289-5545 Design Entity: Michael A. McGee, Landscape Architect, P.A., d.b.a. McGee & Associates REFERENCED PROJECT: Project Name: Cockleshell Dr Sidewalk Improvements Project Location: Cockleshell Dr in Bonita Springs Project Description: Sidewalk Improvements Completion Date: 2018 Contract Value: $222,490.57 Project Owner/Title: City of Bonita Springs, Florida Owner’s Address: 9101 Bonita Beach Rd., Bonita Springs, FL 34135 Phone: 239-949-6242 Owner’s Contact Person: Joel Langaney, Project Manager E-Mail: joel.langaney@cityofbonitasprings.org 1.Was project completed timely and within budget? (If not, provide detail) 2.Was the submittal/review process performed satisfactorily? (If not, provide detail) 3.Was the construction process performed satisfactorily? (If not, provide detail) 4.Did the process run smoothly? Were there any changes? Describe below. 5.Was the contract closeout process performed satisfactorily? (If not, provide detail) 6.Any warranty issues since closeout? Were they responded to and performed satisfactorily? 7.Additional comments: Yes Yes Yes It all ran smoothly. Yes None so far They are a very good company to work with. We would hire them again 16.B.1.c Packet Pg. 334 Attachment: 23-8188 DELORA (29291 : 23-8188 West Vanderbilt Drive Sidewalk & Landscape Improvements) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8188 Reference Check by: Michael A. McGee Solicitation Title: West Vanderbilt Drive Sidewalk & Landscape Improvements Date: 04/16/2024 Bidder’s Name: Infinite Construction, LLC Phone: 239-289-5545 Design Entity: Michael A. McGee, Landscape Architect, P.A., d.b.a. McGee & Associates REFERENCED PROJECT: Project Name: Maddox Lane Sidewalk and Drainage Project Location: Maddox Lane – Bonita Springs Project Description: Sidewalk and Drainage Project Completion Date: 2022 Contract Value: $585,805.49 Project Owner/Title: City of Bonita Springs Florida Owner’s Address: 9101 Bonita Beach Rd., Bonita Springs, FL 34135 Phone: 239-949-6242 Owner’s Contact Person: Joel Langaney, Project Manager E-Mail: joel.langaney@cityofbonitasprings.org 1.Was project completed timely and within budget? (If not, provide detail) 2.Was the submittal/review process performed satisfactorily? (If not, provide detail) 3.Was the construction process performed satisfactorily? (If not, provide detail) 4.Did the process run smoothly? Were there any changes? Describe below. 5.Was the contract closeout process performed satisfactorily? (If not, provide detail) 6.Any warranty issues since closeout? Were they responded to and performed satisfactorily? 7.Additional comments: Yes Yes Yes Everithing ran smoodly and when problems arized they solved them to our satisfaction Yes None so far They are a very good company to work with. We would hire them again 16.B.1.c Packet Pg. 335 Attachment: 23-8188 DELORA (29291 : 23-8188 West Vanderbilt Drive Sidewalk & Landscape Improvements) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8188 Reference Check by: Michael A. McGee Solicitation Title: West Vanderbilt Drive Sidewalk & Landscape Improvements Date: 4/17/24 Bidder’s Name: Infinite Construction, LLC Phone: (239)289-5545 Design Entity: Michael A. McGee, Landscape Architect, P.A., d.b.a. McGee & Associates REFERENCED PROJECT: Project Name: North Naples Various Sidewalks Project Location: North Naples, FL Project Description: Various Sidewalk Projects Completion Date: 2020 Contract Value: $600,000.00 Project Owner/Title: Collier County Owner’s Address: 3335 Tamiami Trail E. Ste. 101, Naples, FL 34112 Phone: 239-253-3170 Owner’s Contact Person: Shannon Bassett, Sr. Field Inspector E-Mail: Shannon.bassett@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, on this subcontractor’s part 3.Was the construction process performed satisfactorily? (If not, provide detail) Yes, on this subcontractor’s part 4.Did the process run smoothly? Were there any changes? Describe below. Yes, on this subcontractor’s part. Field changes were handled in a timely manner. 5.Was the contract closeout process performed satisfactorily? (If not, provide detail) They were not part of this process 6.Any warranty issues since closeout? Were they responded to and performed satisfactorily? Not on their portion of the project 7.Additional comments: 16.B.1.c Packet Pg. 336 Attachment: 23-8188 DELORA (29291 : 23-8188 West Vanderbilt Drive Sidewalk & Landscape Improvements) Notice of Recommended Award Solicitation: 23-8188 Title: West Vanderbilt Drive Sidewalk & Landscape Improvements Due Date and Time: January 19, 2024, at 3:00 PM EST Respondents: Company Name City County State Bid Amount Responsive/Responsible Infinite Construction, LLC Ft. Myers Lee FL $389,171.98 Y/Y MasTec North America, Inc. Bonita Springs Lee FL $414,946.99 Y/Y Coastal Concrete Products LLC dba Coastal Site Development Ft. Myers Lee FL $512,969.00 Y/Y GRSC Inc. Stuart Martin FL $361,000.02 N/Y Utilized Local Vendor Preference: Yes No N/A Recommended Vendor(s) For Award: On November 17, 2023, the Procurement Services Division issued Construction Invitation to Bid (ITB) No. 23- 8188, West Vanderbilt Drive Sidewalk & Landscape Improvements, to thirty-six thousand and twelve (36,012) vendors. The bid was advertised for a total of sixty-three (63) days. Sixty-nine (69) vendors viewed the bid package and the County received four (4) bids by the January 19, 2024, deadline. Staff reviewed the bids received. Three (3) bidders were deemed responsive and responsible as shown above. GRSC Inc. was deemed non-responsive due to failing to submit all line-item pricing in conformance with the bidding requirements. Staff determined that Infinite Construction, LLC is the lowest responsive and responsible bidder. Staff recommends the contract be awarded to Infinite Construction, LLC, the lowest responsive and responsible bidder, for a total bid amount of $389,171.98. In addition to the bid amount, staff has allocated $30,000.00 in Owner’s Allowance, for Owner’s use as directed. Contract Driven Purchase Order Driven Required Signatures Project Manager: Procurement Strategist: Procurement Services Director: __________________________________ _________________ Sandra Herrera Date DocuSign Envelope ID: 0050041C-097E-426C-B151-21A5A09F89D6 6/4/2024 6/4/2024 6/4/2024 16.B.1.d Packet Pg. 337 Attachment: 23-8188 NORA (29291 : 23-8188 West Vanderbilt Drive Sidewalk & Landscape Improvements) LINE # BID / PAY ITEM NUMBER BID / ITEM NAME UNIT QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE1 101‐1 MOBILIZATIONLS 1 49,841.30$             49,841.30$             ‐$                          ‐$                        75,000.00$             75,000.00$            48,636.25$             48,636.25$             35,000.00$    35,000.00$             2 102‐1 MAINTENANCE OF TRAFFIC (MOT)LS 1 18,732.00$             18,732.00$            59,900.00$             59,900.00$            35,000.00$             35,000.00$            20,000.00$             20,000.00$             10,500.00$    10,500.00$             3 104‐10‐3 SEDIMENT BARRIER ‐ SILT FENCINGLF 619 5.25$                       3,249.75$              6.96$                       4,308.24$              5.00$                       3,095.00$              3.25$                       2,011.75$               3.00$              1,857.00$               4 107‐2 MOWINGLS 1 5,400.00$               5,400.00$              800.00$                  800.00$                 6,000.00$               6,000.00$              10,000.00$             10,000.00$             500.00$          500.00$                  5 110‐1‐1 CLEARING AND GRUBBING ‐ TO INCLUDE BUT NOT LIMITED TO REMOVAL OF SABAL PALMS AND EXISTING BRICK PAVERS LS 1 11,900.00$             11,900.00$            7,500.00$               7,500.00$              35,000.00$             35,000.00$            23,000.00$             23,000.00$             10,000.00$    10,000.00$             6 110‐4‐10 REMOVAL OF EXISTING CONCRETESY 512 36.40$                    18,636.80$            61.00$                    31,232.00$            35.00$                    17,920.00$            36.00$                    18,432.00$             45.00$            23,040.00$             7 160‐4 TYPE B STABILIZATIONSY 10 992.00$                  9,920.00$              900.00$                  9,000.00$              350.00$                  3,500.00$              35.00$                    350.00$                  100.00$          1,000.00$               8 285‐711 OPTIONAL BASE, BASE GROUP 9SY 10 983.00$                  9,830.00$              900.00$                  9,000.00$              450.00$                  4,500.00$               ‐$                          ‐$                         120.00$          1,200.00$               9 327‐70‐6 MILLING EXISTING ASPHALT PAVEMENT, 1.5" AVG. DEPTHSY 120 52.88$                    6,345.60$              82.80$                    9,936.00$              600.00$                  72,000.00$            100.00$                  12,000.00$             150.00$          18,000.00$             10 334‐1.53 SUPERPAVE ASPHALTIC CONC. TRAFFIC C, PG 76‐22TN 2 3,005.00$               6,010.00$              140.00$                  280.00$                 7,200.00$               14,400.00$            100.00$                  200.00$                  500.00$          1,000.00$               11 337‐7‐25 ASPHALTIC CONCRETE FRICTION COURSE (FC‐12.5, PG 76‐22)TN 10 1,006.00$               10,060.00$            140.00$                  1,400.00$              2,500.00$               25,000.00$            26.50$                    265.00$                  500.00$          5,000.00$               12 400‐1‐25 CLASS 1 CONCRETECY 60 400.60$                  24,036.00$            1,566.00$               93,960.00$            800.00$                  48,000.00$            200.00$                  12,000.00$             820.00$          49,200.00$             13 425‐6 VALVE BOXES, ADJUSTEA. 2 540.00$                  1,080.00$              350.00$                  700.00$                 1,200.00$               2,400.00$              300.00$                  600.00$                  760.00$          1,520.00$               14 520‐1‐10 CONCRETE CURB & GUTTER, TYPE FLF 209 30.00$                    6,270.00$              35.25$                    7,367.25$              42.00$                    8,778.00$              46.00$                    9,614.00$               56.00$            11,704.00$             15 522‐2 CONCRETE (SIDEWALK) 6" THICK (3000 PSI)SY 168 81.66$                    13,718.88$            234.00$                  39,312.00$            96.00$                    16,128.00$            112.50$                  18,900.00$             95.00$            15,960.00$             16 526‐1‐1 PAVERS, ARCHITECTURAL, ROADWAYSY 34 320.64$                  10,901.76$            157.50$                  5,355.00$              155.00$                  5,270.00$              180.00$                  6,120.00$               195.00$          6,630.00$               17 526‐1‐2 PAVERS, ARCHITECTURAL, SIDEWALKSY 331 178.82$                  59,189.42$            157.50$                  52,132.50$            155.00$                  51,305.00$            180.00$                  59,580.00$             165.00$          54,615.00$             18 527‐2 DETECTABLE WARNINGSSF 56 94.46$                    5,289.76$              65.00$                    3,640.00$              40.00$                    2,240.00$              369.00$                  20,664.00$             38.00$            2,128.00$               19 570‐1‐2 PERFORMANCE TURF, SOD ‐ BAHIASY 300 20.57$                    6,171.00$              22.50$                    6,750.00$              18.00$                    5,400.00$              0.85$                       255.00$                  6.00$              1,800.00$               20 999‐1 PAVEMENT MARKINGS, FINAL SURFACE ‐ CURBING, SIDEWALK PERIMETERS AND REMOVABLE AREAS LS 1 5,400.00$               5,400.00$              5,000.00$               5,000.00$              7,500.00$               7,500.00$              5,000.00$               5,000.00$               3,500.00$       3,500.00$               21 999‐2 SIGNED AND SEALED AS‐BUILT RECORD DRAWINGSLS 1 7,000.00$               7,000.00$              1,000.00$               1,000.00$              11,000.00$             11,000.00$            25,000.00$             25,000.00$             3,000.00$       3,000.00$               22 1‐1 ROW PERMITTING‐ALL COSTS INCLUDING FEESEA. 1 7,000.00$               7,000.00$              4,200.00$               4,200.00$              4,500.00$               4,500.00$              11,200.00$             11,200.00$             5,000.00$       5,000.00$               PROJECT SIDEWALK & ROADWAY TOTAL295,982.27$   352,772.99$   453,936.00$   303,828.00$   262,154.00$   LINE # BID / PAY ITEM NUMBER BID / ITEM NAME UNIT QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE23 580‐1‐102 SHRUBS‐SR ‐ SUPPLY & INSTALL: STRELITZIA REGINAE ‐ 15 GAL., 3‐PPP, ORANGE BIRD OF PARADISE EA. 6 507.60$                  3,045.60$              312.00$                  1,872.00$              250.00$                  1,500.00$              240.00$                  1,440.00$               125.00$          750.00$                  24 580‐1‐104 GROUND COVERS ‐ BH ‐ SUPPLY & INSTALL: BULBINE FRUTESCENS 'HALLMARK' ‐ 1 GAL., FULL, ORANGE BULBINE, 18" O.C. EA. 158 12.60$                    1,990.80$              26.00$                    4,108.00$              9.00$                       1,422.00$              8.50$                       1,343.00$               6.50$              1,027.00$               25 580‐1‐103 GROUND COVERS ‐ DB ‐ SUPPLY & INSTALL: DIETES BICOLOR ‐ 3 GAL., YELLOW AFRICAN IRIS EA. 49 29.39$                    1,440.11$              65.00$                    3,185.00$              25.00$                    1,225.00$              18.00$                    882.00$                  15.00$            735.00$                  26 580‐1‐104 GROUND COVERS ‐ AG ‐ SUPPLY & INSTALL: ARACHIS GLABRATA 'ECOTURF' ‐ 1 GAL., FULL, PERENNIAL PEANUT, 18" O.C. EA. 612 12.60$                    7,711.20$              6.50$                       3,978.00$              9.00$                       5,508.00$              8.50$                       5,202.00$               6.50$              3,978.00$               27 580‐1‐105 ORGANIC MULCH ‐ SUPPLY & INSTALL: MULCH ‐ COLORED GRADE "A" SHREDDED, 2 CU. FT. BAGS, 3" DEPTH BAG 320 11.70$                    3,744.00$              6.50$                       2,080.00$              15.00$                    4,800.00$              10.00$                    3,200.00$               6.00$              1,920.00$               28 580‐1‐106 PALMS ‐ BS ‐ SUPPLY & INSTALL: BISMARCKIA NOBILIS 'SILVER' ‐ 10' CW. HT., SILVER BISMARCK PALM ‐ SPECIMEN EA. 2 5,520.00$               11,040.00$            195.00$                  390.00$                 2,500.00$               5,000.00$              3,400.00$               6,800.00$               3,000.00$       6,000.00$               29 580‐1‐107PALMS ‐ AM ‐ SUPPLY & INSTALL: ADONIDIA MERRILLII ‐ 6'‐12' CW. HT.,15' OA. HT. TRIPLE TRUNKS STAGGERED HTS., CHRISTMAS PALM ‐ SPECIMENEA. 9 1,620.00$               14,580.00$            260.00$                  2,340.00$              850.00$                  7,650.00$              1,875.00$               16,875.00$             950.00$          8,550.00$               30 570‐1‐101 GRASS ‐ SAT ‐ SUPPLY & INSTALL: PERFORMANCE TURF ( ST. AUGUSTINE 'FLORATAM') ‐ PROPOSED TURF AREAS & REPAIRS S.F. 5,200 1.20$                       6,240.00$              2.50$                       13,000.00$            0.95$                       4,940.00$              0.85$                       4,420.00$               0.75$              3,900.00$               31 570‐1‐102 GRASS ‐ BT ‐ SUPPLY & INSTALL: PERFORMANCE TURF (BAHIA) ‐ PROPOSED TURF AREAS & REPAIRS S.F. 1,200 1.85$                       2,220.00$              2.50$                       3,000.00$              0.65$                       780.00$                 0.85$                       1,020.00$               0.40$              480.00$                  PROJECT LANDSCAPE TOTAL52,011.71$     33,953.00$     32,825.00$     41,182.00$      27,340.00$      LINE # BID / PAY ITEM NUMBER BID / ITEM NAME UNIT QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE32 590‐70‐101INLINE DRIP TUBING SOURCE CONNECTIONS: 1" DIA. RED‐WHITE BRASS ISOLATION VALVE IN 10" DIA. ROUND PLASTIC VALVE BOX, STANDARD SIZE RECTANGULAR PLASTIC VALVE BOX WITH FILTER & PRESSURE REGULATOR PER DETAIL, VALVE BOXES TO BE AS PRODUCED BY HIGHLINE, INC., ONE PER DRIP TUBE BED LAYOUT ON SUPPLY HEADER.EA. 6 540.00$                  3,240.00$              120.00$                  720.00$                 750.00$                  4,500.00$              111.67$                  670.02$                  125.00$          750.00$                  33 590‐70‐102FURNISH & INSTALL MAIN LINE: 2" PVC, 1120‐1220 CLASS 200 SOLVENT WELD IRRIGATION PIPING WITH PIPE FITTINGS. BY TRENCHING, SEE PLAN NOTES AND DETAILS.LF 10 30.00$                    300.00$                 10.00$                    100.00$                 4.50$                       45.00$                    186.90$                  1,869.00$               8.00$              80.00$                    34 590‐70‐103FURNISH & INSTALL LATERAL LINE: 3/4" THRU 2" PVC, 1120‐1220 CLASS 200 SOLVENT WELD IRRIGATION PIPING WITH PIPE FITTINGS. BY TRENCHING, SEE PLAN NOTES AND DETAILS.LF 900 14.40$                    12,960.00$            12.00$                    10,800.00$            3.65$                       3,285.00$              4.43$                       3,987.00$               4.50$              4,050.00$               35 590‐70‐104FURNISH & INSTALL: TORO 220‐227‐X‐5, 1.25" 220 SERIES BRASS ELECTRIC AC SOLENOID VALVE WITH PRESSURE REGULATOR, 2.5" RED WHITE 206 SERIES ISOLATION VALVE.  IN HIGHLINE, INC. JUMBO VALVE BOX , NOMINAL SIZE 26.3" X 19.8" X 12". LID TO READ "IRRIGATION".  6" EXTENSIONS AS NEEDED. "OR APPROVED EQUAL"EA. 1 1,680.00$               1,680.00$              549.00$                  549.00$                 1,320.00$               1,320.00$              1,747.00$               1,747.00$               850.00$          850.00$                  36 590‐70‐105HUNTER INLINE DRIP TUBE HDL‐06 ‐12 ‐ PC (.06 GPH, 12" O.C. EMITTERS) WITH PLD‐BARB FITTINGS, TUBE STAKING 5' O.C., ECO‐INDICATOR ON SWING ARM. INSTALL PER HUNTER INSTALLATION SPECIFICATIONS AND DETAILS, "OR APPROVED EQUAL"LF 1,600 8.10$                       12,960.00$            5.00$                       8,000.00$              1.58$                       2,528.00$              1.61$                       2,576.00$               3.50$              5,600.00$               37 590‐70‐106HUNTER INLINE DRIP TUBE AFV‐B AUTOMATIC FLUSH VALVE IN 6" DIA. ROUND PLASTIC HIGHLINE, INC. VALVE BOX, CONNECT WITH HDL‐BLNK TUBING, INSTALL PER HUNTER INSTALLATION SPECIFICATIONS AND DETAILS, "OR APPROVED EQUAL"EA. 6 180.00$                  1,080.00$              569.00$                  3,414.00$              750.00$                  4,500.00$              64.67$                    388.02$                  100.00$          600.00$                  38 590‐70‐107HUNTER INLINE DRIP TUBE HDL‐AVR AIR RELIEF VALVE IN 6" DIA. ROUND PLASTIC HIGHLINE, INC. VALVE BOX, CONNECT AND INTERCONNECT WITH HDL‐BLNK TUBING, INSTALL PER HUNTER INSTALLATION SPECIFICATIONS AND DETAILS, "OR APPROVED EQUAL"EA. 7 150.00$                  1,050.00$              290.00$                  2,030.00$              600.00$                  4,200.00$              379.57$                  2,656.99$               100.00$          700.00$                  39 590‐70‐108TORO 570Z SERIES SPRAYS 570ZPRX MODEL 570Z‐6P‐SI‐PRX WITH ADJUSTABLE SERIES SPRAY NOZZLES. RADIUS AND COVERAGE PATTERN VARY. INCLUDES PVC 1120‐1220 CLASS 200 SOLVENT WELD LATERAL PIPING FROM ZONE VALVES TO SPRINKLERS. "OR APPROVED EQUAL"EA. 49 132.00$                  6,468.00$              32.00$                    1,568.00$              70.00$                    3,430.00$              34.71$                    1,700.79$               110.00$          5,390.00$               40 590‐70‐109 FURNISH & INSTALL 4" DIA. SCH. 40 PVC IRRIGATION SLEEVES. SEE NOTES, SPECIFICATIONS AND DETAILS FOR INSTALLATION REQUIREMENTS. LF 80 18.00$                    1,440.00$              13.00$                    1,040.00$              30.00$                    2,400.00$              4.94$                       395.20$                  25.00$            2,000.00$               PROJECT IRRIGATION TOTAL41,178.00$     28,221.00$     26,208.00$     15,990.02$      20,020.00$      Bids Received: 4Project Manager: Judith SizenskyProcurement Strategist: Lindsey McNeal23‐8188 West Vanderbilt Drive Sidewalk & Landscape ImprovementsBid Tabulation Notifications Sent: 36,012Viewed: 69* Staff has allocated $30,000.00 in Owner’s Allowance – for Owners Use as Directed. This Allowance will be used only at the Owner’s direction to accomplish work due to unforeseen conditions and/or by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Orde with proper documentation of Time and Materials supporting the change.512,969.00$                                309,514.00$                           TOTAL BIDGRSC Inc.Infinite Construction, LLC MasTec North America, Inc.Coastal Concrete Products LLC dba Coastal Site DevelopmentEngineer's Estimate **Rounding error lines #32‐40**389,171.98$                                414,946.99$                                Non‐Responsive361,000.02$                                 16.B.1.ePacket Pg. 338Attachment: 23-8188 Bid Tabulation (29291 : 23-8188 West Vanderbilt Drive Sidewalk & Landscape Improvements) YesYesYes/NoCoastal Concrete Products LLC dba Coastal Site DevelopmentMasTec North America, Inc.YesYesYesYes/NoYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYes Statement of Experience of Bidder (Form 5)YesREQUIRED FORMS AND DOCUMENTS  Bid Schedule Bid Response Form (Form 1) Contractors Key Personnel Assigned to Project - (Form 2) Material Manufacturers (Form 3) List of Major Subcontractors (Form 4)Yes Trench Safety Act Acknowledgement (Form 6) Bid Bond (Form 7) Insurance and Bonding Requirements (Form 8) Conflict of Interest Affidavit (Form 9) Vendor Declaration Statement (Form 10) Immigration Affidavit Certification (Form 11) Addendums (1) E-VerifyYesYesYesYesYesYesOpened By: Lindsey McNealWitnessed by: Trevor AdalineDate: 01/19/2024 at 3:00 PM ESTW-9Yes Yes Yes* SunBiz LicenseYes Yes YesYesInfinite Construction, LLCGRSC Inc.Yes/NoYesYesYesYesYesYes/NoYesYesYesYesYesYesYesYesNon‐Responsive*Minor IrregularityYesYesYesYesYesYesYesYesYes16.B.1.ePacket Pg. 339Attachment: 23-8188 Bid Tabulation (29291 : 23-8188 West Vanderbilt Drive Sidewalk & Landscape Improvements) 16.B.1.g Packet Pg. 340 Attachment: Map-West Vanderbilt Drive Project 23-8188 (29291 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("County" or "Owner") hereby contracts with Infinite Construction, LLC. ("Contractor") of 6767 Dabney St, Fort Myers, FL 33966. a Florida Llmitad Liability Company, authorized to do business in the States of Florida, to perform all work ("Work") In connection with Wast Vandarbll! Drives Sidewalk 6 Lan tlscapa Im provamants, Invitation to Bid No. 23-Sf 88 ("Project"), as saltl Work is set forth in the Plans antl Specifications prepared by McGee 8< Associates, the Engineer and/ or Architect of Record ("Design Professional") and other Contract Docu mants hereafter specified. Owner and Contractor, for the consideration herein s¢i forth, agree as follows: Section �. Contract Doeu manta. A. Tha 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 Cha ngas, Field Orders, and amendments r¢lating thereto. All of the foregoing Contract Documents era Incorporated by reference and made a part of Yhis Agreement (all of said documents including the Agreement sometimes being referred to herein as [ha "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of th¢ Contract Documents shall be maintained by Contractor at the Protect site at all times during the performance of [ha Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of s¢ts of the Construction Documents, signed and sealed by the Design P rofasslonal, 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 the Work req uirad by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful partormanca by Contractor of the covenants in this Agreement [o 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: Threo Hundred Eighty -Nine Thousand One Huntlred Savanty-one Dollars and Ninety -sight Cants ($389,f 7'1.98). The amount of Thirty Thousand Dollars ($30,000) has boon allocated as an Owner's Allowance. Any allowance dollar amount that has bean includ¢d In th¢ Contractor's Bid Schedule amount is not a guaranteed portion of the aforementioned Contract Amoun[ 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 m¢morialized by the Partlas in writing (the "Owners Allowance"). Any dollar portion of an Owner's Allowance that Is not authorized by the Owner and memorialized by the Parties In writing, via Change Order, shall not be eligible for raimbursem¢nU payment by the Owner as part of a Payment Application submitted by the Contractor. S¢ctlon 4. Bonds. A. If applicable, the Contractor shall provtda Pertormanca and Payment Bonds, in the form prescribed in Exhibit B-t and B-2, in the amount of '100 % of the Contract Amount, the casts of t Cone4ucOon Services AgraemenT [2024_v r.'I] CPO which era to be paid by Contractor. The Parformanca and Payment Bonds shall ba undarwrittan by a surety authorized to do business in the Stales of Florida and otherwise acceptable to Owner; provldad, however, the surety shall meat the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Relnsuranca Companies" circular. This circular may ba accessed via the web at htt �//£ I i / tv-b d /II t- rt"f' d- I ht I. Should the Contract Amount be lass than $800,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the su raty. B. If the surety for any bond furnished by Contractor Is daclarad bankrupt, becomes Insolvent, its right to do business is terminated in the State of Florida, or it ceases to meat the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at Its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 6. ContreM Times and Llauitlatad Damaaas A. Time of Pertormanca. Time is of the essence in the partormance of the Work under this Agreement. Tha "Commencement Date" shall be ¢stablished in the written Notice to Proceed to be issued by the Project Manager, as harainaftar defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. Nc Work shall ba partormed at the Project sit¢ prior to the Commencement Data. Any Work partormed by Contractor prior to the Commencement Data shall ba at the sole risk of Contractor. Contractor shall achieve Substantial Com elation within Ninety (80) calendar days from the Commencement Date (herein "Contract Time"). Tha date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Profasslonal when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions lharaof) for the use for which it is intended, es more particularly defined herein at Section '16, Daflnad Terms. Contractor shall achieve Final Completion within Thirty (30) 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 accepted by the Owner as compiata and is so stated by the Owner as completed. As used herein and throughout the Contrect Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor racognlze that, since time Is of the essence for this Agreement, Owner will suffer financial loss if Contractor falls to achieve Substantial Completion within the time specified above, as said lima may be adjusted as provided for heroin. In such avant, the total amount of Owner's damages, will be tlifficult, {f not imposaibl¢, to deflnitaly 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 Six Hundred and Ninety-nine Dollars ($'1 ,699.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the avant Substantial Completion is reached, but the Contractor fails to reach Final Completion within the requlrad time parlod, Owner shall also ba entitled to assess, and Contractor shall ba Ilabla for all actual damages Incurred by Owner as a result of Contractor Failing to timely achieve Final Completion. Tha Project shall ba deemed to ba substantially completed on the data the ProJact Manager (or at his/her diractlon, the Design Profasslonal) issues a Certificate of Substantial Completion pursuant to khe terms hereof, and as more particularly defined harain at Section '16, Defined Terms. Contractor hereby expressly z Conatrucllon sarvlcae AgreamenF [2024_var.t] Cq0 waives and relinquishes any right which It may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Tima Periods. When any period of lime is referenced by days har¢i n, 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 Jurisdiction, such day shall ba omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, or legal holiday. D. Determination of Number of Days of Default. For all contracts, the Owner will count default days in calendar days. E. Right of Collection. Tha Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages du¢ under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Tima including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, thrcugh another contractor or its own forces, the Contractor and its surety shall continua to ba Ilabla for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work, as more particularly defined herein at Section 'I6, Dafin¢d 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 when the Contractor has com plated in Its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled [o final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be Ilabla to Owner to the extant Owner Incurs damages from a third pally as a result of Contractor's failure to Fulfill all of Its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to It arising out of or relating to this Agreement. Section 6. Exhibits In coroorated. Exhibits Incorporated: The following documents era expressly agreed upon, attached hereto, and made a par[ of this Agreement for Solicitation #23-81 BB, Wast Vanderbilt Drives Sidewalk S Landscape Improvements. 3 Conalrucgon Sarvlwa Agreement [2024_vec'n C:ACI Exhibit A-1: Contractor's Bld Schadul¢ Exhibit A-2: Contractor's Bid Submittal Forms and Addandums Exhibit A-3: Contractor's List of Ke Personnel Assi9 ned to the Project Exhibit 6-1: Payment Bond Form � Not Applicabl¢ Exhibit B-2: Performance Bond Form � Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D-1: Contractor Application for Payment Form Exhibit D-2: Schedule of Valuers Exhibit O-3: Stored Materials Record Exhibit D-4: Cash Flow Projection Exhibit E-1: Change Order Form Exhibit E-2 Work Directive Form Exhibit F-1: Certificate of Substantial Completion Form Exhibit F-2: Certificate of Final Completion Exhibit F-3: Punch List Form Exhibit G-1: Final Payment Checklist Exhibit G-2: Warranty Exhibit H: General Terms and Conditions Exhibit 1: Supplemental Terms and Conditions � Applicable ®Not Applicable Tha following documents are expressly agreed to ba incorporated by reference and made a part of this Agreement for Solicitation #23-8188, West Vendarbllt Drive Sidewalk 6 Landscape Improvements. The complete contract documents, Including Addendum with attachments, era available on the Cou nty'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 [arms of this Agreement and era available through the County's on-line bidding. Exhibit J: Technical Specifications O Exhibit K: Permits Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: MOGea 8 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 be deemed duly served it delivered by U.S. Mail or E-mail, addressed to the following: Collier County Board of County Commissioners, FL c/o Transportation Management Services 2885 Horseshoe Drive S Naples, FL 34104 Attn: Judith Sizansky, Project Manager II Phone: 239-252-4980 Email: Judith. Sizansky(t�colliarcountyFl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall ba deemed duly served it delivered by V.S. Mail, or E-mail, addressed to the following: 4 Construction Services AgreemanC [2024_vant] ��� Infl nits Construction, LLC 6757 Dabney Street Fort Myers, FL 3396fi Atfn: Paulius Kirilinas, President Phone: 239-826-t 268 Email: pki rliinas@inflconst.com C. Either party may change Its above noted address by giving written notice to the other party in accordance with the requirements of this Sacticn. Section 8. PU6LIC ENTITY CRIMES. 8.'I By its execution of this Contract, Construction Contractor acknowledges that it has bean informed by Owner of the terms of Section 287.'133(2)(a) of the Florida Statutes which read as follows: "A person or afftllata 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 ba awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the data of being Placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties Intended to ba bound by it. Section '10. 3uccessors and Asslcns. Subject to other provisions hereof, the Agreement shall ba binding upon and shall inures to the ban¢fit of the successors and assl9ns of the parties to the Agreement. Section ��. Governing Law, Tha Agreement shall be interpreted under, and Its partormance 9ovarnad by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of tim¢ any one or more of the provisions of the Agreamant shall not be construed to ba and shall not be a waiver of any such provision or previsions or of Its right thereafter to enforce each and every such provision. Section 13. Entire Acreamant. Each of the parties hereto agrees and represents that the Agreamant comprises the full and emir¢ agreement between the parties affecting the Work cont¢mplatad, and no other agreement or understanding of any nature concerning the same has bean entered Into or will ba recognized, and that all negotiations, acts, work pertormed, or payments made prior to the execution hereof shall be deemed merged in, Integrated, and superseded by the Agreamant. s Agreamant [2029_var.t] CAO Section 14. Savarability. Shoultl any provision of the Agreement be determined by a court to ba unanforcaable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Ghanaa Order Authorization. Tha Project Manager shall have the authority on behalf of the Owner to execute all Changes Ordara and Work Directive Changes to the Agreement to the aMant provided for under the Owner's Procurement Ordinance, as amended, and the terms of the Contract Documents. Section 16. Construction. (I) Any doubtful or ambiguous language coma load in this Agreement shall not ba construed against the party who physically prepared this Agreement. Tha rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on Its face to have been inserted for the banef{t 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 ba understood to be defined as expressly sat forth below. Other terms referenced in the Agreement shall ba understood as they may separately be defined herein or if not so defned shall ba understood consistent with their natural end ordinary meaning. (a) "Application for Payment" shall mean [he form provided by the Owner that is to ba used by the 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 funds that involves the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kintl to any real property owned or under the control of the Owner, which Work is being performed under a Construction Contract. (c) "Construction S¢rvices" shall mean all labor and materials to ba provided by Contractor in connection 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 to those documents described in Section 1, subsection A of lh¢ Agreement. (e) "Defective" shall mean an adjective which, when modifying the Work, refers to Work that Is unsatisfactory, faulty, deficient or othenvisa does not conform to the Contract Documents. (f) "Oapartment" shall mean the Department or Division Initiating and managing the Project on behalf of the Owner. (g) "Director" shall mean the Director or Administrator of the Department or Division initiating and managing the Project on behalf of fha Owner. s Conatnacllon aervicec Agraemenl: [2024_var.tl CAO (h) "Final Acceptance" shall mean acceptance of the Work by the Owner as evidenced by the signature of the Project Manegar or Design Professional upon the Cartlficat¢ of Final Completlon form, Exhibit F-2. Final Acceptance shall ba deemed to have taken place only if end when such signature is affixed to such c¢rtificata. The Certificate of Final Com elation shall be signed only after the ProJact Manager has assurance by teats, inspection, or otherwise that all of the provisions of the Contract Documents have been 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 perform the design, Construction Engineering and Inspection ("CEI") services, by an existing agreement, or resident in-house Owner ¢nginaering services for the Work. At times, Owner staff may pertorm the design for the Work in-house and shall ba considered th¢ Professional in relation to the Work or a particular portion of the Work. (j) "Project" shall mean the total construction, of which the Work to ba provided under the Contract Documents may be 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. (1) "Proper Invoice" shall mean an invoice that conforms with all statutory requirements and ail requirements specified in the Contract Documents. (m)"Punch List" shall m¢an the approved list of incomplete and/or deficient Work that shall ba completed by the Contractor after Su bstantlal Completion but before the Final Acceptance can be c¢rtifiad by the Project Manager. Tha Punch Llat enumerates the items required to render complete, satisfactory and acceptable all Work by the Contractor. Tha Punch List is developed by the Contractor, Owner and Professional (if any) In accordance with the provisions of the Contract and within the time frames required therein. Tha Punch List assantially includes Items of a minor natu ra; major Items must ba 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 into com ponant parts in sufficient detail to serve as the basis for measuring quantities in place and/or calculating amounts for progress payments tluring construction. The Schedule of Values shall be satisfactory in form and substance to the Project Manager. (o) "Substantial Completion" shall mean the status of completion of the Work which, (n the opinion of the ProJecl Menagar as evidenced by a definitive Certificate of Substantial Completlon, is complete in accordance with the Contract Documents, except for minor outstantling Items listed on the Punch List. Substantial Completion Includes, but Is not limited to, the following occurring: (1) the Work can be safely utilized for the purposes for which it was intended; (2) all regulatory agency requirements are satisfied, Including occupancy permits, operating certificates and similar releases, (3) all oparatlonal tasting has successfully occurred; (4) ail required training has successfully occurred; (5) all close-out v ConsGuttlon Sarvlcae Ag�aamenC [2024_var.1] C.AO documents (such as as -bull[ drawings, certifications, warrantless, guaranties, test reports, fast logs, operational manuals, etc.) have bean provided by the Contractor and accepted by the Owner, and perm f[ acceptance by permitting agencies, if applicable, Exhibit F-1. (p) "Work" shall mean the Work to be paAormed under this Agreement shall consist of furnishing all plant, tools, equipment, materials, supplies, and manufactured articles and for furnishing all transportatidn and services, including fuel, power, water, and essential communications, antl for the performance of all labor, work, or other operations required for the fulfillment of [ha Agreement in strict accordance with the Specifications, sch ed ulas, Drawings, and other Contract Documents as herein defined, all of which are made a part hereof, and including such detailed sketches as may ba furnished by the Professional from time to lima during construction in explanation of said Contract Documents. Tha Work shall be complete, and all work, materials, and services not expressly shown or called for In the Contract Documents which may ba necessary for the complete and proper construction of the Work in gootl faith shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no increase In cost to the Owner. (q) "Written Directive" shall mean a written directive and also referred to as work directive, es required by in Exhibit H, Sactlon '10.'1, in the form that appears in Exhibit E-2 that is issued to a Contractor from Owner in instances where the parties cannot agree on price and/or costs associated with work arising from tliffaring, u ntorasean or emergency site conditions and the work In question is part of the "critical path" of the contract schedule. A written tliractive should ultimately be followed up with an agreed upon Change Order. A verbal Work Directive may only ba issued in extraordinary emergencies when necessary to protect and promote the public interest. which shall be followed up with a written Work Directive within five (5) business days. Sactlon '17. Order of Precedence In [ha avant of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the Ganaral Terms and Conditions, the conflict shall ba resolved by imposing the more strict or costly obllgafion under the Contract Documents upon the Contractor at Owner's discretion. Remainder of page info ntionally left b1anK a Conatruc[bn Services Agreamank [2024_var.t) l% \_ �- IN WITNESS WHEREOF, the parties have executed this Agreement on the da[e(s) indicated below. 1 T O T SS S,�� II� . l FIR TWIT SS �V G� Cr��, Print ama SECON rWrI S �GI�Yl2t0 �rNNNQ-L`L Print Name ATTEST: Crystal K. Kinzal, Clark of Courts & Comptroller Date: Approved as to Form and Legality: County Attorney Print Names CONTRACTOR: Infinita Construotfon, LLC By: 7 ii7�+� � ct/� ��u�:J� �:r���'naSt�reSi dsL�- Print Names and Titles Date: �� ��� 1 �� OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIOA BY: Ch f H II ChaUman a conso-u�ua� servmaa nsraamanc lzaz+_.a..�l , _ i,n<,j EXHIBIT A-'1: CONTRACTOR'S BIO SCHEOU LE (FOLLOWING THIS PAGE) �O ConsVucllon S¢Mcea AH�eamanC [2024_var.'I] - - P� C_ O 4l R H '� c Y C! N a a -o c w=... N N L �C m _� S � 8 $52 _$ � a � 8 S 8 °° `� ^' 8 � Sp 8 ^ $$ aQ� ,gam � � �' �_ � 8� Cd p8 bi gS ui � � aSp 2i � � �r $� � gg Ff �_ E � 3_ Fn" 3 g$ 3_ � � i N 0 F » H �/s N pis h �� vs vw N Va H H N H. H N N [� H H N N � N N N H� h '�' M- $_ "f S S 8 8 R o $ � 8 8 m $ `� � N $H H $' � 3 :3 Ri � � K � � � �_ gSg m � m � � � m m Q 1� fyi e�V 6 � � ti ci �i $ g `d_ � $ Si .� K Z � � C _ � N �.�.��a.-r.-as%�rg- �rv�r$rv�'��m�8� �an�i e�%ar `� "J `�` `J' '� h � Tn � z r � � '-� Tn � h N "J � � � � u'�i ug .g. � W R 3 `" �g p � W � �22 � W 3� 8 .� � � s 2 x= a a � `.� z z 2 � � a Y m � � � � o � a§� � e "' �� �_ a Q LL N G a � c "' i � � % 8 " � 3 x ¢ � o 8 s � � � G F _ � � � � c ea =a m �` $ m z_ 8 � z_ S � � ' � � `J+ � � 8 � .� � .�.. g � y i � m F � "d � � � � � d � � m o � � `a o � _ z ��' oa � 3 � x � � �d � � S � g a a � � _ � G � o � � •� � � `� s c4 � � z z_ � m � z a F `4' � � � ¢ � W � � o o a �+ ��. d � i a� 8�� W� 30o `���` o �z s o � s "' G � � i� 3 B o a t¢9 `J � � � � 'o � � "d > � 8 a a o a � � iv t� � o a z z a a z s a a � �� e � � a� � $ � s ea � $ $ � $ $ $ s a g gq o a � � � � � � e � ti ti .o .`�.e M O M ti � � M s�� xs $ s � $ s s s g o s � � � o � � � � �. w m J Q �J u� �{ � LLJ � � LLJ a �y N .Z'. u] u] d0 � W Q W Sa w V � � � m N � ¢ _ a5 � � V ¢ „ 6 ¢ Z r � � � � Z��_ � � � Z � ¢ � 2 � g 0� ¢ C J� 2 0 � � � � W � Q � � � � b m � zo N o a � z W p �� � o� o z ¢ `' G s s 3 m =� d � d 3 0 3 � �¢ x g ����G � ������ �g��� z3 LL�� zza =a��� �z�3� ��66��� _oy 0 �� l 6' m 6� O� l' S� F S u l{ � gym.. W z o � m� � m € � c z¢ o � d m ... � R S 4' � 3 � 8 G (J G y a m � � � _ � e � � < s � � G � � z � - � � W i z� J 2 o� Z � �' F s m "m' � � � N1 ¢ ai y Qy O ^ � 3 s a�- � � x a � F� J s � s o s o ezr 3= o z z z i z c� i �� �. �. W z .�. F z .� O s m u ^ v� z � � a_ zz' � � z E. �' o &'3 � z_ d rs � to � z � � .9. LLs a - = 3 9. � $ x d x � � � s z � .. � s o a a g s a a a a d ¢ �, �. � d � _a �. $ 1d, $ a XI � m z ... «� �5S ..� .., � .., � O Q � C 9 m v F � s o G � v � c � o o � � a o � � 9 �V1�1 p� �p d 3d3 o O 3 A 'Ks � � � __ d � �_ O c 0 N 0 « � O � V � ¢ � � a; 3 = s ^� a � - � - C � �� � a o` $ � 3i3 x 3 m a R �r-. ^/�1 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE( it ConB[vGliOn SBrvie¢a Agreemanl: [2024_voL t] � � coi(;eY c®ti�ty .. Procurement Services Division COLLIER COT INTY a� �• CONSTRUCTION INVITATION TO BID POR WEST VANDERBILT DRIVE SIDEWALK 8i LANDSCAPE IMPROVEMENTS SOLICITATION NO.: 23-8188 LEEANN CUAur.ES, PROCUREMfiE;NI' STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TI2[lIL EAST, BLDG C-2 NAPLES, PLORIDA 34112 TELEPHONE: (239) 252-4270 Leeann.Charles r�colliercountvfl.eov (Email) This proposal solicitation document is prepared in a Microsoft Word Format (Rev 8/22/2019). Any alterations to this document made by the Vendor may 6e grounds far rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Govermnent. ConatrocMon so/ic)tat/on ooc rev 04952022 GAS cotes-.- coz,�ty ��,....--a,..�..e_..�.-_a,. Protalrerrtant Services Division I1V VITATLON TO HID - COLaNTY BID NO. 23-8188 West Vanderbilt Drive Sidewalk � Landscape Improvements Sealed bitls for the construction of West Vanderbilt Drive Sidewalk dt Lnndacape Improvements will ba receivetl electronically until 3:00 P.M. LOCAL TIME, on tfio 5 day o£ January 2024 on the Couary's on-Ifna biddiv t h '/ tl All bids will be publicly opanetl and read aloud. Any bitls received 91tcr the nee end data specified will no[ be accepted and shall ba reanrned unopened to the Bidder. The anticipated project budge[ is: $450,000. A non-mandarory pre -bid wn£erwce shall be held at Ne Procurement Services Division, Conf rent¢ Room A, at 30:00 a LOCAL TIME on the S tlay of Decamb¢r, 2023, a[ which time all proapeMiva Biddare may have questions enswer¢d regarding the Bidding Documents for this Pr jest. Bids shalt ba received online by the Hid Date of January S, 2024. No bid shall ba considered unless it is made on uttaltared Bitl farrtt which are ncludetl 3n the Bidding Documm[s. Orta contract will be awarded for all Work. Bidding Documents may be examined on , the Collie Couttty Prowremen[ Services Division Online Bidding System website: b�d / � Copies oFthe Bidding Documents may be obtained only ftom the denoted w¢bsite. Bidding Documents obtainetl from sources other tfien the Collier County Procurement Sarvicoa Divislw websiie may not ba awuret¢ or current. Beafi bid shell be accompanied by a certiliad or cashier's check or a Bid Bond in an amount not lase Otan five parowt (5^^/0) of th¢ total Hid to be retained ea liquidated damages in the event the Successful Bidder fails ro ¢xecuro the Agroemen[ end flla the required bonds and insurance within ten (]O) calendar drys after Ota recefpi of the Notice oP Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in Oto form atfaohetl hereto and incorporated herein. The Sucecsstbl Siddar shall be required to fvmish Tha necessary Payment and Partbrrnanca Bonder, as prescribed in the General Conditions of the Contract Documwta. All Bid Bonds, Prymwa and P¢aformanoe Bonds, Insurenca COntmot8 entl CertiFcates of rn eurance shall ba either executed by or wun[¢rsigneA by a licensed resident agent of the surety or insurance wmpeny having its pled¢ of business in the State of Ploride. Purher, tfia eeitl surely or insurance company shall be duly Ilcerued and qualified to tlo business in the Stet¢ of Plm�ida. Attorneys-in-f [that sign Bid Sonds or Prymant and Performanoe Bonds must file with each bond a cettifletl entl elTeoxive dated copy oftheir Power of Attorney. In order to perform public work, the Sucoessful Bidder shall, as applicable, hold or obtain such contreo[oYe and business licans¢s, carti2icationa and registrations as requiretl by State ammtw and Connty oNinancea. Before a contract will be awarded for Iha Work contemplated heroin, [he Owmr shall conduct such investigations as it deems necessary [o determine the performance record end ability of the apparent low Bidder ro perform the size end type of work apocifietl in the Bidding Dowmants. Upon requeaq the Bidder shall submit such information as deemed neceesery by the Owner ro evaluate rite Biddat•s qualifications. The Suocaestbl Bidder shall be requiretl to finally complete all Work within On¢ fiundred nod twenty Jaya (120) calendar days Rom and after tho Commwcetnent Date speoi£aetl in tfie Notice to Proceed. The final completion days includes aubstantlal mplation days of ninety (90) calendar days, with an adtlilionel rhlrly (30) calendar days ro final completion. Should Contractor fail [o achieve Subaten[ial Completion wltMn the number oFcalendar days es[ablisfied herein, Owner shall be entitled to assess, ere Ilquidatetl damages, but not as a penalty, one thousand six hundred and ninety-nine dollars ($I,G99.00) for eaofi calendar day thereafter until Subatantiel Completlon is achieved. 1 roil TOO n m.. Monday tfiro • h Prid The Owner reserves tfie right ro r fact all Bide or any Bid not conforming to the intern and purpose of [he Bidding Dawmanis, entl to postpone rho award of the conVeo[ for a period of time which, however, shall not extend beyond one hundred eighty (180) days Prom the bid opeNng daro without the oonaent of the Suweasflal Blddac BOARD OP COUNTY COMMISSIONBRS, COI.LIHR COUNTY, FLORIDA BY: /s/ Sandra Haxra Director, Procurement Sarvtua Division Constrootion So/lc/let/on Doc rev 09952022 C<`l�t> 1 -F012M.1-BID RESPONSE FORM: '..' BOARD OF COUNTY COMMI98IONERS COLLIER COiSN"I"Y, FLORR)A Wost Vanderbilt Drive Sidewalk � Landscape Improvemanta RID NO. 25-8188 Full Name oFBidder lnfinite Construction, LLC. Whin Bnameaa Aaaresa 6757 Dabney Street, Fort Myers FL. 33966 Place of easiness 6757 Dabney Street, Fort Myers, FL. 33966 Telephone No. 239-826-'1268 Fax No. state Contraomrs License # CGC 1522232 state of Florida Certificate of Authority Documer¢ Number L'14000025539 Pederel Tex Identification DUNS # 03-730-1317 CCR# Cage To: BOARD OF COUNTY COtvIIVIISSIONERS OF COLLIER COiINTV, PLORHJA (harainaftar called the Owtter) The undersigned, as Bidder declares the[ the only person m parties interested in [his Bid as p9noipals are those named hor¢in, that ibis Bid is submitted without collusion with any other person, firm or corporation; That i[ has c rothlly fined the !oration ofdre proposed Work, the proposed £orsn oPAgrcement and all other Contract Documents grad Bonds, end the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is socep[W, Bldd¢r will we cute [ha Agreamam included in the Bidding Documents, to provide all n scary machinery, tools, apparatus and other means of construttion, imluding utility and Ransportation s eery to do ell the Work, and fiuniah all the materials end equipment apeaificd o referred to N the Contract Documents in the manner and time herein prescribed end according m the roquirementa of the Owner as thero:n set fort!., tiamish the Contractor's Bonds end ]nsurance specified in the General Conditions of dta Contract, end to do ell other [hinge required oftha Contractor by [he Contract Documents, end that it will take full paym¢n[ the sums set forth in the following Hid Schedule: Un1[ prices ahaH ba provided Iv n x than two decimal points, and in the case where tlrther decimal points era fnativartevt(y provided, rounding [o two decmal points wfll be conducted by Procurement Services Division etatf. Upon notification that its Bid has been awarded, the Suceesaful Bidder will execute [he Agreement form attached to the Bidding Docmnents witfiin ten (10) oalendar days and deliver tiro Surety Bond or Bonds end Insorance Certificates as r¢quircd by the Contract Documents_ The bttl aeourity attached is to become [he property o£[ha Owner in the event dro AgrcamanS Ina a CeRitieatoa and Bonder not execuad and dellvaretl m Ow within the times above set forth, as liquidated dramagea, for the delay and additional expense to <fie Owney it being recognized thaq since time is of the essence, Owner will softer flnencial toss if the Successfirl Bidder £ails to execute and dal:ver to Owner the required Agreemenq Insw�anca Certificates and Honda within the requir¢A time period. In the went oFsuch failure, [ha tote! am ant of Owners damages, will ba difiiculq iP not Impossible, to dcfinitdy ascertain and quantify. It is hereby agrocd [hat it is appropriate and fair that Owner receive liquidated damages Rom the Successful Bidder in the ant it fails [o execute and deliver the Agrcemenq Insurance Cer[ifleaxa, end Bonds as required h¢reund¢r. The Successtial Bidder hereby expressly waives and relinquishes any right which it may have m soak to chamct<riza the above noted liquidated tlamages as a penalty, wfiioh N¢ parties agree represents a fair and reaaonabla estimate of Construction So//dtetlon Ooc rev D4952022 /r �,�t_> 1 owner's ecmal damages at the time of bidding if the Successful Bidd« £ails m execuu and deliver Na Agr«menq Insurance Ceniflcatea, and Bonds in a timely manner. Upon receipt oftha slgnetl and approved agreement and Purohase Ober. We undarsignetl pmpos¢s to commence work at the ai[e witfiin £va (S) oalender days h�om the cotmnencement data s[Ipulatcd in the written Notice to Proceed unless the Project Manag«, in writing, subsequently notifies the COnVaC[A[ of a modified (later) commancetnant data. The undersigned forth« agrees to aubamntialiy complete all work covered by This Bid within Niaety (90) co cutive calendar days, computed by exdvdiug the cotnntencement dau and including the lave day of avch period, and to be fully wmple[ed [o the point of final acceptance by the Own« within Thirty (30) consecutive calendar days after Subatantiei Compl¢tion, computed by excluding commenc¢ment date and including the lea[ day of such period. Acceptance sntl acknowledged by an Authorize Ageut signature• � /mot r'G ,Y.r %7 �r/J Tltle• PrasidanUOwner note: 09 H 7/2024 ConstrvctJon So/Jc/tatJon lJac rev 04'/52022 CA=� Wes[ Vanderbilt Drlva 8idowalA 8s Landscape improvements Bid No. 23-R1RR Paulius Kirilinas vii6a Kirilinas Construction So/icitation ooc rev 04952022 Personnel Ca[eeory Consnvc[ion Superin[cndent Projee[ Manegee (CA= 1 PORM3=MATERYAL.MANLJI:ACTURERS THIS NORM MUST HE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE' All Bidders shall co+[flrm by signature that d.ey will provide the manufacturers and materials outlined in this bid apecifica[iona, including compliance with Ploride Statute 255.20 ro provide lumbeq timber and other Porest products produced and manufactured in the State ofPloritla as long es the price, P[ness and quality are equal. Exceptions (when equals etc acceptable) may ba requested by compl¢ting the Material Manufacturer Hxcep[ion Liat below. Lf an pccap[ion for a mannfacmrar and/or material is proposed end listed below end is not approved by Engineer/Project Manager, Bidder sfiail fumsh the manutacwrer nomad in the specification. Acceptance of[hie form dons not conetimte wcaptance of material proposed on this list. Complete and sign uccion A 9H H. 8¢ctlon A (Acceptance of ell menufacturoa and materials in Bid specifications) On behalf of my fine, 1 confirm the[ we will uea all manufacturers and mat¢rinia as apeci£cally outlinetl in the Bid specifications. Company: Infinite Construction, LLC. signature: �I-Giz,�..ver� _ Dat¢: oln�tao2a Section H (Exception requested to Bid specifications manufacturers and materials) 1. 2, 4. S. Plees¢ insert additional pages as neoesaery. Date Construction So!/c@at/on Occ rev 04>52022 \:A'') FORNi:4-: LIST.OF MANOR SUBCONTRACTORS THIS FORM MUST B@ COMPLTiT@D OR BIB MAY BE DE@MED NON-RESPOIYSrv@ The undersigned states that the following is a Ilst of tho proposed subcontractors for the m jor categories outlined in the requirements of the Bid apaciflcationa. The undersigned acknowledges its responsibility for arm¢rirag that Rte Subcontractors for the major categor/cs listed herein era •'gmlified" (ns defined in Ordinance 2019-Og and Section 15 of lns[ructiona [o Bidders) end meet all legal requiremm�ts applicable m and necesnimteA by the Contract Documents, incktding, but not limimd to proper liwnscs, certiRcarions, registrations, and i raga. The Owner tea es the right to d:aquntify nny Bidder who inclvtl¢s non-wmpliant or non -qualified Subcwtractora in its bid offer.tPurther, the Owner may direct [ha Successful Bidder to ramoye/aeplace any Subcontranmr, et no additonal cost to Owneq which ie Found to bn non -compliant with this r¢quiremen[ either before or after the issuance of the Award of contract by Owner. (Attach additional sheets e eeded). Further, the undersigned acknowledges and agrees that promptly after the Award of Contranq and In ordancn with the rcquirenaents of the Contract Documents, the Successful Bidtler ahnll identify nll Subcontractors it mends to vac ¢n the Pr ject. The undersigned Ptrther agrees Nat all Subcontractors aubaequently identified for any portion of work on this Pr ject must be qualified as noted above. Major Category of Wark 3gbaontra¢tor and Addtoea 1. Ele¢trleal 2. Mechanical 3. Plumb'n 4. Si[¢ Work 5. Identify othw subconmactors that represent more than 1096 o£prica or Utnt attest the cridosl nah of the schedule Staitlman-England Ircfgation, Inc. ppg3 Trade Center Way Naples, FL. 34909 Company: i^fi^It��j Construcpt�ion, LLC. 5tgnamre: T .�t ?�.C/✓IC��J Dam; 01/17/2024 Construction So//citation Ooc rev 04152022 GAO FORM S - 8'fATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVL/NON- RESPONSffiLE. Tha Biddor is requited provide five (5) project references, stated below, o{ wk,at worK of similar magrdNtla aompteted within the Iase Rve (3) years is sludge o£ its axparlanca, skill and basin standing and oY its ability to aondPct the work as eomptetaly and as rapidly as required under the teens o£the Agreement. l' Estero Blvd SidewelK Improvement Fort Myara Beach (prolact name) (pryeot owner) Eataro Blvtl 2525 Estero Blvd, Fort Myara Beach, FL 3393'I (P 3ect location) (o,.�cr•a aad.vae)' Sidewalk Improvement Chelsea O'Rllay Public Works Director (p jact dvacAptionJ (OwaaPe oontaoL Paravn) (HLv) 2019>2019 $ 188,702.64 239-765-0202 ehalsea�fmb9ov.com (ProJaet starVpomPteeion dates) (oonttxot value) (photteJ (email) - �' North Naples Venous Sidewalks Collier County (pr jatn name) (pro}eox owner) North Naples, FL 3335 Tamiami Ttall E, Ste 107, Napless , FL 34112 (project loae[ipn) (Owner's address) Various Sidewalks Project Shannon Bassett Sr. Field Inspector (pc jmt desaripttpn) (Owner's contact parson) (title) 2020 g600,000.00+ 239-263-3170 absence.bassett�eolllareoumyfl.gov (project starVcomple[ion sates) (contraotvalua) (phase) (email) 3' Livingston Sidewalk Improvements Colllar County (prgiect name) (protect owner) Livingston Sidewalk In Colifar 3335 Tamiami Troll E, Ste 101, Naples , FL 34� 12 (project location) (Owner's address) Sidewalk Improvements James Zuvar 3r. Flald inapeotor <project deaorlptlon) (Owner's connot peram) (title) 2018 g222,490.57 239-253-1999 jamae.zuyer(1�coiliarcountyFl.gov (project aterVcpmpladm�datos) (contract value) (phone) (email) ConsavcHon SollclraNan Ooc rev p4>52022 C.P'J "-FOI21V[5--ST1.TEIVI&tdT OF EXPERIENCE OFBIDDER.- a_ Maddox Lana Sidewalk and Drainage City of Bonita Springa Florida (project name) (p jeer owner) Madtlox Lane -Bonita Springs 9101 Bonita Beach Rd, Bonita Springa , FL 34235 (proiect location) (o.,,r.er•a aaareaa) Sidewalk and �rainaga Project - Joal Langanay Project Manager (prgjeet aeeodption) (Ownar'e contact parson) (titlo) 2022 $ 585,805.49 239-949-6242 IoeLlangenay({$Gtyotbonitaspdnga.org (p jec[ completion data) (cotv[raat value) (phone] (email) 5. Codcleahall Dr SiaawalK Improvements City Of Bonita Springs Florida (projeet name) (p�ojeot owner) Cocklashall Dr in Bonita Springa 9101 Bonita Basch Rd, Bonta Springa , FL 34135 (Project location) � -- (Owner's address) Sttlewalk Improvements Joal Langaney ProJarx Manager (p jeer deaorlption) (Owner's contact person) (title) 2022 $ 60,544.67 239-949-6242 joal.langaney�cityofbon Hasprings.org (pjed compiedon dale) (con[raot value) (phone) (emaip compa..y: In£nita Construction, LLC. sisnatare= ✓` Dato: 01/17/2024 Consfruef/on So/io/tet/on Ooc rev 04952022 �;P� -FORM_6-TRENCH SARETY:A�CT THi9 FORM MUST BE COMPLETED OR BID MAY 8E DEEMED NON -RESPONSIVE. Biddtt' acknowledges that included in the various items of the bld and in the 9b[al Bid Price era costs for complying with the Plorida Trench Safety AM (90-96, Lawa of Plorida) affective October 1, ]990. Tha Bidder further ldan[iflea the oosno ba summarized balaw: Trench Safety Units of Measure Moasure (DescrinConl fLF.$Y) 1. 2. ��3. 4. 5. company: Infinite Construction, LLC. sisnaatre� /' �-/i}Zr pit o/J Construction So/!citation Doc rev 04152022 Unit Unit Extended f` S rOuanttty) coat TOTAL Datn: 01/17/2024 G/*O BID BOND - — KNOW ALL MEN BY THESE PRESENTS, that wa, Iha untlerslgnatl, Infinite Canatr4clion LLC B76T Dabney Street, Fort Myara, Florida 33g56 ---' as PAndPel, end NatfoaWitle Mutual Insurance Campen_y, 1 W®at N•gonwitla Bvd_., t-'I4-301, Columbus, Ohio 432t5'. - •6 Surety, ere hereby held end flnnly bound unto Cnlller County Boartl of Commlasbners. 3295 Tamleml Tral1 Eaaq Naples, FL 34112 ______.__._—-____-___._.._..._..._ ___—__.._.__ ..._ as Owner In the Panel sum of 5X of the amount of the bla far the payment of wM1ich, well and truly to ba metla, we hereby Jointly and eeverelly bind ourealvea, auccaeaore entl aaetgna 3lgned, thl8 __-__. 2ntl __.- Day of tanuary _2p2a Tha conanlPn W the above obligatton la aucn m•t whereas ma Pendpai h•a aubmlhaa m tamer county aoara ar commlaamners _. __._—__ __.. _ - __ a certain Bitl, •IIachetl hereto and hereby matla a pert hareo9 to abler Into a contract in writing, Tor the West Vana¢rbik_rhre Slaewalk___ & LanascePe Improvements __ --�--- -�-�-� _--- NOW THEREFORE, (a) If sold Bltl shall ba reJedatl, or in Iha alternate, (b) If sold Bid ah•II be ecceptetl and the Principal shall execute and deliver a canKacl in the Form of Conirad attached hereto (properly completed In accortlenca wltM1 saitl Bitl) entl shall furnish a bond for M1ls faithful performance oT saitl contrecq and for the payment of all persons performing labor or fumlahing materials In connection therewith, entl shall In ail other respects pertarm [he agreement crealatl by the acceptance of said Bltl, than thla obligation shell ba void. otharwiae the same shall remain In force and aHec[; It being expressly untlerstood entl agreatl that the liability of the Surety for any and all claims hereunder shall, In no avant, exceed the panel amount of thla obligation as herein stated. Tha Suretor for value recaivatl, hereby stipulates end agrees that the obligations of saitl Surety entl Its bond shall be In no way Impaired eHedetl by any axtenalon of the gme within wMch the Owner may accept sucM1 Bid; entl aeltl Surely does hereby waive notice of any such aMenslon. IN W. PI'p���ty^u(>� N%HERFOF, the Principal entl lha Surety have berauMo set their hands and seals, and such of them as era cCfborah�ns-haJa C-0yLatl their corporate seals to ba- hereto affix•tl and these prasan[a [o ba signal by their proper officers, tM1e grSy end�yeaY'fir at @gl?1get1� above - lrifil lltee'(:or�s`Zrecti4a31��:_C -' � � .= �� Principal (L.S.) .— e _ f�. v' 1 � �✓'f1Za YLVaY Ac �A15I1M!-/�_«•J:f1_ L. s reH —.._ .._. �n Bye _ -- ---.. __ _- .. CJoug as .Moores, Attorney in Facf - - 0000025558 Powaf O/ Attomay KNOW ALL MEN BV THESE PRESENTS THAT. ` N8[bmNae Muluel lnamanva Company, an OM1IO carpwallon narelnattOr referretl 1p severally ea She "Comparry" entl collaetlValy Be "Nre Companies" eoea hereby makB, cana[Ilwa entl appoint DOUGLAS R MOORE; JONATIIAN K I-IANRNOND; CI-IIL1ST'INA MORRIS; Bch In IM1eb Inalvlaual eapadly. Na bus ono lawful etlOTBy-IMfad, vAM lull paver spa BY[haely b sl0n. sash entl ax00ut0 on 1\e baM1Blf Ony ane ell banaa ane untlenakln0e, entl Diner Ob110alvry Inalrvman4 of similar nature. In penal{lea nIX a%Cawing Sha aYm Of T 7NI.IMITED oi.ela binrt„hBe compern mereby, ea rwly ens ro me same extent Ba n wpen mebpmame wero ignea by ma awy awnonzea omoerm of me company: ane en seta y pprewnl to me wwmonq given aro Hereby ronn0a ens oonnrmm rma power or adomey la mane ens eaaowea pw¢Yant l0 ens by adnonry of ma fonowing reaolwlon eYH aaoplea ey trw boom or ireotb.a onda company: "RESOLVED, mat (Yy prasltlOnC Or Bny VICa PlBelaBn[ be. entl wacn hvrBby Iv. eYlitOnzetl vntl BTOOWBretl to appoint etlOTeyH-In-!Oct O( N1w Company. Bntl l0 authorise mem 1p aaBOwa entl eallv0e On b0ha1/ Of Iha GompaOy arty entl 011 OOna4 brma, eppllpadvrb, memomntlYma, untlertekinga, OgnlxancB9. Irarwfera, con[(acb i Intlemplty. polldee. 00nIrBCfa puaranSBBInO inB Ileellly of parHOne haltling POV H10Oe 01 publle or prlVtlB Iruah entl Diner mllloga ObllOatary In nalulB (net lne EValnaee o/ Iha COrOpany may regYlra; arM to moely or invoke, wltn ar WltM1out cause, arty aucM1 appointment or whOtlH: pmNtletl, hoawver, Snat ie eulMNly Branlee Hereby shall In no way IImI11M1e awhonly oI Dinar tlury eulM1orizetl wganla to sign entl cpunlemlgn any 0f aeltl eocumanu On banal! of ie Company," "RE8OLVEO FURTHER. IM1aI ouch ellOmeya-In-(act aM1ell hHva full potaar ens aulhoflly [o Bzevute ane aellver any entl ell euCM1 aecumenta entl l0 bintl Ina Company eublecl to IM1e terms end Ilmitellpne Of me power 0/al[Oreay ysuea to Ihem, entl SOaMz the seal of the Company Inereb; provlOea. M1owavap min 891tl 8001 eM1Bll not ba bBCBEeBry (or Iha Vellity 01 any euCM1 avcum H. _ TM1ta power Of BlfOmey Is elgne0 efts EBaletl un ear aM by me iollowing bylaws tlwy eaoptatl by the bohte Of tlbHdOrB O/ ma Company. Any Vlm CreeMenh envy aealeten[ eacmlarry or any assist t S hall nave ids powex ano authbery l0 algn or site tell pprOMe tlOCumanl8 1081rumanU ODbaG18. Or Iner paPBra n Cc eetlOn WIIh IdB p fatl I ln0 bminy6 ithe Company IO aeelllOn tO IM1e chvinnen of Ihv boars the chief BzeouNVe oMcer, preeklenh beesuror or secretary, provleae, However, lne ¢IgneWre of any of Ihem may ba printva, angrawtl, ar dempae on any eppfovetl eacumant. conbei, Irm[rumenl. or offer pa0ara of ma Company. IN WITNESS WHEREOF. tnB Camparry nee OeVaotl IMa Inebum t to p16 eealwtl�/ems/rnitl a/✓Yl/y��.a�d¢�BtB�a�by}�dB Glgnelum 0I Im OMCBf the $� tivy Of Febru 2 = An� C, glbenew, V1ee PreO10an1 of Natlonwltle MUWeI lnsufenee Cgmpeny q;g,... `� � ACKNOWLEOOMENT b� '. ETATE OF NEW PORK. COt1Nry OF NEW YORK aB �� �/ On Shle$�tlmya0f Febma p+g�balOre ma me ebowylametl OMCBf Tar Iha COmpaOy �.arJ� a„ ��' /oreaale pBreMallyk wn lO ba In M rawffcabee In entl wno a:acwetl IM1e ��, Opreceing :'' InallYment, entl fis acknOv+l Ogeg (ne e%ecwlOn oTtna yams. end belrq by ma tluly eve r e '`==� ane eeyb. Shal ha Ia iM1a dfl f ma Company aforaealQ That tna ae91 anlxve Hereto N m comordB of COTPeny, the ,yi ee¢I asp Bntl sale cofparale se01 entl raa 6lgnature WHra tluly M tl Y ane eubavrlbatl to aeltl IOatrume0t by tM1e aulM1atlly entl elra011On oI eeltl Company �s `.:#fir .,,.�w..m.. I, LaNa 6. Ouy. Aealetant 9emalery of Ina Gompeny, ao I+wreby rq(y mallme foregoing Ib a IYII, bu0 ane coRBct Oopy of IM1e Original pOWOr of BNOfnay Ieauetl �' �"'/ by tb Cgnpany: met ma raedullap Indufbtl inareln la a lm0 ane COnecl Srenvctlpl lrom fnB mIOYNe of (ha meetings o1 tn0 boarOa 0I ClrwCtofe entl IM1e eamB heH �1."�.;; not bean revOkBtl Or ementlee In spy mvnnvranel Bala Anlonb C. Albanvav wee on IM1e eal0 of mB e8e0YNOn o! ma rorogoing POwOf Of BNomBy lhw tlYly wbvletl OicBr of ihv Comparry, ane (ha carporalB e0v1 entl Ma elgpaWre a8 OMcar were duly Nfbtee Bntl BYbacebvtl l0 ma Bahl lnvWTBbt by SM1B aNnoeH of ealtl boa ra of alraiora: entl IM1e forogolOg pON9f of edomey Ia alII11n IYII force and edacL „���1 ' IN N4id1E68�EREOF. 1 M1avv he `alnto eupectlbea my Hems m Aealetant 9eamlery, ane aMzva Iha carpyora�ta seal of seta Compelrry S�M�a �'^—' tlay or - _ Aealetant 8acrctery sw +ro:-+eloo ��""a,- aocumeka.rNen Wlpanoevm ln�M rlahebana aerna�c�cmva ca a�a8-aae.ee0oam m tlWlab eyw row nny gveeunna waecu�iwnumaa. la mlaGnarrom Ne ormw �:�� GA;J - FORMB-.INSURANCE AND-BONDIIVG:RSQVII2EMHNT9: The Vendor shall at its own expanse, carry and maintain insumnca coverage 6om responsible usmpaniea duly authorised to des business in the States o£Floritla es set Forth in FORM 8 ofthia solicitation. The Vendor shall procure and maintain property inswanco upon the entire pr Jecq iFroquved, to the full 3navreble value othtee scope of work. The County and the Vmdor waive against each other and the County•s aeperata Vendors, Contrauora, Design Consuitan; Subcontraotors, agents, end employees ofeach and all ofthem, all damages covered by property insurance provided heroin, except such rlghts ea they may have to the proceeds ofsuch inswmce. The Vmdor end County shall, whero appropriate, require similar waivers of svbroge[ion from the County's amarata Vandore, Desigo Covauttan[s and Subcorstrac[ors and shall requiro each of [hem t¢ inciudo similar waivers in their contracts. Collier County shell be responsible for purchasing mtl maintaining i[a awn liability insurance. Certificates issued as a rosin[ ofthe award ofthia solicitation must identify ^Per any and ail work parfonned on behalf of Collier County••, or, the specific solioite[ion number and Klle. The General Liability Policy provided by Vendor to meet the requiremmte of this solicitation shall name Collier County, Florida, a additional insured ea Lo the opwahms of Vendor vndar this solicitation and shall contain a savwability of interests provisions. The Certificate Holder shall be named as Collier County Hoard o£ County Commissioners, OR, HoaM of County Commissioners in Collier County, OR Colliac County Govammen; OR Collier County. Tha Certi£acatas oflnaurenca vet state the Contract Number, or Project Number, or specifio P ject descriptioq or must read: Par any and all work perforated on behalf of Collier County. The amount mtl types of ineuranoa coverage shall cow rm to the rtdavn m requiremams set fotth in FORM 8 with the use of lnsuranu Services Office (i50) forms end mdorawnentn or their equ:velants. If Vmdor has any self- ' ured retentions or deductibles under any of the below listed minimum required coverage, Vmdor moat idanflfy an the Certificate of Inswanw the nature and amowt of such self- insured retmfiona or deductibles end provide saHafactory evidence oFfinanafal responaibihty for such obligations. All self -insured ro[antiona or dMuuiblea will ba Vendor's solo responsibility. Coveragelgj shall be maintained without intemaption from the deYe of commencement o£the Wo[k until the tlat¢ of c mpletion end acceptance of the ampe ofworK by the County or as specified in this solicitatioq whichwer Is longer. The Vmdor and/or its i uranco aerriar shall provide thirty (3n) days written notice to the County of policy cancellation or non -renewal on the part of the ' sw�ance oemler or [he Vendor. The Vendor shall also notify the County, in a like manneq within twenty-four (24) hours after receipt, o£my notices of axpicetion, cmmlletioq non- ncwal or materiel change in coverage or limits received by Vmdor Bnm xts insurer mtl nothing containetl herein nhail relieve Vendor of this requirement M provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by V andor hermndw, Vmdor shall immediately take ataps to have the aggregate limit reinstated to the full extent permiKed andor such policy. Should at any tlme the Vmdor not maintain the insurance coverageij r¢quired heroio, the County may terminain the Agreamen<or at ire sole diawe[i¢n shad be evthoriud to purohase such covarage(3] and charge the Vendor £or such erage(a? purchased. ff Vmtlor fails m reimbwsa the County for suoh costs within thirty (30) days after demand. the County tea the right to oH'set [heea costa flnm my a ant due Vendor vndar this Agreement o any other agreement between the County and Vendor. the County shall be antler no obligation to purchase such inaurenca, ear aheil it be responsible for the c¢varage(aj purchased or the insw'anca company' or companies used. Tha decision of the County m purchase such i uranm covemge(gj shalt in no way be consttvad to ba a warvnr of any of its rights under the Contract Documenta�a If the initial or any subsequently issued Cettificata of Insurance expires prior to the compiuion of The scope of work, the Vmdor shall fbrnfsh to the Couvry renewal o replacement Cettificete(e) of Inaurenre not later then Mn (30) calendar days after the expiraflon date on [ha rortifioete. Failuro of the Vendor to provide tbn County with such »s...aa a�.r.fiooee<el enen ba oo.�arde.ed Juntneanon mr ma eounry m terminate my and ell mnhae[s. �c�o CoILa`er Covanty I-- Procurement Services Div4slon I pORM 9-CONFLI RES The Vendor certifies that, to th< best of its lmowledga and belief, the past end current work on any Collier County project. afiliated with this solicitation does not pose en organ.aational eonfl:et as aeacrmetl by one of we three categories below: Rlssed ground tuba -The Rrm figs not set th<-'ground rules^ for afRlieted past or current Collier County proJeox itlentiRetl above (c.g., writing a procurement's statement aF work, specifications, or performing systems engfnewing end tecbnical tlirectlan for tbn pracuremen[) wfiioh appears to show tbn eoanyetition in favor of my flan. impaired objectivity —The iirrn has not perPot-mad work on an affiliated peat or cwnnt Collier County project idordified above to valuate proposals /past performance of itself or a wmpetitor, which Della into quasxion the contraotor`s ability to render impartial advice to the gov<rmnent. Unequal a a [o information -The Rrm has sot had a a to nonpublio information as pen oP its pwPoam eof a Collier County p jest identified above whirJa may have peov)tlaa the onntmvtor (or an affiliat<) with an unfair competitive advantage in cunmt or fumro solicitations and contracts. In addition to this signed affitlavix, [he contractor/vendor must provide rho following: 1. All tlocummis protlucetl as a result of the work completed in [he pass or cunnn[ly being worked on for rho above- antionetl proJeor end, 2. Indicate iftba information produced was obtained as a matter ofnubFc record (in the "eonahina'7 or through non- public (not in the "aunshine'7 eonveraeaion (s), meeting(s), tlocument(s) and/or tithe. -means. Pailure m disclos< all material or having a organlzadona] conflict in one or more of the three categories above be idendfietl, may result in [hn diaqualifiaetlon Pot' fumes solicitations afflia[ed with [he above ref<reneetl p ject(s). By th< aignawm below, the firm (employem, o£Rcera and/or agents) oartiflea, and hereby discloses, tfia; to the boat of their knowledge and belief, all relevant tHcts w ing peak preaen; o cnrremly Alarmed interest o activity (Rnancisl, conKactuai, organizational, o pthm�wlse)owhiah rolatae to the prof<M identified above lose been fully diaalasatl and tloea sot pose an orgvaizetaonal conflict. Infinite Canat_ructlon, LLC. H� Company Name 6ignaNra Paullua Kirilinas. PrasidanVOwnar States oF��I pr t CS C7L Prin<Nama end Ti[la County oF_ L_¢�t-- ___ The F p#oing instrument wee a<knowletlgetl bafo a by menrss of O phynieal presence ar r� lion notarization. this 1=f ti day oP�G� (month),'Sx�3L\ m(yeerj, by \: J 4 (nnma oFPweon acknowletlging). � �� �a re racy Pub rc -State ofylmida) (Prinq Typ0. nr Stamp Con. P all iCn R Producetl ltlemification �-_�-�_��tp�_-_. __ _ __'type oFIdenNHoa[fon Produced +boq � Co -far Coux>:y Pmwremant Sarvloes OIVIsItm b'ORM 1D—V&NOOR DBCLARA'F'fON STATBIVILNT BOARD OF COLTN"I'Y COMMISSIONERS Coniar County Oovemment Complex Neplp, Florida 34112 Dear Commissioners: The untlersigned, as Vendor dcclares that this response is made without co nection o angemGrt with any other parson and difa proposal is in every respect fair end matlo In good faith, without coltuaion or Trend. Tha Vendor hereby dcclares the instructions, purchase ordor terms end cavdi[ione, requiremenffi, and apecifications/soope of work of this solicitxion have bean fully examined and accepted. The Vendor agrees, if [his solicitation submittal is accepted, to cxecuM a Collier County document for [he purpose of establishing a formal contractual relationship between the firsn end Collier County, for tho perfomtance of all requirements to which the eolicimHon pertain the Vendor states that [he aubmi[ted ie basatl upon the documents listed by the above refbrenced Solicitation. plrther, the vendor agrees [bat iP awarded a eontraM for th<so gooaa antl/or aerviceR the vendor will vot ba eligible [o rompeta, submit a proposal, be awarded, ar perform as a sub- vepdor for any future afeoafatod with work that is a ranult of this awarded contract. IN WI'I'N833 WIIEREOP, WE have hereunto subscribed our names on this �� 7th day of January , �24ip [he County of Lea , in [ha Sete of Flofltla _ ' Firms regal Infinite Construction, LLC. Noma: Adaresa: 6757 Dabney Street c:Ty, smro, Zip Fart Myers, FL. 33966 Coda: Florida FL CarlHieata of Authority DoeumeM #: L'14000025539 Cartiflcate of Authority Document Numbu Federal Tax Fetlaral Tax Itlantifleation #: 46-4726900 Iacrttfieetion Number '"CCR # or CAGE Code "'Only iFGrent Punded Telephone: 239-826-� 26B amau: pkirilinas�inflconst.com Signature by: (1`yped and titter) Title: Paullus KIrllinas, Prasitlent/Ownar CPO waareonnt contaex ■n mrmaxton Sena payments xo: Infinite Construction, LLC. (mquiretl ifdiRarcnt Company name usetl as pa yae Sum about) Contacr. name: Paulius Kirilinas Tile: PresltlanVOwnar Adareas: 67$7 Dabney $treat city, state. zip Fort Myers, FL. 33966 Telephone- 239-826-1268 amau Orflca servicing Co111or County to place others (required iftliff [ fi'om above) Contact name: rde: wdaross: City, Sfnu, ZIP Telephone: Email: Sacontlery Contact for this Solicitation: Email: Phone: pkiri linast�l nflconst. tom CPO c®te,- co�,H�y ProcuremerH Services Division FO12M 11-mIIt41GItATlON AFFIDAVIT CERTIFICATION This Affdayit is troquired and should be signed, notarized by an authorized principal of the firm and eabmitted will, Pormel solicitation submittals. Purthw, Vendors are regpiretl to be enrolled in the E-Verify program, and provide cepsabl¢ cvid¢nce o£ their emailmenS at the lima of the submission of the VmdoPs bid. Accaptnble evidence apneists ofa copy ofthe propuiy completed E-Verify Company Proflla pa8e ar a copy of dta fltOy executed H-Verify Memorandum o£ Vnderstanding For the company which will ba produced et the time oftha submission o£the Vendor's bitl or within five (5) day of the Counlys Notim oYRewmmand Award. I aGr_L4l:i_��1 r>_�� stilly Y_+Ytl: _ 1 t Collier County win no[ intentiona)ly s and County c acts to any Vendor who knowingly empioya unauthorized mien workers, constimdarg a violation of tba employment provision oontained in 8 U.S.C. Section ] 324 e(e) Section 294A(c) of the Immigretlon and Nationality Act ("INA'7. Collier County may consider tie employment iD' any Vendor of unauthorized miens a violation of Section 294A (e) ofthe INA. Sueh Violation by the recipient ofihe Smploymant Provleions contained in Section 2yaA (e) of the [1VA shall be grounds for unilateral tertninetion of tfie contract by Collier County. Vendor attests that they ere fully compliantwith an applicable immigatien laws (apeciftcally to the 198G Immigration Act and subsequent Amendment(s)) 1 rid Statutes Sg48 n95. and agrees to comply wet. the provisions of the Memorandum ofUndera[antling wltfi S-VeriEj� and to provide proof ofa rollment in The Employment Eligibility Verification System (IYVerify), operated by tfie Department of Homeland Security in yarmarahip with the Soaial Security Administration at the time of aubmisaion of the Vendor's proposelAaid. Infinite Constru CtfOn, LLC. �/ g Company Name gignatuie Paullus Kirilinas, President/Ownar State o£ '��lo✓. A y Print Name and Title County of___ Tho foregoing instrument was acknowledged before ¢ by means of O p},ysical pres¢n or l� lino notarization. this�Z*hday of sa ,_�-(month), e0a4m(yea ), by 4' \:,o s - l' a. (nam¢ of petreon acknowledging). ..off`�� �'��P��ir„ � - /� (S store ofNO,a,y luonC �ta`u of Piorlda) (Print, Type, r Stamp Commissioned Name ofNatery Public) Pamonal\y Known OR roducetl Idemifice[ion W 11an,� _ t\\\\\1111Of//q// Type of ldemification Produced ` ��\ gNOyr���,N�� : -0 G _�: � � 4"H� /I I Iii1,�� axs� „;l FORM 12 - B]DDERS CRECKLI3T IMPORTANT: No bid ahgp be considered u¢Ieas It Is made ou unaltered Bid forma which are i¢eWded in the Bidtling Documents. Please read carefully. algn In tho spaces indicated and return w1[h your Bld. FAILURE TO PROVIDED T8E SID DOCUMENTS MAY BE GROLrND6 TO DEEM YOU NON-RESPON9IV E/NON- RESPONSIBLE. Hiddcr should cheek off each of the following items as [ha necessary action is completed: t. Tha Bid has been signal. 2. 1-ha Hid prices offered have been reviewed, 3. Ttta price extensions antl totals have bean checked. 4. Bid Schedule has bean completed and ettecfied. 5. Any required tlrawings, descriptive literature, etc. have been included. 6. Arry delivery information required ie included. 9. The Following on -lino standard documents Nava been reviewed and accepted in Sid3ync: ¢. Construttion bid inatructiona form b. Construction services agreement Purchase order terms end conditions 8. All of dte following bld forms have been completed and signed: e. Hid Porm (Form 1) b. Contive[ore Kay Paraonnel (Form 2) M¢[arial Menufecmrera (Porn 3) d. List ofM jor 6ubcon[rec[ora (Form 4) Statement of Experience (Form Sj f. Trench Safety Act (Form 6j g. Bid Bond Form (Form �) h. Insnmoee and Bonding Requiremenra (Form e) Conflict of interest Affidavit (Porto 9) j. Vendor Declaration Smtcman! (Form 10) k. Immigration Law Affidavit Certification (Form 11) MIIST ba signed and attached with your submittal. 1. Signed Orant Provisions end Asauranccs package 3n its entirety, if applicable, are executed and should be included with your submittal. 9. Copies ofrequired information have been attached a. Business tax Receipt (Collier County Businaasea Only) b. Company's 8-Verify profl le pa8e or memo[andum of understanding Certificate of Authority to Conduct Business in Stets of Florida (sunbiz.org) d. Any requtreA professional licenses —valid and current (myfloridelicense.com) (ie: Oenaral Contractors license, Underground Utility and Excavation, Huildere, Trade Contmctora, etc., as npplteabie, requested and/or required.) a Vendor W-9 Form 10. If required, the amount oP Bid bond hsa been checked, and [ha Bitl bond or cashier's check has been submitted. 11. Any addenda havo bean signed and acknowietlgemen[ £ono attgohed and inoludetl. 12. The Hid will ba uploaded in lima m be received no later than the specified onan:no date and time_ otherwise the Bia aamtot be eona:aerea. -� fit:~,-.. �� C.OY LO'N.HL Etnail: Leearm.Charles Qcolllarcountyfl.gov ��„e,,...�w._,,.,,,� y Telephone: (239) 252-42']O Procurement Services Dhrision Addendum #1 Date: December 29, 2023 From: Leeann Charles, Procurement Strategist To: Interested Bidders Subject: Addendum #1 23-8188 West Vanderbilt Drives Sidewalk 8c Landscape Improvements The Following clarifications are issued as an addendum: Cbaage 1: Extend Bid Due Dale and Question 8c Answer Deadline. BID OPENING �FrWtr.- ---� ��r�s:dny�-.1an ry 19. 2024. e[ 3:00 PM EST DAY/DATE/TIME: January 32- 2024. at 5:00 PM EST QUESTION 8o ANSWER DEADLFV E: Chang¢ 2: Pre -Bid Meeting Sign >n sheets uploaded I£yon require additional information, please post a question on our Bid Sync (www.b:dsvnc comlcoml bidding platform under the solicitation for this project. Pleases sign blow and return a copy of this Addendum with your aubmiHal for tb¢ above r¢ferenced soltcitatiov. �'l`�G �ct���� o� n 7izoza (Signature) pate Infinite Construction, LLC. (Name of Firm) C.nU �. � Local Business Tax Receipt Taz c::.uactor Noolts Hranntng INFINITE CONSTRUCTION LLC KIRILINAS PAULIUS 6950 DABNEY ST FT MVERS, FL 33966 Dear Business Owner: Your 2023 - 2924 Lee County Locat Business Tax Receipt is attached below For account number /receipt: number: 3048943 / 1'103686 If [here is a change in one of the following, refer to the instructions on the back of this receipt. Business name Ownership Physical location Business closed This is not a bill. Detach the bottom portion and display in a public location. I hop¢ you have a successful year. Sincerely, �.�focd& Big Lee County Tax Collector 2023-2024 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1048943 R¢ceipt Number: 1903686 State Llcens¢ Number: egc1522232 Loeattan: 67A DgBNEY ST FT MYEAS, FL 33966 INFINITE CONSTRUCTION LLC KIRIL[NAS PAULIUS 6�57 DABNEY ST PT MYH25, PL 33966 Account Explrea: September 30, 2024 1 �� `�.� -VereFy _._�_"a Company 1� Number: T88998 Approved by: Employer Inflnite Construction LLC Name (Please Type or Print) itle Paullua grllines i9neture Date Elactronicaily 3ignatl g6)12/2Ut4 Department of Homeland Security— VerlBcation Division Name (Please Typa or Print) itle ignat�re ate Page f3 of 19 E-Varlry MOU Tor Employara 1 Revlalon �afa 08/01/13 �� VeriFy. _�..,� �.,_...� Company ID Number: T699a3 Information Requlretl for -the E-Verify Program nformatlon relating to your Company: ompany Nama Inflni[e Conatructlon LLC ompany Facility Address Wag lalawlla at. FOR Myers, FL 33986 Company Alternate Addrasa C011nty Or Pari8h LEE Employer IdentiFlcetion Number aea]as9oo North American Intlustry ClasBificatlon Systems COda 238 Parent Company umber of Employees t to a ' INumbar of Bites VerMetl for s ' rase is or v e-varuv mou ro. E�..v�oyere 1 rxooielo.. Date caimna 1/eriFy _��:: ......._... Company ID Nember: 789948 Are you verifying for more than t site? If yes, please provitle the number of sites verified for in each States: FLORIOA 3 stte(s) Page 'IS Of iP E-Verlry MOU TVT Employers i ReNslon IYata n6101n3 rsa..osoaa:. co..emo. mm.ma s. c.rcn...awaro SPATE OF FLORIDA x�`'"`�`� � DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED VNDER THE PROVISIONS OF CHAPTER 489, FLORIOA STATVTES � 1<IRALIN9AS, PAULIUS {F(4'fll INFINITE CONSTRUCTION, LLC 6757 DABNEY ST. FORT MYERS FL 33966 LICENSE N V MBER: CGC1322232 EXPIRATION DATE: AVGVST 31, 2024 Always varlfy Ilcanses online at MyFloNdalJcense.cem �_ O DO not alter thls tlo<ument In any form. 1 TNs Is your license. It Ls unlawful for anyone other than [ha Ilcensaa to use this document. O „�. 1 t/2T/29, 18:40 PM Oaten byr Endb Neme plms�ory or coaeon.+sows �„-.ryy �..��^'x,vt, .•.: r: r.:.�.,..:u ot:i.,qu:�...w-ar Obpanmae � / n - _ / n e - / 9earsb Ov Faew a / ®etall Icy Entity Tlama FlOtltla Limitatl Llebilily Company INFINITE CONSTRUCTION, LLC )=1((p9 rnfe.manan DooumaM Number L14000025839 FEI/EIN Number 48-4]26900 Data Fllatl 02/13120t4 EflacNya pate 02H3/2014 State FL Stafua ACTIVE PxlCtcl at Aaa.. B]3] Dabney Sta Fort Myara. FL 33966 Changed 01/t2202t 1NaWnB nacre B]5] Dabney Si. Fort Myara, FL 33888 Changed Ot/12/202t t38Btatarad Aggnt Names S Atldrean KIRILINAS, VILIJA 8]6] Debnay St. Fort Myara, FL 33866 Names Cbenged: 01/28/201H Atldraaa cnangaC: 01/'12YLo2'1 AvfAndznd ova n( )�afa11 Names 8 Atltlreas TitIa AMBR KIRILINAB. PAULIUS T6T Opbnoy 8t. Fort Myara, FL 33966 TCIe AMBR Fttpe://eaerchaunblz.org/Inquiry(CorpuretlonSeamlJSaarcnResullDalsllWnquirytypevEnllbNama&tllreedon"rypa�Inldal8enarcY�NamaOrtlw�INFINITE.., tY2 --� �cn. =,� t'I/29/Y3, t0#O PM I ' KIRILINA3, VILIJA 6]5] Oabnay St. Fort Myels, FL 33966 An ^paGa Report Yaar Flletl Date 2D21 Otlt 2/2D2t 2022 03/11/2022 2023 02/28/2023 Dew.....®Re Images -- wanepn In POF (wmet O 022 �wNN� _ Vb WIn POF tonne[ Of/ — Vlsw lmepe In POF Iom�N 1 B -- __ PDF b,mat� �J vzalzofo gluuun eFooar vlaw lmeva In Bf Mennfw—gNNuq RFnum' VNwlmege In POF brmat OfMW3n1T-.wNNu Vlew lmeBe In POF b�mnt gL wePowT a — L REP _ myle F iof_mat wftvfnfg gNN1 �6 om' Mewl In PO n <a_ _ w conrz't wlmnpa In PpC bm�nt n. ✓+n�a �gN �ug w Vlc — _, _View Imepe In POF forme J Dotsll try Eptity NBM® M1ttpe%//seemM1.eunbl¢.org/InqulryM.Depotatlan3eert91/$eeMM1RasultDetR1141nqu1ryrypa—EmLLyNemeStllradlonlype=Initlel&searchNameOtUevINFINITE... 2/2 Fam, W-9 (R.v. 00toba.2V,e> Ipnta coal Reve,IXiw Service ry Request for Taxpayer Idantiflcatlon Number and Cartlflcatlon � Oo to www./is.gby/FonnWB tar Inabucgona tl tb l94 OIVs Fol'tn to tFla rayuoatar. oe nos send fo the lRS. 1 Name (es mown on youf Income to retmN� ame le raqubetl on tM1la Ilne: Go net Iovve tM1lo Ilne Dlenk. a Inflnhe CansKudion LLC s 9ueln¢¢a npmNal¢regartlaD emlry name,Half(argntfmm ebwa N 9 CM1eok epprople[a boz /Or fetlerel tp%ola¢elfleetlOn IX ins pBOnn whoeo npme la entwetl on One 1. CM1eok only on. 01 tM ealowmg ¢eyen bpxea. 4 Exempllwe (ro tlae Opply only to aenNn aminao, nm malmaama; ... olnClNtlnalemtlbep-rL pN.tor a. QOCpganra[lon o90arpaatlpn QPvtnwvM1ip QTmutMtata Inaln.clona on pwa s): 9( � %emm payee aeae w ana, L^` © LImItW ryabbty company. Entw tM1e W Olemi9callnn IC-C corpwetloM1 6•B earpo.aVnry p�pw[namM1lp) � 9 $ 5 N t CFeoK the a proprlata bpx M the line ebaw /or tM1. tan cleaWlcellon Of he elnple-member ownac Oo net Weak LLC X 1M1a LIA le aP ¢allleO ee O aingla-member LLC p,¢[ b tllereparde0 roam tlta Exemption Iron, FNTDN rapwtbp 6 awnar un10¢e the owner of tM1e LLC b ohm LLC IM1aI la oat Vhregaadetl fion� Te ownm Iw U.9. M1Oaral tmt purp a ONerwW, a NlaOle-memiWr LLC that coda Or a "» le OI¢raperderl from IM1e OwnmaM1oultl oM1eck t�M eppropneta hnx Por the daa lavaltlastlon o/ ha owner. Other (Ow Irasuvetlou) � Hmr mm.na�a q 6 Atltlwm (number. eWet, pn apt Or Butte na.j n¢buoMaN. paquealar'e name aM atltlrew (optlonap BT6) C9bna St. a Clty. ¢tah. entl 21P cctle For[ M era FL 33888 Val account numberte) Hate (ap[mnel) Tax ayar IdantiRcat on Nttmbar IN Enter yom TIN In [ba eppropvleta box. The TIN provltletl must match the Ham given on Ilna 1 to avoltl backup wlthlaoltling. For IntllWouels, this Is genarvlly your ¢aclvl s¢aurfry numbw (93M� However, fora reeldant alien, sole peoprletoq ar tllere8artled anaty, esa [ha Inatruegnna fw Part 1, latw. For other tltle9, I[ 16 your Bmployar Itlen[Iflbstlon number (CIN). If yw tl0 net have a numbaq seB hbw to gar B T/N, later. Nate: If the ecaounl le In more then one nsme, see the Inarmc[lona for Ilna l . Also sea Wirer Name and NumhOr To Q/va [hs Aequss(e. fw gUltlellnes on whose nomher to enter. ,. Th0 nUmbar ¢hown Oa tH16 fwm 1¢ my eanavY 1B%payer Idantigaa[IOn nYlfrbar (ar 1 am waltlpg (or a numbw to ba leauab TO rtro)p anD 2. 1 am not subject io bsekup wfthholding because: (a)1 am exempt aom backup wltM1holdin8. ar (b) I have not been notlgad by the Internet Revenue Service (Ig9j that 1 am aub)eot to backup wlthnoltlilq as a result o1 a failure to report qI1 lnHreat or dl Wtlanda, w (0) <hs IR9 hoe no[Itlad me coal l sm o longer aubjact to backup wl[M1hOlding; antl 3. 1 am a V.9. citizen w oTar U.9. person (dsflnetl below): and 4. TM1a FATGA ebtle(s) en!eyed on thle form (If any) Indloating [Fat I am axemlN from FATCA repwtlng la ewrad. Certlfleatlon Inatruoflans. VOu must cross Out Item 2 shove If ybu M1ava been notlrlatl by the IR8 WM you ere curnantly aubjact to bsekup wlthholtling because Sou have Isllatl to report all Interest alM dlWdentls on your terz ratum. For real e¢fate k¢nmctlone, item 2 dose not apply. For marHapa interest peltl, o1M1wIHt nnlntereat end tllvltlanlds, you arc no�frequgetl to sign the certlHcatlwal[but you mua proWUe yolur correct TN�SBBtM1e�loa4umlggna 1ar11Pertallaeter® Sign Hares al9nawro of �J/ u.e. wreon � � /Sn %7n /1 D /� / �% � a � � y .�f Gto p.t.. General Instructions -Form ,o9g-olv (tllylDentla, Inalatling those from atoaka qr matNal 3acnon re(e rancee Oro to a1a Intemel Revanua Coda Unla¢¢ othenvlea [etl. Tunda) -Form ,U88-M19C (Vatlovs types of Income, prizHe, awetda, ar gross Proeaeda) Future tlevalopmanb. For ma la[eat IMormetion about tlavalopmsnte latatl to Form W-a and Ito Inatruetlarte. euen a81a9lal atlon anectBU mutual funfl Ba10¢ anD certain otM1ar attar they ware pubtlehed, go to www./m.gov/FormW9. trvns�aoHon6 by brgkern) Purpose of Form .Form 1088-5 (paoeaade Irom real aefata tranaeetiona) •Form to9e-N (memhant card and third party neawork trenaegnpna> An incllvloual or entity (Form W-9 ragVea[ar) who IB requlraD to 91B sn •Fenn 1098 (hOma mOngagB IDtareSt), 1088-E (BWDBDL loan Interest), InformvHon return wltM1 the IR3 must obtain your correct taxpayer t098-T (tuftlon) Itlentl(IcaHon number (TIM whIDH may bs yrour seclel eecurky number (SSN). Indlvldu9l'taxpeyar Identl}IaatlOn n bar (ITIN). atloptlon .Form ,gB9-C (cHneetetl dabH taxpayer IdanHgoeHon number (ATN), or employer Itlant(eaetlon number .Form t089-A (eaqublHon wabandOnmapt or aaoureD wOPe 1tY) (EamaN)uM _ LL9. Parson (Inoludlnp a raaldanf reportable OnI B/n Informo atlOn ratum. E%HTPIB81o11nfortnBtlonmer HIIBN. t0 PrOVltla Your aomanct TIN a. Du[ era not Ilmi[ee to. gee To1loWing. // you rlo nor Mlum Form W-H b Me raquas(B! w/rh a T/N, you m/gh[ -aFarm 1099-INT (In Waat earned or pal[B baaH¢rub/ear fo bnckuP w/mha/Wng. Saes What la baaltup Wlganoltlln9, CM. No. 10231X Form W-g (Wv. t0-2010) _� �`.,,< 1 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Paulius Kiri lines Vil lja Klrillnas Personnel Catacory Construction Superintendent ProJact Manager tz conso-uouon Sarvlcea Agraernenc [zo2n_var.l] � � ( c;A'_� E HIBIT B-'I: PUBLIC PAYMENT BONG !Fo//owino Th)s Paoel t3 Construcgon Sarvbas AgraamenL [2024_ver.'Ij C-� Bond No. 7901027240 EJ(HIBIT B —'I: PUBLIC PAYMENT BOND Contract No. �3 — $ t 88 KNOW ALL MEN BY THESE PRESENTS: That infinite Construction, LLC as Principal/Contractor, and N£ 'd M t I I C a y as Surety, located al Ona Wast Nationwide Boulevard, 'I-'14-30'I Columbus, OH 432'15 (Business Atldrasa) are held and firmly bound to Collier County Boarcl of County Commisaloners as Oblige in the sum off h d d I t th done hundred seventy one dollars and 89/'100 ($ 4'19 '171 89 1, This Includes allowance far the payment wharaoi we bind ourselves, our heirs, executors, personal raprasentatives, successors, antl assigns. Jointly and severally WHEREAS, Principal has entered Into a contract dated es of the _ tlay of . 20 24 with Oblige for Wasl Vantlerbuilt Drives sidewalk &landscape (project) in accordance with drawings and specifications, which contract Is Incorporated by reference and made a part hereof and Is referred to 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 Stafutas, 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 bontl is voltl; otherwise, It remains In full force. Any changes in or under the Contract and compliance or noncompliance with any formalflias con netted with the Contract or the changes do not affect sureties' obligation under this Bond. Tha provisions of this bontl era subJect [o [ha lima limitations of Seetlon 255.0592. In no event will the Surety be liable in lha aggregate to claimants for more Ihen the penal sum of this Payment Bond, regardless of the number of cults that may ba filed by claimants. IN WITNESS WHEREOF, the above parties have executed [his Instrument This '19th tlay of Junes 20 24 , the name of undersigned representative, pursuant to authority of Its governing body. Signed. sealed and dalNered In the presence of: PRINCIPAL/CONTRACTOR: Infl Hite Construction, LLC. >alure Name and Title STATE OF Florida COUNTY OF 7 � o Tha foregoing Instrument was acknowledged before ma by me a of _� Y I I presence or crllna notarization, this �a"`tlay of s at 20� by �-9) as `P �_ � tr_ a •fie_ corporation, on behalf o the corporation. /She Is s natty kno to me OR has produced R — -.� Identiflcetion not) take an oath. My Commission Expires: ��' h9 ,�°a�' (Signs ur of N tary) C'✓�d-t f+ :R-' -- CINDY GARCIA (Legibly Pflnted) MY COMMISSIONM HH 488>61 Notary PUbliq Sfata of �-IOYr CAA '��;P` E%PIRES: March 9, 2028 Commisslon No.: tt+1 440'7� SURETY: Nationwide Mutual Insurance Company One Wesf Natio 'd Boulevard 1-14-301 Authorized Signature o u�f rn� 43215 (Printed Names) (Business Address) STATE OF COVNTY OF Tha foregoing Instrument was acknowledged before ma by means of _physical presence or online notarization, this _day of 20_ by as of a corporation, on behalf of the corporation. He/She is personally known to ma OR has produced identiflcetion and did (did not) take an oath. My Commisslon Explras: (Signature of Notary) (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, States of Commisslon No.• OR POWER OF ATTORNEY fN FACT 12n24_va�Al �" t:P: rppee n Fact Signature (Attach Pdwer of Attorney Dougl R Moore (Printed Neme) 300 'I t A So th Sth floor St P t b A FL 33�0'1 (Business Address) STATE OF Florida COVNTY OF Pinellas The foregoing Instrument was acknowledged before me by means of X physical presence or online notarlaalion, this 79 day oT Juna 20 24 by D I R M ore as Attorney' Fact of Nationwi a Mu a corporalion, on behalf of the corporation H She Is rsonal y know to me OR has produced itlantifica o d not) take an osth. /�� My Commission Explras: It ilt ��" �'�r � /k.h IL9 � �\~-�— �a^ gnalure of Notary) (AFFIX OFFICIAL SEAL) Name: B ' nne L Burd' (Legibly Printed) Notary Public, Stela of Florida y"x+•"•`.','fe BRIEANNEL BURDIN Commission No.: FL .-F� �acommisswnu NH eaten �. EapMes Novomber 11, 2021 `� ' 1202a_ver.11 EXHIBIT B-2� PUBLIC PERFORMANCE BONG (Fo//ow/nv Th/s Paaa) t9 CanebucllOn Sarvlcne AglaemanC [2024wa1.11 l i.l� E ERFORMANCE BOND Bond No. 7901027240 Contract No. �� —�� KNOW ALL MEN BY THESE PRESENTS: That Infinite Construction LLC as Principal/Contractor, and N £ 'd M t I I ur C es Surety, located at O W t N T "d B I d 1-14-301 C I b OH 4421r. (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum off h d d t th d h d d my ane dollars and 89/700 ($ 419 171.89 1, in accordance with drawings and speclflcetlons, which contract Is Incorporated by reference antl made a part hereof, and Is referred to herein as the Contract. THE CONDITION OF THIS BOND Is that If Principal: 1. Pertorms the Contract at the times and In the manner prescribed In [he Contract; and 2. Pays Obtigee any and all losses, damages, coats, 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. Partorms [he guarantee of all work and materials furnished under the Contract for the Lima 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 noncompllanca with any formalities connected with the Contract or the changes do not affect Burettes obligation under this Bond. Tha Surety, for value received, hereby stipulates and agrees that no changes, axtenslons of time, alterations or additions to the terms of the Contract or other work [o be pertormed 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, axtenslons of time, alterations or additions to the terms of the Contract or to work or to the specifications. This Instrument shall ba construed in all respects as a common iaw bond. Il Is expressly understood that the lima 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 cf the number of suits that may ba filed by Obllgae. IN WITNESS WHEREOF, the above parties have executed this instrument this lstn day of June 20 24 the name of each party being affixed, and these presents duly signed by Its undersigned representative, pursuant to authority of Its governing body. Slgnad, sealed and dallvaretl In the presence of: PRI�N�CIPAL/CONnnTRACTOR: Infinite Construction, LLC. _..L..— %�- X �Nlri Signature �1J Name and Ti11e STATE OF Florida COUNTY OF tom_ The ioregoing Instrument was acknowledged before ma gphna notarisation, this 9tJ Cay of ��+� 20 a as \ re. s, des �— of not) take an oath. ' My Commission Expires: L.in�l. `t, aoag (A as - � ar c:� -Est"-'-� --= clNo onRan (Legibly Prin ed) MY COMMISSIONNHH4flar8l Notary Public, States of ��.�✓id4 �`?iP�` FJ(PIRES: Marta 9, 2028 COMTIsaIOn No.: ��' ' •� 0. 7� SURETY: Nationwide Mutual Insurance Company One West Nationwide Boulevard, 1-14-307, Authorized Signature o um us, 43215 (Printed Names) (Business Address) STATE OF COUNTY OF The foregoing Instrument was acknowledged before me by mans of _physical presence or online notarization, This _day of 20_ by as of a corporadon, on behalf of the corporation. He/She Is personally known to me OR has produced Idantificetion and did (did not) take an oath My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) (Legibly Printed) Notary Public, Slate of Commission No.: IYa29_ver.lj A rl a In act Signature (Attach war of Attorney �ougl R Moore (Printed Names) 300 7 t A S th Sth floor St P t b FL 3370'1 (Business Address) STATE OF Florida COUNTY OF Pinellas Tha foregoing Instrument was acknowledged before me online notarization, this '19 day of June 20a as Att ney {n Fact of Natio corporation, on behalf of the o to ma OR has produced not) take an oath. of X physical presence or My Commission Explras: tl ll( �a �' �� o�.tw2 � �"��- {Signature of Notary) (AFFIX OFFICIAL SEAL) Name: Br' anne L Burdim (Legibly Printed) Notary Pubilc, States of Florida r„r„� �;.•-.- BRIEANNEL BURUIN Commission No.' 1-111 rnl V'o6 CommlaabnCHH 4614]1 Ewpkas NOvcmOar 11.1a2) 12o24_vcrA] Pawar of Attomay KNOW ALL MEN BV THESE PRESENTS THAT. Nailor�wld0 Mutual lnawanca Company, an OMo corporabpn harelnaflar referretl to eavarally as the "Company' end collactivaly as "the Companies" Boas hereby make, conalllute antl eppolnC CHRISTINA MORRIS; IJOUGLAS 2 MOORE; IONATf1AN K I IAMMONP each In their Indivitlual capacity. 1[a Irua arW lawful allomey-In-fecL with NII povuar antl eulhorlly to algn, seal, antl execute an Ile behalf any and all bontla antl untlertakinga, antl other obligatory IneVumanta of almilar nature. In penalllea trot ¢xcaeding !ha sum of L7NLIMITED antl to bintl (ha Company Ihereby, as fully and b Iba same ¢xlant ea If such Instmmenta wam algnad by the tluly authorized oHlcera of Iha Company: antl all acts M saltl Allomay pursuant to the authority 91v¢n are h¢raby rallfiatl antl coMirmed. TMs power o/ ellorrrey Ia matle antl ax¢calatl pumuant ro antl by aulhotlty IX iha following reaolullon tluly aOopted by [ha boartl o! tllrec[om or iha Company: "RESOLVED. Ibal iha prasldanL or any Wce prealtlant ba, and ¢ach hereby Is, authorized antl ampowaretl to appoint attorneys -In -fact of the Company. end to authodza IM1am to ¢x¢cuta and deliver on b¢M1elT o/ Iha Company any and all bontla, forma. epplicattona. memorantlums, undertakings, cognlzencee, banafars, conVada of Intlamnity, pcllclea, conlreds guaranteeing gra fltlellly oT paraona M1oltling poettlona of public or Orlvate lruaq and other wrlgngs obligatory In neWre that [M1e buslnasa oI iha Comperry may require: antl to motlify or ravaka, with or Without cause, any such appointment ar auUrorlty; proWtlatl, howevaL IM1eI iha authority 9ranletl h¢reby arlell In no way Ilmit the authority of other duly authorizetl aganla to algn antl counleralgn any of saltl ticcumanta on behall oT the Company." "RESOLVED FURTHER. IM1at such attorneys -In -lad shall have full power and aulhorly b ex¢cula end dalNer any antl all aucM1 tlocumanla antl to bintl Iha Company sublet( to Iha (arms antl Ilmllatlorta of Iha power aT atlomay Isauetl to Iham, antl to eflix the seal of the Company thereto: provltla4 M1owavar, that aeltl seal shall nal be necessary for (ha validity M any such documanta." TFIs pourer o/ alfomay la slgrred end sealatl untlar end by Iha following bylewa tluly etloptad by the boartl of dlreGors of lM1a Company. Execution of Irubumanta. Any vice prealtlanh arty ssalatanl aecrelery or any asalatant baasurer shell haw the power antl auNotlly b elfin or sheaf all ep�^Is. rlrumenta, conbacla, or other papers In connac[lon with the oparetlon oT the buelrwas of the company In atltlhlon to rho chalrtnan of iha boartl. Iha chief aatecurWa oHlcaq prasltlanL [r¢aaurar or sacrelary; proWtletl, however, rho algnature of any of Ihem may be printaQ engravatl, or elempad on am/ approvetl tlowmanl, conbacL Instrument. or other papers oT rho Company. IN WITNESS WHEREOF, rM1e Comparry has caused this rnaVumenl to be aeabd antl tluly arlastetl by IM1a elgneWra of lla ofllcar Iha 201h tley of August, 2g2'1. /Iy Anbnlo C. Albanese. Vlca PrasltlaM of Nationwide Mulusl Inaurenca Company ACKNOWLEDGMENT �� ufxr.y�� ' STATE OF NEW VORK COUNTY OF NEW YORK: ea /��.`�� _�'. On this 2Ulb tley oT August 202'1, before ma came <ha above-nartletl oPocer for the Company to ba Iha tlescrlbatl In and who axeculae iha aforesaid, to me personally known oflicar precatlrng Insimment, antl ha acknowletlged Iba execution of Iba same, and being by me tluly :�:.SEAL�� �"'��-... n, tlapoaea and says, that M1e Is Iha olflcer of the Company afaresaltl, that Ure seal affixetl afo ' �� he la the corporate seal of aeld Company, antl Iha aeld comora[¢ seal antl bla slgnaturo ware t♦�� tluly aMxatl aM subacrlbetl to said InetmmeM by Ib¢ eulhorlly antl tllreMlon oT said Company. ae, rvPu;-asaha oM ^-��'4""" ay,�_ CERTIFICATE ' naexn ra. mu 1, Laura B. Guy. Asalalant Secretary of [ha Company, do hereby certify that the torogoing fs a fulh true antl wrrect co4rY of [ha odglnal power of etlomay Issued by Iha Company: that Iha resoruUon Inclutled Ihareln la a bu¢ end tarred banactlpt fmm the Mnul¢s of We meetings of Iha boartla of tllreclora antl the same hoe not been ravokatl or amentled In any manner, Thal saltl Anbnlo C. Albanese was on the tleta of the awrecugan o1 the foregoing power of almrnay the tluly olectetl oMcar oI iha Comperry, end Iha corporate seal antl his algnature as officer war¢ tluly affixed antl aubacrlbetl to [h¢ aeltl InalrumeM by the eulhorlly of Bald boartl of tlirectora; antl Iha Tpregoing Power of ahamey Is still In full force antl effect. IN WITNESS WFIEREOF, 1 have M1areuMo aubscrlbad my name as Asalslant sacrelary, antl aMxetl Iho corporals Beal of saltl Company tM1la 191h day of June � 30�A �QK"fo- .3- G-v �.. Aaslstent Secretary ew t(oaztloo EXHIBIT B-3: INSURANCE REQUIREMENTS (Fo!/ow/no This Paaei t5 Con¢tmc5an Servlcc¢ A9r¢amanL [2024_v ct[ �n:, Collier County Florida Iasu ranee aad Boadiag Requirements Ipsurance /Hood Type 1. ®Wwker•s Compensation Requircd Limits Statutory Limits o£ Ploritla Statutes, Chapter 940 and ail Federal Oovemmcni Statutory Limits end R.equiremente Eyitlenco of Workers' Compensation coverage or a Certificate oFExemption issued by Fha Statc oFFlorida is rcquvetl. 8ntities drat are formed ea Sole Proprietorships shell not be required to provide a proof of exemption. An application f r exemption can be obtained ordine at I // fldfs /b a. ®Employer's Liability S_1,000,000 single limit }wr ocoutrence 3. ®Commercial General Bodily Injury entl Property Damage LiabLity (Oaurrence Porm) patterned aRer [he S 1,000,000 single limit per o e, $2,000,000 aggregate for Hodily current ISO form Injury Liability and Property Damage L ability. The Oaneral Aggregate Limit Shell be endorsed to apply per prgject. This shall include Pramisea and Operadona; Iadepcntlent ConVac[ws; Protlucta entl Completctl Operations and Contractual Liability. 4. ®[ndemni£oation To the m um extort permitted by Plorida law, the ContractorNendor afiell datbnd, indxamni£y entl hold harmlasa Collier County, its ofFicers end employees from any and all liabilities, demagcs, losses and costs, including, but not limited to, nabla ettomays' f and paralegals' fees, to the extent ceased by Lhe negligencc, r'enkiasanassy or intentionally wrongful oonduct of the Contreolor/ Vendor or anyone employed or utilized by the Contrect Nendor in the performance of this Agreement. 5. ®Automobile Liability $_I,000.000_ Each Occurrence; Bodily Injury 8: Property Damage, OwnedMon-owned/Htretl; Automobilc Includetl 6. o Omar tnanranee as o noted: 9. ®Bitl bond Shall ba submitted with proposal response in the form of certified funds, cashiers' oheck or an irrevocable latter ofercdiq a cash bond posted with the County Cterk, or proposal bond in m equal m 5% of the cost proposal. Ai] oheoks shell be made payable to the Collier County Hoard of County Commissioners on a bank or tmst aompeny located in the States of Floritla and insured by the Federal Deposit Insurance Corporation. 8. ®Perforrnence and For projects in a case of $200,000, bonds shell ba submitted with the exeoutetl Payment Honda ontrflct by Proposers receiving award> and written for 100% of the Contract award unt, the cost home by the Proposer renaivLng an award. The Performance and Payment Bonds shall be undaimmitten by a urety auaaoriud ro do bnsinesa in Ne State of Florida and otherwlae accoptabla to Owner; provided, however, the surety shall be rated a ^A--" or better as [o general policy holders rating and Class V o higher rating assto flnanoial a category and the amount required shall not exceed 5% of the reported policy holders' surplus, all a reported in the most current Hest Key Rating Guides, published by A.M. Bast Company, ins. of OS Fulton Street New York, New YorK ] 0038. 9. ® Vendor shall e e that ell subcontractors comply with the same insurance requirements that he is requires to meet The same Vendor shall provide County with certificates of insurance meeting iha required insurance provlaiona. 1 O. ® Collier County moat be named as "ADDITIONAL INSLIRRD" on [ha Insurance Certificate {or Commcrciel Gemral Liability where requimd. This lnaurance shall be primary and non-contributory with respect [o any other intained by, or available for the benefit af, the Additional Insured and the Ventlor's policy shall be �do�: <a a�«.oraingly. 11. ® The CMifica[e Holder shall bon mad ea Collier County Boats of Covrtty Commissioners, OR, Board of County Conunissioners in Collier County, OR Collier County Ooyemment OR Collier County. The Certt£catae of lnaurance must state the Contract Nvmbar, or Project Number, or specific Pr Jea[ description, or moat reed: Por any ens al I work performed on behalf o{Collier County. 12. ® Ov all carYificates, the CertlIIca[e Dottier meat read: Collier County Board of Comrniseionero, 3295 Tamiemi Trail EesS Naples, FL 34I I2 13. ® Thirty t30) Deya Capcellatlon Notice required. 14. Collier County shall procure end maintain Builders Riak lnaurance on all c nstruction projects where it is dawned necessary. Such m rage shell be endorsed to cover the interests of Coliiar County as well as the Contractor. Premiums shall ba billed to the prgject end the Contracmr shall no[ include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's RiaK Insurance will ba adtlreased by the Collier County RisK Management Division. GG — 11/2/2023 Vendor's Iuaurance AccapMn<o By submission of the bid Vavdar accepts and underetanda the insurance requirements of these apecificationa and that the evidence of insurability may ba requireA within fives (5) days o{ the a and of this soticitation. The insurance wbmittcd moat provide cwemga for a minimum of six <6) months from [he Beta of award. EXHIBIT C RELEASE AND AFFIDAVIT FORM (Tsmnlata Form Fo/lowing This Pa oe) t6 ConatrucOon Servlcas Agraemenl [2024_v r.t[ C:nU EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF( ) Safora me, the untlersigned authority, personally appeared who attar being duly sworn, deposes and says: ('I) In accordance with the Contract Documents and in consitlera[lon of $ to ba received, ("Contractor") releases and waves for Itself and its subcontractors, material -men, successors and assigns, all claims tlamantls, damages, costs antl expenses, whether in contract or In fort, against the Board of County Commissioners of Collier County, Florida, relating In any way [o the pertormance of the Agreement between Contractor and Owner, tlated 20 far the period from to .This partial waiver and release is contlitionetl upon payment of the consideration described above. It is not effective until sold payment Is received In paid funds. (2) Contractor certifies for Itself and Its subcontractors, materiel -men, successors and assigns. that ell charges for labor, materials, supplies, lands, licenses and other azpensas for which Owner might ba sued or for which a lien or a demand against any payment bond might ba filed, shall ba fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of Ilans or other charges bled or assartetl against [he Owner arising out of the pertormance by Contractor of [he Work covered by this Release and AfFltlavi[. (4) Thls Release and Affitlavit is 91ven In connection with Contractor's [monthly/final) Application for Peymant No Contractor's Signature Names and Titles STATE OF COUNTY OF Tha foregoing instrument was acknowletlgatl before ma by means of _physical presence or _online notarization, [his _day of 20_ by es of a corporation, on behalf of the corporation. He/She is parsoneily known So ma OR has produced idanggcahon end ditl (did not) take en oath. My Commission Expires: (Signature of Notary] (AFFIX OFFICIAL SEAL] (Legibly Printed) Notary Public, State of Commission No.: (/C0. � ' \�� (aoaa_�ar.t7 EXHIBIT U-9 CONTRACTOR APPLICATION FOR PAYMENT FORM /Tamnlata Form Fopow/na Th/s Paas) iv CansVucllon Sarvic¢s AgreamanC [2g24_var.'I `, GP' J ExHlBlr D-� FORM OF CONTRACT APPLICATION FOR PAYMENT Co//tar Count Board of Count Commissloners the OWNER or Co///ar Count Water -Bawer Owner's ProJeci Mena ers Nama: Bitl No. Pro act No. Count 's Division Nama Purchase Order No. Submitted by Contractor Ra resentativa: Names Application Oate: Contractor's Nama ffi Atltlreas: Payment Application No. Orl Inal Contract Times: Orl Inal Contract Price: Ravisetl Contract Times: Total Chan a Ortlars to Data: Revised Contract Amount: $ Total Value of Work Completed 8 Stored [o Data: $ Retainaga Q5 % through [Insert Data] $ Retalnage � 5% through [Insert date] $ Ratainage ®% attar Insert date $ Lass Rateina9a $ Total Earned Lass Rataina e $ Lass revlous a mant s Percent Work Completed to Date: '/o AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Com tested to Date: Liquidated Damages to Ba Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersig natl CONTRACTOR certifies that: ('I) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been appliatl to tlischarga In full all obligations of CONTRACTOR incurred In connection with Work covered by prior Applications for Payment numbered 'I /hrcugh Inclusive; (2) title to all materials end equipment Incorporated to said Work or otherwise listetl In or covaratl by this Application for Payment will pass to OWNER e[ lima of payment free and clear of all (lens, claims, security interests and encumbrances (except such as covaratl by Bontl acceptable to OWNER); (3) all amounts have bean paid for work which previous payments were Issuatl and recaiyetl from the OWNER and that currant payment Is now tlue; end (4) CONTRACTOR has only Included amounts In this Application for Payment propady dues and owing and CONTRACTOR has not inclutletl within the above referenced amount any claims for unauthorized or changed Work that has not bean properly approved by Owner in writing and in ativanca of such Work. ContractOr'8 NamO contreotora s nature: Data: Types Tllle: Sha/I be signed by an authoNtad re resantat/va of the Contractor. Pa meM to lha CONTRACTOR for the above AMOUNT DUE THISAPPLICATION la recommended b Da61 n Profasalonal's Names: si nature: Date: Pa mant <o the CONTRACTOR for the above AMOUNT DUE THIB APPLICATION la racommandatl b Owner's Pro act Mena ar Name: si nature: Data: Izozayar. t] CrU E%HIBIT D-2 SCHEDULE OF VALUES (T / to F F /lowing Thls Paoe) to COnBlrvcgon SaN10@e Agreement. [2D24 \v/ t_1] —\^`� g a� s a �� EXHIBIT O-3 STORED MATERIALS fTemn/a [a Form Fol/ow/no Th/s PaoeJ /g Consbuctlon Servlcec Agreement'. [2029_var.t] arm U o_ s aN �o w— �o �w ow �� �� �m wo w� Q � O K g O O U 6 EXHIBIT D-4 CASH FLOW PROJECTION (T / t F F // / Thl P ) zo Conatructlan 9ervlcae Agr¢amanC [2024_vac� C'.. 0 W 0 K 6 3 0 x 4 0 x w g a S c � g 0 E � tl 'es.. a�as�� o ��;o 0 E �_ G 4 S s s s �_ Ye EXHIBIT E-'I: CHANGE ORDER (Temo/a to Foim Fo(/ow(na Th(s Paoe) z� Consbuctbn Sarvlces Agraamant [2g24_ver.'1[ �.r' '� co�"e.- cosHcy Procurement Services Change Order Form Contract# CO# PO# ProJe<t#: Project Nama: Contractor/Consultant Nama: 8alac[ Ona: 0 Contract Modification (Gonatrucilon or ProJact 8paelflc) � Work Ortlar Modification P roJac[ Manager Nama: Division Nama: OrI91na1 Contract/Work Order Amount Original BCC Approval Data; Agentla Item # Currant BCC Approvatl Amount Laa< BCC Approval Data; Agantla Item # Curmnt Centrect/Work Order Amount SAP Contraet Expiration Data (MABTER) Dollar Amount of this Change o.ODYe Total %Change from Original Amount Ravisatl Comreet/WerK Ortler Total go.00 D.00% %Change from Currant BGC Approvatl Amount Total Cumulaflva Changes So.op o:oox 9L Change Trom Current Ameunt Notica to Proc¢atl � Date # o£ Daya Atltlatl � # of Days TP � Ravisatl Final Date (includes this change) ComlPlaliein Date � APProlved Data � CUTent Subatantlal ComPlaHon Data (if applicable) Provitle responses after each question in box below (Responses should ba brie£ and s aciflc). Attach adtlllional information antl/or tlocumanta[lon from the Dosign Professional antl/or Contrec[or, It needed. with your submission of this Change Order antl complete ummary an next page. Chock all that apply to thla Change Ortler request: � Adtl Tima; I� Adtl funds; I� Usa of Allowance; � Motlify/Delete existing Taak(s); 17 Atld new Teak(s); L7 Reallocate funtls; � Other (must ba azplainad In detail below) �.) Detail of change/s to be made through this Change Order. 2.) If this Cha nga Order is currently under a Stop Work, please identify the date issu ad and number of days remaining 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 t of 4 Change Order Farm (2g24 var.t) ' � r_, co�"e.- cos,-.ny Procurement Services Change Order Form Contract# CO# PO# Project #: Project Names: contractor/consultant Neme: Change Order/Amendment Summary (If addi[lonal apacas needed. attachatl a saparete Summary page to this emantlmant request) CO# AMU# Uaacrip<lon COST TIME Justifleatlen Additive OaducUva Gays Addatl Total New Times � Check here if adtllNonal summary pages era attachatl to this Change Order Pages 2 of 4 e hangs Ortlar Form (2023_var.1J t r�U co�,- cot.,.'tty Procurement Services Change Ortler Form Contract# CO# PO# Project#: Project Nama: COnlraCtO r/COna Vllant Nama: Acceptance of th/s Change Order she// eonat/fd[a a mod/f/cat/on to contract / wor/r order IdantMatl above and wu/ na aubfact to a// the same terms and condli/ons as contained /n the contract / worh order Indicated above, as fu//y as !f the same ware stated /n this accaplanca. Tha adJustmant, If any, to the Contract she// tonal/lute a fu// antl f/na! sett/emen! of any and a// calms of the Contractor /Vendor / Consu/tent / Oea/gn ProPasstona/ arJsing out of or re/atad to fhe chanHe sat forth hera/n, Including c/a/ms for Impact end da/ay costs. Contractor/Consultanf/Oaslgn Pro fasslona/ s/gnatura below must be from a author/zed parson/off/ca /director of the Company or //sled as fhe qua!lflad //tensed Profass/ona/ "Project Coordinator" or Daslgn/Eng/near Pro lesslona/ under the agreement S/gnature author/ty of parson s/Hn/nH w//I be varlffad through [ha contract OB_through the F/orlda Oapartment of Stals, Olvls/on oP Corporations (Sunb/zJ webstta (hff �//d f/ /d coMsunblz/search/). !f the parson slHnJng /s not //s [ad, wa w/!! raqu/ia s/gnature aulhorl[y by one of the //sled aff/cars/dliaclors of fhe company glving that parson a/gnature authority. Prepared by: Data: Signature-Dlvlalon Project Manager Accaptatl by: Oates: Signature- DeaignlEngineer Professional (If appllcabls) Ptlntea NameTtla/Company Nama Accepted by: Date: Signature- Con[ractpr/Conaul[antNandor Printatl Neme/Title/ Company Nama Approved by: Date: Signature-Dlvislon Manager or Dealgnaa (Opt/one/) Apprevad by: Data: Signature-Divlalon Director. or Daalgnaa (OpflonaQ Approved by: Data: Signature-Dlvlslon Administrator or ovalgnaa (OpdonaQ Page 3 of 4 Obanga Ortlar Form (2024_var.t) ;l CO SBY COLiHT� Procurement Services Change Order Form Contract# CO# PO# Protect#: Project Nama: Contractrn/Cenaultant Nama: FY CHO Raquas[ # Approved by: Signature -Procurement Profesalonal Signature/Dale Approved by: Signature -Procurement Manager/Director (OPT/ONA/� APPROVAL TYPE � Admin lstrative 0 Administrative -BCC Report � BCC Stand -Alone ES (BGC Approval Required) BCC APPROVAL ATTEST: Crystal K. Klnzel, Clark of the Circul[ Court BOARD OF COVNTY COMMISSIONERS antl Comptroller COLLIER COUNTY. FLORIDA ey: Da[ed: (SEAL) (_� Chairman Data: Agenda # Approved as [o Form and Legality: Deputy County Aftornay Print Name Page 4 of 4 Change Order Form (2a24_var.1J C`! '/� EXHIBIT E-2: WORK DIRECTIVE FORM /Template Form Fo//awlnn Thls Paae) ss Conelmcllon Servlcae AgraemanC [�0g4y r.tj /� t_f r� EXHIBIT E-2 WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: CoI11er County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are dir¢ct¢d [¢ proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments If a claim is made that the above changes) have affected Contract amount or Contract Times any claim £or a Change Ordor based thereon will involve one or more of the following methods of determining the effect Method of determining change in Contract amount: Method of determining change in Contract Times: � Unit Prices � CONTRACTOR'S records 0 Lump Sum 0 Engineer's record � Other � Other A not -to -exceed itemized estimated increase Estimated change in Contract Time: (decrease) in Contract amount: $ Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: BY: Engines'/Oeslgn Professional OwneYs Represen[aiive [2e29_ve r.11 f � EXHIBIT F-'1 CERTIFICATE OF SUBSTANTIAL COMPLETION FORM (Tama/eta Form Fo//ow/no Th/s Paoel za Con¢trudlon Services Agreement: [2g24_var. t] -'\) {e .: / EXHIBIT F-1 CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional Project No. PROJECT: CONTRACTOR Contract For Contract Oata This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for Its into ndad use. Tha Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR ANO DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION Iza2a_vAr.Qf.��� This list may not be all-inclusive, and the failure to include an item In it does not altar the rasponsibillty of CONTRACTOR to tom plate all the Work in accordance with the Contract Documents. The items in the final punch list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion and Contractor shall provide Owner with written notice that all punch list items have bean completed. Tha responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance, and warranties shall ba as follows: RESPONSIBILITIES: C�]�iV .I�Ci CONTRACTOR: Tha following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Slgnatu ra of D¢sign Professional 20 Types Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20_ and will submit within five calendar days, an approved pay application to b ocle k(o7 II'ercl K m. Tha pay application will include regular schedule of value scope work to be billed and all work to be billed for all change orders. Slgnatur¢ of Contractor Type Names and Title OWNER acts pts this Certificate of Substantial Completion on Signature of Owner Types Name and Title 20 ((//,, o Izoza_visr-.n_� EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION FORM lTemo/ate Form Fo//owing This Pace) u Con9tmcllan Sarvlce9 A9recm®nC I2024_Var.'Ij ( L� =� 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 completion applies to all Work under the Contract docu moms. 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 [zoza_ 'C3 I ntantlonally left blank Executed by Design Professional on Slgnatu re of Design Professional Type Name 20 CONTRACTOR accepts this Certificate of Final Substantial on this . 20_ Signature of Contraotor Type Nama and Titls OWNER accepts this Certificate of Final Substantial on this � 20 Signature of Owner Type Nama and Title cr.o I2024_vac'I I EXHIBIT F-3 PUNCH LIST FORM /Tamula to Form Fo//owing Thls Paos) zs Conslrucgon Servlcas Agraamenl [2024_ver.1/[ !`- �'J EXHIBIT F-3 PUNCH LIST FORM EXHIBIT G-'I FINAL PAYMENT CHEC KLI3T fTamo/a to Form Fo//ow/nv Thls Paval zo cocsi.�Mio., servwes norea..�a�c Izoza_�crn7 Bid No.: Contractor: EXHIBIT G-'1: FINAL PAYMENT CHECKLIST Project No.: m Data: The following items have bean secured by [ha - for the Projac[ known as antl have been reviewed antl found to comply with the requirements of the Contract Documents. Original Contract Amount: Commencement Date: _ Final Contract Amount: Substantial Completion Tlma as sat forth In the Agreement: Calendar Days. Actual Data of Substantial Complatlon: Final Complatlon Times as se[ forth in the AgreamanT. Calendar Days. Actual Final Completion Date: YES NO t. All Punch List items complatatl on � .Q r1 2. Warranties end Guarantees assigned to Owner (attach to this form). 3. Effective dale of General one year warranty from Contractor Is: 0 0 4. 2 copies of Operation and Maintenance manuals for equipment and 0 system submittetl (list manuals in attachment to this form). � 5. As -Bull[ drawinga obtainatl antl dated: �. 6. Owner personnel trained on system antl equlpmanf operation. 7. Certificate of Occupancy No.: � Issuatl on (ai[ach [o this form). � �_ 8. Certificate oT Subataniiel Complatlon issued on 9. Final Payment Application and Affitlavits recelvatl from Contractor on: 'I O. Consent of Surety received on Operating Department notiRatl Protect Is In operating phase. 11. personnel � t 2. All Spares Parts or Special Tools provitlad to Owner: �_, �__ '13. Finished Floor Elevation Certificate provitletl /o Owner: � � '14. Other: If any of the above is no[ applicable, Indicate by N/A. IT NO Is checked for any of the above, attach axplanetlon. Acknowlatlgmants: Exacutatl by Design Professional on . 20 Signature of Design Professional Types Name and Titles Exacutatl by Contractor on . 20 Signature of Contractor Types Name and Title Exacutatl by Owner on . 20 Signature of Owner Types Neme and Titles 1 c.!'``� EXHIBIT G-2 WARRANTY /Tamo/ate Form Fo//ow/no Th/s Paaa) 2] Gonstrucgon Sarvlcas Agreement [2g24_var. _1j ����� EXHIBIT G-2 WARRANTY In consideration of ten dollars, ($'I O.00j, 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 pertormad by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. P roJect Name: Date of Substantial Completion: Name and Address of CONTRACTOR CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall ba free of all defects of materials and workmanship for a period of one year from the DATE OF SUBSTANTIAL COMPLETION. The undersigned party further agrees that it will, at Its own axpe nse, 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/o�ida Statutes, Chapter 95, at seq. CONTRACTOR: WITNESS: Names Printed and Title Name Prin[etl �����-�� [2o24_var.t] EXHIBIT H: GEN ERAL TERMS AND CONDITIONS INTENT OF CONTRACT DOCUMENTS. f.f It is the intent of the Contract Documents to describe a to nctionally complete Protect (or portion thereof) to ba constructed In accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall ba supplied whether or not specifically called for. When words which have a well-known technical or trade meaning era used to describe work, materials or equipment, such wards shall be Interpreted In accordance with that meaning. Reference to standard spacificaYlons, manuals or codas of any technical society, organization, or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, coda, law or regulation in effect at the time the Work is pertormad, except as may be otherwise specifically stated heroin. '1.2 If before or during the performance of the Work Contractor discovers a conflict, error or d iscrapancy in the Contract Documents, Contractor Immediately shall report same to the Project Manager in writing and before proceeding with the Work affacked 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 directly with Design Professional or some other third party, as directed by Protect Manager. Contractor shall take field measurements and verify field conditions and shell carefully compare such field measurem ants and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1 .3 Drawings era intended to show general arrangements, design and extent of Work and era not intended to serve as shop drawings. Specifications 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 avant of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall ba req uirad to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, 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 installatl as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.'1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying Itself concerning the nature and location of the Work and [ha ganarel and local conditions, and particularly, but without lim itatlon, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surtaca conditions; nature and quantity of the surface materials to ba encountered; subsurtaca conditions; equipment and facilities needed preliminary to and during Pertormanca 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 responsibllitles to pertorm under the Contract Documents, nor shall it be consitlered the basis for any claim for additional time or compensation. 2a Conatructlon Services PBreamant t2024_ver.lj —_ �f '� 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Util ltias". Contractor shall contact the owners of all Util itles to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate Its Work around any such relocation or temporary service Interruption. Contractor shall be responsible for properly shoring, supporting, and protecting ail Utilities at all times during the course of the Work. Tha Contractor is responsible for coordinating all other utility work so es to not intertara with the prosecution of the Work (except trios¢ utilities to be coordinated by the Owner as may ba expressly d¢scribad elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from [hose Indicated in the Contract Documents or (li) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Docu merits, and which reasonably should not have bean discovered by Contractor as part of its scope of site investigative services required pursuant to the tarma of the Contract Docu manta, than Contractor shall provide Owner with prompt written notice thereof before conditions era disturbed and In no avant later than three (3) calendar days after first observance of such conditions. Owner and D¢sign Professional shall promptly investigate such conditions and, If they differ materially and cause an Increase or decrease in Contractor's cost of, or lima required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site era not materially different from those Indicated In the Contract Documents or not of an unusual nature or should have bean discovered by Contractor as part of its Investigative services, and that no change in the terms of the Agreement Is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must ba made within seven (7) calendar days altar Contractor's receipt of Owner's written datarmination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of pertormanca, the dispute resolution procedure set Fonh in the Contract Documents shall ba complied with by the parties. 3. SCHEDULE. 3.'I The Contractor, within ten ('i O) calendar days after [he 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"). Tha 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 Times. Tha Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall ba subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. Tha ProJact Manager's review and approval of the submitted Progress Schedule updates shall ba a condition precedent to th¢ Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall ba pertormed in accordance with the requirements of all Collier County Noises Ordinances then in effect. Unless otherwise specified, work will generally ba za Conatrvc[bn Sarvfcea Agr¢amanL t2029_var.'I] c.^ 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 (east ten ('I O) days prior to submitting the monthly Application for Payman[, the Contractor shall submit to the Project Manager a final schedule of values and "cash flow protection" that establishes iha 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 Prices. Tha Schedule of Values shall ba satisfackory in form and substenca to the Project Manager and shall subdivide the Work into component parts in sufficient delali to serve as the basis far measuring quantities in place and calculating amounts for the Contractor's monthly progress payments during construction. Further, it shall include the Ilat of Its Subcontractors and materialman submitted with Its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that eny modifications to iha Ilst of Subcontractors submitted with Contractor's Bid end any subseq uantly identified Subcontractors are subject to Owner's prior written approval. Unsupported or unreasonable allocation of the Contract Price to any one activity shall be Justification for 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 ProJact 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 Protect Manager, it shall ba Incorporated Into the form of Application for Payment attached to the Agreement as Exhibit D and shall ba used as the basis for the Contractor s monthly Applications for Payment. Tha schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative. 4.2 The first Application for Payment shall ba submitted no earlier than thirty (30) days after the Commencement Date, and monthly thereafter, but not more often than once a month or prior to substantial com elation being mat. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit Its Invoice for any required Payment and Pertormance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner cartifled copies of the receipts evidencing iha premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner In advance and In writing, said approval at Owner's sole discretion, Owner Is not required to make any payment for materials or equipment that have not been Incorporated into the Project. If payment is requested on the basis of materials and equipment not Incorporated Into the ProJact, but delivered and suitably stored at iha site or at another location agreed to by iha Owner in writing, iha Application for Payment shall also ba accompanied by a bill of sale, invcice or other documentation warranting that the Owner has received iha materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence Yhat iha materials and equipment era covered by appropriate property Insurance and other arrangements to protect Owner's interest therein, all of which shall ba subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, iha Stored Materials Record form attached hereto and made a part hereof as Exhibit D-3. 30 Cona4ucUon sarvlcae A9reamenl: I2U24_var.11 `/l \ __. 4.4 The 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 less than eighty- fiva percent (85 %) of the projected amount for that month (as established by the Contractor in the cash flow projection form it submits), than the Contractor may ba barred from bidding other County projects until the value of Work in place is corrected and within ninety-five (95%) of the projected value. (See attached Exhibit D-4, Cash Flow Projection form). 4.5 Contractor shall submit its monthly Application for Payment to the ProJact Manager or his or her deslg nee, 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 timaframes sat forth in Section 2'18.735 F.S., the ProJact Manager, or Design Professional, shall either: ('I) Indicate ita approval of the requested payment; C2) Indicate its approval of only a portion of the requested payment, stating in writing Its reasons therefor or (3) return the Applicatlon for Payment to the Contractor Indicating, in wNting, the reason for r¢fusin9 to approve payment. Payments of proper invoices shall ba processed in accordance with Section 2'18.735, F.S. and the farms of the Contract Documents. 4.6 In the event of a total denial by Owner and ratu rn of [he Application for Payment by [ha Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within tan (f0) business days after the Applicatlon 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 ratalnage 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 withholtling retainaga at a rate lass than five percent (5 %) of each monthly progress payment as otheni✓isa allowable under Section 255.078, Florida Statutes. Any reduction in ratainage below the maximum amount set forth in Section 255.078, Florida Statutes shall ba at the sole discretion of [he Owner. Such rota inaga shall ba accumulated and not released to Contractor until final payment is duo unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on ratainaga shall accrue to the benefit of the Owner. 4.8 Monthly payments to Contractor shall in no way imply approval or acceptant¢ of Contractor's Work. 4.9 Each Applicatlon for Payment, subsequent to the first pay application, shall ba 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 end other bills that era then duo and payable by Owner with respect to the currant Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor, or supplier has bean paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits era furnished by Contractor. 4.'I 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 Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Cash Flow Projection, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary accalaration or early at Constrvcibn Servbas P.greemanl [2024_vac'q - C(ll-:�/ -'�� completion of the Work shall modify the time of payments to Contractor as sat forth in Exhibit D-4, Cash Flow Projactlon. 4.'I'I Notwithstanding ahy[hing In She Contract Oocuments to the contrary, Contractor acknowledges and agrees that in the avant of a dispute concerning Payments for Work performed u ndar this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending rasolutlon of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.12 Payments will ba made for services furnished, delivered, and accepted, upon receipt and approval of Invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of Invoices beyond the sp¢ciffed deadline period Is subject to non- peymant untlar the legal doctrine of "lathes" es untimely submitted. Time shall be deemed of the assents with respect to the timely submission of invoices under this agreement. 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. The Owner may not accept any additional surcharges (credit card transaction fees) as a result of using the Owner's credit card for transactions relating to this agreement. 5. PAYMENTS WITHHELD. 5.'I The ProJact Manager may decline to approve any Application for Payment, or portions thereof, because of subs¢quantly discovered evidence or subsequent Inspections that reveal non- compllanca with the Contract Documents. Tha Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such 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 flied or reasonable evidence Indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work ten ba completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be tom plated 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 expanse. Provided howev¢r, in the event of an emergency, Owner shall not ba required to provide Contractor any written notice prior to rectifying the situation at Contractors expanse. 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 Iim ited to taxers or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed [o the County by applying the amount owed to the vendor or contractor for servic¢s pertormad of far materials delivered in association with a contract. 5.4 If a subcontractor Is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall ba defined as any Parent or Subsidiary of the 32 ConatruGlOn sBNlcas AgreaTBnl [2024_vaf.t] �� [ l Company and any business, corporation, partnership, limited (lability company or other entity In which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indir¢ctly. rf��t.m��_v�r.ta;:rt� 6.'I Owner shall make Final Payment to Contractor In accordance with Section 218.735, F.S. and the terms of the Contract Documents after the Work is finally inspected and accepted by Project Manager as sat forth with Section 20.'I herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to Final Payment, shall have furnished Owner with a properly executed and notarized copy of the Ral¢asa and Affidavit form attached as Exhibit C, as wall as, a duly executed copy of the Surety's consent to Final Payment and such other documentation that may be required by the Contract Documents antl the Owner. Prior to release of Final Payment and final retainaga, the Contractor's Representative and the Project Manager shall jointly complete the Final Acceptance and Final Payment Checklist, a rapresentativa copy of which is attached to Yhis Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Protect, ¢xcept thos¢ previously matla in writing in accordance with the raquirem¢nts 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. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all raquiram¢nts for approval of materials to be submitted such as shop tlrawings, data, Last 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 time to prevent any delay In the delivery of such materials antl the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the Hama of a proprietary Item or the Hama of a particular supplier, th¢ naming of the item Is Intendatl to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permittatl, materials or aqulpmant of other suppliers may be accepted by Owner if sufficient Information is submitted by Contractor to allow the Owner to determine that the material or aqulpmant proposed is equivalent or equal to that Hamad. Requests for review of substitute items of material and aqulpmant will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manag¢r within thirty (30) calendar days after Notice to Proceed is received by Contractor, unless otherwise mutually agreed in writing by Owner antl Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or aqulpmant, Contractor shall make application to the Project Manager for acceptance [heraot, certifying that the proposed substitute shall edeq uataly partorrn the functions and achieve the r¢sults called for by the general design, ba similar and of equal substance to that specified antl ba suited to the same use as that specified. Tha application shall state that the evaluation and accaptane¢ of the propos¢d substitute will not prejudice Contractor's achievement of substantial com elation on Lima, whether or not acceptance of the substitute for use in the Work will require a change In any of the Contract 93 Canalluollon SaNlcas A9faemenC [2O24waf.t[ (% l d_'/1 Documents (or In the provisions of any other direct contract with Owner for the ProJact) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in con naction with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified In the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall ba considered by the Project Manager in evaluating the proposed substitute. Tha ProJact Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, tachniq ue, seq uenca or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufilciant Information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. Tha procedures for submission to and review by the Project Manager shall ba the same as those provided herein for substitute materials and equipment. 7.5 The Protect Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, If n¢ed be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the ProJact Manager's prior written acceptance which shall be evidenced by a Chan9a Order, a Work Directive Change, a Field Order or an approved Shop Drawing. Tha Owner may require Contractor to furnish at Contractor's expanse a spacial performance guarantee or other surety with respect to any substitute. Tha ProJact Manager will record lima required by the Project Manager and the Project Manager's consultants In evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BVILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding weak In a format approved by the Project Manager. Tha daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low t¢mperatures during work hours, [he amount of pracipitatlon received on the Protect site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 Tha hours of operation by Contractor's and Sub -Contractor's personnel; 8.t.4 The number of Contractor's and Sub -Contractor's parsonn¢I present and working at the ProJact site, by subcontract and tred¢; 8.1.5 All aq uipment present at the Protect site, description of equipment use and designation of lima equipment was used (specifically indicating any down time); 34 Conatrucllon Services A9r¢amanC t2024_var.'ll - -� /\� 1 \—_ 8.1 .6 Description of Work being partorm ed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.f .8 Materials rec¢ived at the Project site; 8.1.9 A list of all visitors to the Projec[ 8.1 .1 O Any problems that might impact either the cost or quality of the Work or the time of partormanca. Tha daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of iha Contract Documents, including, buY not limited to, all drawings, specifications, ad Banda, amendments, Change Orders, Work Directive Changes and Field Orders, as wall as all written intarpratations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. Tha annotated drawings shall be contin uousty updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes r¢sulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit, and utility services. All buried and concealed Items, both inside and outside the Poejecl site, shall ba accurately located on the annotated drawings as to depth and in relationship td not lass 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 ba given in a neat and I¢gibla manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be avallabla to the Protect Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record docu manta, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of flue (5) years from the date of termination of this Agreement or the date the Project is completed, or such longer period as may ba required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with sp¢cifically those contractual requirements in 119.0701 (2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communieatlons, Government and Public Affairs 3299 Tamlaml Trail East, Sulfa 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: P bli R dR tCo� 111 tvfl c 35 Conatructlon Sarvlcan Agreement [2029_vehl] j ' r `.l' The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to partorm 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 time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public retards 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 meet all applicabl¢ requirements for retaining public records. All records stored ¢lac[ronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the Information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work batng done on the Project by its subcontractors end matarlalman, as well as coordinating its Work with all work of others at the Project Site, so that Its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall ba solely responsible for all construction means, methods, techniques, sequences, and procedures, as wall 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 the Owner in writing within forty-eight (48) hours after the tom mancement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interteranca, in¢fflclency, suspension or delay In the commencement or progress of the Work from any cause whatever, including those for which Owner may ba responsible, in whole or in part, shall relieve Contractor of its duly to partorm or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no tlamagas for daisy. Contractor's sole remedy, if any, against Owner will ba the right to seek an extension to the Contract Time; provided. however, the granting of any such lima extension shall not ba a condition precedent to the aforementioned "No Da mega For Delay" provision. This paragraph shall expressly apply to claims for early completion, as wall as to claims based on late completion. 36 CODStrUctlw SONIC09 Ag�aama0l: [2024yaG1] " 1 [,1�� 9.4 In no event shall any approval by Owner authorizing Contractor to continue partorming Work under this Agreement or any payment issued by Owner to Contractor ba deemed a walvar of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to Increase or decrease the Work. Promptly after being notified ofi a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result ofi the chan9¢. Except In an emergency endangering life or property, or as expressly sat forth herein, nc addition or changes to the Work shall ba made except upon written order of Owner in the form of a Work Directive, Exhibit E-2, and Owner shall not ba liable to the Contractor for any increased comp¢nsatlon without such written order. No officer, employee or agent of Owner Is authorized [o tlirect any extra or changed work orally. Any alleged changes must ba approved by Owner in writing prior to starting such items. Owner will not be rasponsl ble for the costs of any changes commenced without Owners express prior written approval. Failure to obtain such prior written approval for any changes will ba deemed: (i) a walvar of any claim by Contractor for such items and (II) an admission by Contractor that such items are in fact not a change but rather era part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall ba issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Changes Orders. The Contract Amount and Contract Times shall be adjusted in [he Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Chang¢ Order for the requested change, Contractor shell, nevertheless, promptly pertorm the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adJustment determination, Contractor must make a claim pursuant to Section 11 of these Ganaral Conditions or else ba deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in en increase to the Contract Amount, the amount of the increase shall ba limited to the Contractor's reasonable direct labor and maternal costs and reasonable actual equipment costs as a result of the change (Including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum 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 be permitted, with a maximum five percent (5 %) markup thar¢on by the Contractor for all of its overhead end profit, for a total maximum markup of fifteen percent (15 % ). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is Included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.6 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 rasp¢ct to Contractor's costs associated with any Payment Application, Change Order or Work Directive Changes. 10.6 Tha ProJact Manager shall hav¢ authority to order minor changes in the Work not Involving an ad)ustmant to the Contract Amount or an extension to the Contract Tlma and not Inconsistent with 37 ConsVuctlon Sarvlcea Agr¢amant [2024_vao'I] - C]� the Intent of khe Contract Documents. Such changes may ba 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 be in compliance with the County Procurement O rdinanca, as amended and the terms of the Contract Documents in affect et the time such modifications ar¢ authorized. 11. CLAIMS AND DISPUTES 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of mon¢y, extension of time or other relief with respect to [he terms of the Contract Documents. Tha term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. Tha rasponslbil ity to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the avant giving rise to such Claim or else the Contractor shall ba deemed to have waived the Claim. Written supporting data shall ba submitted to the Protect Manager within fift¢en (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else th¢ Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its partormanca as directed by [ha Owner, regardless of any pending Claim, action, suit, or administrative proceeding, unless otherwise agreed to by the Owner fn writing. Owner shall continue to make payments In accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the ProJact at the site by Owner's own forces, have other work partormad by utility owners or let other direct contracts. If [he fact that such other work Is to ba pertormad is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that tact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to sand the above required forty-eight (48) hour notice, the Contractor will ba deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or If Owner is partormin9 the additional work with Owner's employees) prop¢r and safe access to the site and a reasonable opportunity for the Introduction and storage of materials and equipment and the execution of such work and shall properly connect and coord inata its Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be 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 be affected. Tha duties and responsibilities of Contractor under this paragraph era for the benefit of such utility owners and other Contractors to the extant that there are comparable provisions for the 38 ConstrvcHon Services Agreement: [2024_mr.1] � 1 c ,l /1 benefit of Contractor In said direct contracts between Owner and such utility owners and other contractors. 72.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager In writing any delays, defects or deficiencies in such work that render it unavallabla or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 73. INDEMNIFICATION AND INSURANCE. 73.7 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify, and hold harmless Colli¢r County, Its officers and employees from any and all liabilities, damages, losses and costs, Including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the pertormance of this Agreement. 73.2 The 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 ultimata liability of the Contractor, Owner, antl any indemnified party. The duty to defend arises immediately upon prasantetion of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indam nify and defend under this Article 73 will survive the expiration or earHar termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter Indemnified hereunder Is fully and finally barred by the applicable statute of limitations. 73.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of kha types and in the amounts set forth in the Insurance and Bonding Raquiram¢nts form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the farms, conditions, requirements and obligations set forth under Exhibit B-3. 74_ COMPLIANCE WITH LAWS. 74.7 Contractor agrees to comply, at its own ¢xpensa, with all federal, state and local laws, codas, statutes, ordinances, rules, regulations and requirements applicabl¢ 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 thar¢with, it shall promptly notify Project Manager in writing. To the extant any law. rule, regulation, code, statute, or ordinance requires the Inclusion of certain terms in this Agreement in order for this Agreement to ba enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it Is understood and agreed that in the avant of a change in any applicable laws, ordinances, rules or regulations subsequent to the data this Agreement was executed that Increas¢s the Contractor's time or cost of performance of the Work. Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the data of this Agreement. 74.2 By executing and ¢ntering Into this agreement, the Contractor is formally acknowledging without axc¢ption or stipulation that it Ia fully responsible for complying with the provisions of the Immigration Reform and Control Act of 7986 as located at B V.S.C. 7324, et se .and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws 3B Conslmcllon Services Agr¢emanC t2024_var.7] — r,I� referenced herein shall constitute a breach of this agreamant and the County shall have the discretion to unilaterally terminate this agreement immediately. '14.3 Statutes and exacuHva orders require employers to abide by the immigration laws of the United States and to employ only Individuals who are eligible to work in the United States, including the r¢quiramants sat forth in Florida Statute, §448.095. Tha Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), prgvldas an Intarnat- basad means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility v¢rification requirements. Tha program will be used for Collier County formal Invitations to Bid (ITB) and Raquast for Proposals (RFP) Including professional services and construction services. Contractors /Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their ¢nrollmant, at the lima 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 executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. Tha affidavit (s attached to the solicitation docu ments. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to [ha program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following wabsite: http-//www.dhs.aov/E-Verifv. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firms) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seo, and regulations relating thereto, as ether may ba amended and with the provisions contained within this affidavit. Failu ra by the awarded firms) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreamant and the County shall have the discretion to unilaterally terminate said agreement immediately. '15. CLEANUP AND PROTECTIONS. '15.1 Contractor agrees to keep the ProJact 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 wall as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. '15.2 Any existing surface or subsu rfaca improvements, Including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not Indicated in the Contract Docu manta to be removed or altered, shall ba protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged ao COn81Nc�bn Services Agreement [202a_var.'IJ i-I� �� shall ba restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. '16. ASSIGNMENT. 'I 6.'I Contractor shall not assign this Agreement or any part [hereof, without the prior consent in writing of Owner. Any attam pt 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 assumatl toward Owner. 17. PERMITS, LICENSES AND TAXES. '17.'I Pursuant [o Section 2'18.80, F.S., Owner will pay for all Collier County permits and fees, Including license fees, permit fees, impact fees or Inspection fees applicable to the Work through an internal budget transfar(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is r¢sponsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. '17.2 All permits, fees and licenses necessary for the prosecution of the Work which era not issued by Collier County shall be acquired and paid for by the Contractor. '17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which era applicable during the performance of the Work. 18_ TERMINATION FOR DEFAULT. '1 B.'1 Contractor shall be considered In material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: ('I) fails to begin the Work under the Contract Documents within the time specified herein; or (2) falls to properly and timely perform the Work as directed by the Project Manager or as provided for In the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or r¢place such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has bean suspantlatl within a reasonable t(me after being notified tc do so; or (6) becomes insolvent or Is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final Judgment to stand against It unsatisfied for more than ten ('10) days; or (8) makes an assignment for the benefit of creditors; or (g) fails to obey any applicable codas, laws, ordinances, rules or regulations with respect to the Work; or (t0) materially breaches any other provision of th¢ Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's tlafault(s). If Owner determines that Contractor has not rematlied and cured the dafault(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consantatl to by Owner in writing end in its sole discretion, than Owner. at its option, without releasing or waiving its rights and rametlias against the Contractor's sureties and without prejudice to any other right or ramatly it may be entitled to hereunder or by law, may terminate Contractors right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's 4t COnslnacHon 3BNICOs A9r¢amant 12024_var.'I] � — t.-� % 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. 1 B.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to racalve any further payments hereunder until after the Project is complatad. All moneys expanded and all of the costs, losses, dama9as and extra expanses, Including ail management, administrative and other overhead and other direct and Indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall ba deducted from the Contract Amount, and If such expenditures exceed [ha unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (Including appeals) and interest thereon at the maximum legal Bata of interest until paid. If the unpaid balance of the Contract Amount exceeds ail such costs, axpanditures and damages incurred by the Owner to complete the Work, such excess shall ba paid to the Contractor. Tha amount to ba 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 tarminatlon of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assu mad by Owner in good faith under the belief that such payments or assumptions ware necessary or required, In completing the Work and providing labor, materials, equipment, supplies, and other items tharefora 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. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not In default, or that Its default was excusable, or that Owner is not antitlad to the remedies against Contractor provided herein, than the termination will ba deemed a tarminatlon for convenience and Contractor's ramedles against Owner shall ba the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the avant (I) Owner falls to make any undisputed payment to Contractor within thirty (30) days after such payment is duo or Owner otharwlsa persistently falls to fulfill soma motorist obligation owed by Owner tc Contractor under this Agreement, and (il) Owner has felled to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this A9reamant until such default is cured, after giving Owner a second fourteen (t 4) days written notice of Contractor's intention to stop partormanee under the Agreement. If the Work Is so stopped for a partod of ono hundred and twenty (12Q) consecutive days through no act or fault of the Contractor or Its Subcontractors or their agents or employees or any other persons partorming portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving wrtttan notice to Owner of Contractor's intent to tarrninata this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's writfan notice, Contractor may, upon fourteen (14) 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 avant shall Contractor ba antitlad to payment for Work noY pertormed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPEN310 N. 19.1 Owner shall have the right [o terminate this Agreement without cause upon seven (7) calendar days writfan notice to Contractor. In the event of such termination for convanienca, Contractor's recovery against Owner shall ba limited to that portion of the Contract Amount earned az cooe�.omm� sar.maa /+sreo,nanc [zoza_.. r.Yl /' 1 through the data of termination, together with any retainage withheld and reasonable termination expanses incurred, but Contractor shall not ba entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. � 9.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not lass than two (2) calendar days' prior written notice of such suspanslon. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to Its schedule In accordance with the procedures set forth In the Contract Documents. In no event shall the Contractor ba entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with reapact to that portion of the Work which is subject to the ordered suspanslon. 20. COMPLETION. S b t ti I C 1 t' d D 1 t f th P h List 20.'I Substantial Completion is as defined In the Defined Terms section of this Agreement. When the Contractor believes Substantial Completion has been achieved, it shall certify in writing to the Project Manager that the Project is Substantially Complete in accordance with the Contract Documents and request the ProJact Manager to inspect the Work and to issue a Certificate of Substantial Completion. Prior to making such a request the Contractor must: a) Complete all Work necessary for the safe, proper and complete use or operation of the Project as intended, including: all regulatory agency requirements era satisflad, including occupancy permits; operating certificates and similar releases; all operational tasting 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 aContractor-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 shall Include and list separately the estimated cost to complete each remaining unfinished item Included on the Ilst with an explanation 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, the 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 daterm lna whether the Work is ready for Substantial Completion Inspection. If this review fails to support Substantial Com piation inspection, the ProJact 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 inspection, the following procedures will ba fo)lowad: f. Tha ProJeet Manager will, within a reasonable time, schedule, and conduct inapection(s) of the Work with the Professional (if any), other Owner 43 COnstructlOn SBNICB9 H9r¢amBnl: [2029_v r.1] l� personnel as required, and the Contractor for the purpose of formally reviewing the status of com plation of the Work, the readiness of the ProJact for use and the Contractor -generated Punch List. A copy of the Contractor- generatad punch list will 6a provided to all participants and any additional Items noted during the Inspection will be added to the list. Tha Project Manager, the Professional, Yhalr representatives and other Owner raprasantatives will review the Work and 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 ProJact Manager and Contractor disagree on whether an item belongs on the Punch List, the PraJact Manager has the final say on whether the Item is Included or not. Tha 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 inspactlon(s), the Owner considers the Project Substantially Complete, the Project Manager shall prepare a Certificate of Substantial Completion to establish the date for Substantial Completion as the data of khe completed inspaction(s). The Certificate of Substantial Com plation shall ba approved by the Owner upon the signature of both the Project Manager and the Professional and shall be issued [o the Contractor. The Certificate shall fix the date of Substantial Completion. 4. Substantial Completion cannot occur until all conditions necessary For safe end proper use, occupancy, maintenance, and operations era in place. 20.2 Time Frames for Issuance of the Punch List (a) Tha Owner shall issue the Punch List to the Contractor within the time frames described below, provided that the Contractor has completed Its obligations in providing a proper contractor -generated Punch List prior to the Substantial Completion inspection. (b) For construction estimated to cos[ lass than tan million dollars ($10,000.000.00), the Punch List must be finalized within thirty (30) Days after the Substantial Completion date. (c) For construction projects estimated to cost more than ten million dollars ($'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 one building or structure or multiple phases, the Punch Ltst must be prepared for each building, structure or phase within thirty (30) Days of the Substantial Com plation date of a particular bulltling, structure or phase if it is estimated to cost less than ten 99 Conslruct�on SBrvicae H9raemBnC [2024_VBc11 ` mllllon dollars ($t O,000,000.00) or within forty-five (45) Days if it is estimated to cost more than tan mllllon dollars ($t0,000,000.00). (a) If the development of the Punch List takes 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 th¢ Punch List of items shell ba delivered 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 ail retainaga previously withheld by Owner lass an amount equal to 150 percent (150%) of the estimated cost to complete the Items on the Punch List. At the same time the Owner delivers [he Punch List Contractor shall submit a paym¢nt application r¢q wasting that Owner pay the Contractor the remaining contract balance owed including all retainaga previously bald by Owner lass an amount aq ual to 'I50 percent (950 %) of the estimated cost to complete the items on the Punch List. <f) The 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 th¢ construction services purchased pursuant to the Contract Documents. (g) Owner shall have the right to exclude Contractor trom the Work and ProJact site (or designated portion thereof) after the data of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on th¢ Punch List. The ProJact Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.3 C I t" f P h L' t W k d R I f Ramaininc Contract Balance (a) Vpon completion of the Punch List Work, the Contractor shall certify in writing to the Project Manager that all Punch List Work has bean completed in accordance with the Contract Documents and request the Protect Manager to Inspect the Work and to approve Punch List completion. If, In the Project Manager's opinion, the Work is not ready for such inspection, the Project Manager will so inform the Contractor, giving reasons for such opinion. If the Project Manager is satisfied that an inspection is warranted, the Project Manager will, within a reasonable time, schetlule and conduct Inspectlon(s) of the facility with raprasantatives of the Owner's user department, the Professional (if any), and the Contractor, for the purpose of formally reviewing the completion of Punch List Work. If the ProJact Manager and the Contractor disagree on whether an iY¢m remains incomplete, the Project Manager has the final say on whether the item is complete or not. (b) If, upon complatlon of the Inspections) the Owner does not consider the Punch List Work complete, the Project Manager will notify the Contractor in writing giving specific reasons why the Punch List Work is not com plate. (c) Upon complatlon of all Items on the Punch List, the Contractor may submit a Payment Raquast for the remaining amount withheld by the Owner. If a good - faith dispute exists as to whether one or more Items identified on the list have bean completed pursuant to the Contract Documents, the Owner may continua 45 i]„ Construction Servlcea Agreement [2024_var.t] C to withhold an amount not to exceed one hundred and fifty percent (t 50%) of the total costs to complete such items. This remaining balance of retainage 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 era identified after the preparation and delivery of the Punch List shall remain the obligation of the Contractor. (e) Warranty Items may not affect the Final Payment of retainage pursuant to Section 218.735(7)(f), Florida Statutes. (f) If the Owner fails to comply with its rasponsibilitles to assist In developing the Punch List within the time frame applicable to the Protect (as described above), the Contractor may submit a request for all remaining retainage withheld by the Owner. Tha Owner need not pay or process any payment request for retainage iF Contractor has, in whole or part, failed to cooperate with the Owner in development of the Punch List or failed to perform Its contractual responsibilities with regard to development of the Punch List. Additionally, the Owner does not have to pay or release any amounts that era the subject of a good -faith dispute, 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 Comolatlon (a) Upon written notice from the Contractor that the Project is complete, the Project Manager shall schedule a final inspection with the Contractor, the Design Professional, and any other parsannel requested by the Project Manager. The Project Manager shall notify the Contractor in writing of any Work this inspection reveals to be defective, or otherwise not in accordance with the Contract Documents. Tha Contractor shall im madiataly take such action as may ba necessary to remedy such defects and bring the Projacl Into full compliance with the Contract Documents and than request another inspection. (b) Final Completion of the Work shall be achieved by the Contractor when all the Work required under the Contract Documents has been satisfactorily completed, including all Punch Llst work, and specifically as noted in the Specifications section. (c) After the Project Manager has determined that all Work has been completed, the Project Manager will Issue a Certificate of Final Completion Exhibit F-2 for the Work. 20.5 A I' tl for Final Pavmant After the Certificate of Final Completion, Exhibit F-2 for the Work has bean issued by the Project Manager, the Contractor may make Application for Final Payment following the procedure for progress payments. As an explicit condition precedent to the accrual of Contractor's right to Final Payment, Contractor shall have Turnishad Owner with a properly executed and notarized copy of kha Ralaase and Affidavit form attached as Exhibit C, as wall 4s conatrucgon Servlcae AgreemanC [2024_ver.'I] C ] 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, including but not limited to; ('I) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to Final Payment. (4) Racaipt of the Final Payment Check Ilst, Exhibit G-'I. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such es receipts, releases and waivers of Ilans, arising out of the Contract Documents, to the extent and in such form as may be desig Hated by Owner. Prior to release of Final Payment and final retainage, the Contractor's Representative and the Project Manager shall Jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G-1 . 20.6 Aooroval of Final Payment (a) If, on [he basis of the Protect Manager's observations and review of Work during Construction, final inspection, and review of the Application for Final Payment (all as required by the Contract Documents), the Project Manager is satlsfl¢d [hat the Work has bean completed and the Contractor has fulfilled all of its obligations under the Contract Documents, the Project Manager will, within tan ('10) 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 to approve for Final Payment, in which case the Contractor will make the necessary corrections and resubmit the Application. Owner reserves the right to Inspect the Work end make an independent determination as to the Work's accaptabllity, even though the Design Professional may have issued its 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 relating to the Project, except those pr¢viously 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 snail ba d¢amed to ba a waiver of Owner's right to enforce any obligations of Contractor h¢reundar or [o the r¢coyery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final Insp¢ction. (c) The Contractor's obligation to pertorm the Work and complete the Project in accordant¢ with the Contract Documents shall ba absolute. Neither approval of any progress or Final Payment, the Issuance of a Certificate of Substantial Completion, any payment by fna Owner ko 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 av conavucuon s®,vices ngraamene: 12oaa_ver.tl ,� (`.' constitute an acceptance of Work not In accordance with the Contract Documents. 2'1. WARRANTY. 2'I .'1 Contractor shall obtain and assign to Owner ell express warranties given to Contractor or any subcontractors by any subcontractor or material man supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall ba new unless otherwise speclflad, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall ba applied, installed, connected, erected, used, cleaned and condltfonad 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 ('I) year after Substan[lal Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also ba responsible for and pay for replacement or repair of adjacent materials or Work which may 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. Thasa warranties era In addition to those implied warranties to which Owner is entitled as a matter of law. 2'1.2 No later than 30 days prior to expiration of the warranty, the ProJact Manager, or another reprasantativa of the Owner, shall conduct an inspection of the warranted work to verify compile nca with the requirements of the Agreement. Tha Contractor's R¢presantativa 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 deficiencies shall ba grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22 TESTS AND INSPECTIONS. 22.'I Owner, Design Professional, their respective rapras¢ntativas, agents and employees, and govern m¢ntal agencies with jurisdiction over the Project shall have access at all limas to the Work, whether th¢ Work is being performed on or off of the Project site, for their observation, inspection and tasting. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for ail required Inspections, fasts or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or r¢gulations of any public authority having jurlstliction over the Project requires any portion of the Work to be specifically Inspected, [salad or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required cartiflcat¢s of inspection, tasting or approval. All Inspections, fasts or approvals shall be partormad in a manner and by organizations acceptable To the ProJact Manager. 22.3 Contractor Is responsible, without raimburs¢ment from Owner, for ra-inspection fees and costs; to the extent such re -inspections era due to the fault or neglect of Contractor. as Conabucl�on Services P.gr¢amant [2024_vactt //- 1 ��> 22.4 If any Work that Is to be inspected, tested or approved is covered without written concurrence from the Project Menagar, such work must, if requested by Projacf Manager, ba uncovered for observation. Such uncovering shall ba at Contractor's expanse unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Protect Manager, such Work must, if requested by ProJact Manager, ba uncovered for Project Manager's observation, and be replaced at Contractor's sole expanse. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspactlon expanses incurred by Owner In connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday, or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.'I Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall, as directed, either correct all defective Work, whether or nok fabricated, installed or completed, or if the defective Work has been reJacted by Protect Manager, remove If from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect, and consequential costs of such correction or removal (Including, but not Il mitad to fees and charges of engineers, architects, attorneys, and other professionals) made necessary thereby. and shall hold Owner harmless for same. 23.2 If Tha Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tasted by others and such Work is not otherwise required to ba inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or othanwisa make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, malarial and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect, and consequential coats of such uncovering, exposure, observation, inspactlon 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 tc be defective, Contractor shall be allowed an Increase in the Contract Amount and/or an extension to the Contract Tima, directly attributable to such uncovering, exposure, observatien, Inspection, tasting and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor falls to supply sufficient skilled workers, suitable materials or equipment or fails to finish or partorm the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop kha Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall ba construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other parson. 23.4 Should the Owner detarm ine, at Its sole opinion, i[ is in the Owner's bast Interest to accept defective Work, the Owner may do so. Contractor shall bear all direct. indirect, and consequential 4B Construction Sevicac Agraem¢nL [2024_ver.'q / 1\` l [ �' / costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to Final Payment, a Changes Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents, and reflecting an appropriate decrease In the Contract Amount. If the Owner accepts such defective Work after Final Payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for Its acceptance of the defective Work. 23.5 If Contractor falls, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by ProJact Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the avant of an emergency. To the extant necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project alto, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Protect site or for which Owner has pall Contractor but which era stored elsewhere. Contractor shall allow Owner, Design Professional and their respective rapresantativas, agents, antl employees such access to the Protect site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. Ail direct, indirect, and consequential costs of Owner in exercising such rights and remedies shall ba charged against Contractor, and a Change Order shall ba issued, Incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, Indirect, and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay In performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may ba necessary to pertorm the Work in accordance with the Contract Documents. Contractor shall be responsible to sae that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during Its progress a competent resident superintendent, who shall ba subject [o Owner's approval and not ba replaced without prior written notice to Project Manager except under extraordinary circumstances. Tha superintendent shall ba employed 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 ba as binding es if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its ProJact superintendent, with or without cause. Attached to the Agreement as Exhibit A-3 is a list identifying Contractor's Project Suparintandent and all of Contractor's key personnel who era assigned to the Project; such identified personnel shall not ba removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever Contractor's work crews, or work craws of other parties authorized by the Project Manager era engaged in any activity whatsoever associated with the ProJact. Should the Contractor fall to comply with the above condition, the Protect Manager shall, at his discretion, deduct from the Contractor's 60 Conatmcllon services AgraamenC [21R4_vec'I] (S{.> monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated dama9as 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 been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work. or other work or materials of Owner or Owner's separate contractors, Contractor shall ba charged with the same, and any moneys necessary to replace such loss or damage shall ba deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adJacan[ property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by [he 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 Protect Manager and Design Professional. The Owner or Design Professional shall ra-establish the benchmarks and Contractor shall ba liable for all costs incurred by Owner associated [herewith. 26. EMERGENCIES. 26.t In the avant of an emergency affecting the safety or protection of parsons or the Work or property at the Project site or adjacent thereto, Contractor, wlthouY special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, Injury, or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Protect Managor determines that a change In the Contract Documents {s required because of the action taken in response to an emergency, a Change Order shall ba issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall ba 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. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas idenilfied in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the ProJact sike with construction aqulpmani or other material or aqulpmsnt. 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 perrormance of [he Work. st Conatmcgon 3ervlces Agra¢manC [2024_ver.'n ��'�� 28. SAFETY. 28.1 Contractor shell ba responsible for initiating, maintaining, and supervising all safety prate uflons and programs in connection with the Work. Contractor shall take all necessary pracaut(ons for the safety of, and shall provide the necessary protection to prevent damage, Injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may ba affected thereby; 28.1 .2 All the Work and materials and equipment to ba incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, Including trees, shrubs, wa1Ks, pavements, roadways, structures, utilities and any undargrou nd stru cturas or improvements not designated for removal, relocation, or replacement In the Conkract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules, and regulations of any public body having ju risdictlon for the safety of persons or pro Party or to protect them from tla mega, 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 undarg round structures and improvements and utll lty owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, or raplacamant of [hair property. Contractor's duties and responslbilltlas for the safety and protection of the Work shall continua until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studios where relevant as determined by the engineer. All electrical Installations shall ba labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full-time basis at the Project site whose duty shall be the prevention of accidents. This parson shall be Contractor's suparintandant unless othanvise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohi bitad on any Owner property. All employees of Contractor, as well as those of all subcontractors end those of any other person 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 on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a ProJact site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 62 Conetruclbn Sarvlcac Agreement [2024_v c11_ C c.�J 28.5.1 All Owner facili8es era smoke free. Smoking Is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of [ha Employees' clothing at ail limas. All Employees working at the Protect alto must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit Its operations to th¢ designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's tel¢phonas or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsita, as said regulations may be changed from time to time; 28.5.E All Employees shall enter and 1¢ave Owner's facilities only through the ingr¢ss and ¢grass points idantifled in the site utilization plan approved by Owner or as othanvisa desig Hated, from lima tc time, by Owner In writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner Investigation Involving personal Injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute, or sell products while on Owner's property. Frlands, family members or other visitors of the Employees are not parmlttad on Owner's property; and 26.5.9 At all limas, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security raqulremants at Owner's facilities, as said regulations and requirements may be modified or changetl by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commancemant of Work, the Contractor shall attend apre-construction conference with the Project Manager, Design Professional, and others as appropriate to discuss the Progr¢ss Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Projac[ Manager or Design Profasslonal. 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. VEN OOR PERFORMANCE EVALVATION. Owner has Impiemantad a Vendor Performance Evaluation System for all contracts awarded in exc¢ss of $25,000. To this and, vendors will be evaluated on their perormance upon completion/termination of this Agreement. 53 Conslmcllon Sarvlcas Agr¢amenL [2029wan'I] II _ _ ��\l l `: 3'1. MAINTENANCE OF TRAFFIC POLICY For all projects that are contluctetl 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 Devlcas (M UTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. Those projects shall also comply with Colilar County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies era available through Risk Management and/or P rocur¢mant Services Division and is available on-line at colliergov.nat/purchasing. Tha Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FOOT Roadway 8. Traffic Design Standards Indexes, or other related tlocu ments, so to become Familiar with their requirements. Strict atlharence to the requirements of the Maintananca of Traffic ("MOT') policy will ba enforced under this Contract. All costs associated with the Maintenance of Traffic shall ba included on the line item on the bid page. If MOT Is required, MOT Is to be provided within ten (f O) days of receipt of Notice to Proceed. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.2 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the pertormance of the Work. No markup shall be appliatl to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with antl fully Implement Yha sales tax savings program with respect to the Work, as sat forth in section 32.2 below. 32.2 Notwithstanding anything herein to the contrary, b¢cause Owner is exempt from sales tax and may wish to generate sales tax savings for the Protect, Owner resarv¢s the right to make tlirect purchases of various construction materials and equipment included in the Work ("Direct Purchase'"). Contractor shall prepare purchase ortlars to vendors selected by Contractor, for execution by Owner, on forma 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 bask efforts to cooperate with Owner In implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will ba made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Dlract Purchase, or group oT 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. Notwlthstandin9 anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent es all other warranties provid¢d by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the man ufacturar or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties end Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents antl warrants that it is aware of its statutory responsibilities for sales tax untlar Chap[ar 2f 2, Florida Statutes, and for Its r¢sponsiblliCias for Federal excise taxes. 64 Conarmctlon Services AgreemanC [2024_var� C .'� 33. SUBCONTRACTS. 33.t Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown end composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting Its first Application for Payment. Contractor shall take Into consideration such factors as natural and practical lines of severability, sequencing aff¢ctiveneas, access and availability constraints, total time for completion, construction market conditions, avallabe lty of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is pertorming, furnishing, supplying, or providing any portion of the Work pursuant [o a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their valitlity and reasonableness, acting in Owner's beat interest, prior to requesting approval of any Change Order from Owner. All Subcontractors partorming any portion of the Work on this ProJact must ba "qualified" as defined in Collier Cou my Ordinance 20t 3-69, meaning a person or entity that has the capability in all respects to pertorm fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith partormance. 33.3 In addition to those Subcontractors idantif"ied in Contractor's bid that ware approvatl by Owner, Contractor also shall identify any other Subcontractors, including their add ressas, licensing information and phone numbers, it Intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot b¢ modified, changed, or emended without prior written approval from Owner. Any and all Subcontractor work to be self -performed 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 Ilst, so that it remains currant and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter Into a subcontract or purchase order with any Subcontractor, If Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and Its Subcontractors shall ba in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (t) require each Subcontractor to be bound to Contractor to the same extant Contractor Is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to ba partorm¢d by the Subcontractor, (2) provide for the assignment of the subeentract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will ba an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to 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 Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will ba bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 55 ConatmcUon Services ABr¢amanC [2029_ver.1] i ----� j l \� _� 33.5 Each Subcontractor partorming work at the Project Site must agree to provide field (on -site) supervision through a named suparintendant for each trade (¢.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 Hama a qualified employee for scheduling direction for its portion of the Work. Tha supervisory amploy¢as of the Subcontractor (Including fi¢Id superintend ant, foreman and schedulers at all levels) must have bean am ployed in a supervisory (leadership) capacity of substantially equivalent level on a sl miler project for at least two years within the last flue years. Tha Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner In writing, ail subcontracts and purchase orders shall provide: 33.6.'I 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 Design Professional and Including claims based on breach of contract or negligence, shalt be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum era limited exclusively to Its actual costs for such changes plus no more than 'I O % for overhead and profit. 33.6.3 Tha subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute Its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim far 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- su6contracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must ba submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.'I Contractor shall maintain at the Project site, originals or copies of, on a currant basis, all Project flies and records, Including, but not limited to, the following administrative records: 34.'I .'I Subcontracts and Purchase Orders 34.'1.2 Subcontractor Licenses 34.'I .3 Shop Drawing Submittal/Approval Logs 34.'I .4 Equipment Purchase/Delivery Logs 34.'I .5 Contract Drawings and Specifications with Addenda 34.f.6 Warranties and Guarantees 34.'1.7 Cost Accounting Records 34.'I .8 Labor Costs 34.t.9 Material Costs 34.'i.to Equipment Costs 34.1.'11 Cost Proposal Request 66 COnetructlOn SBNlcas HgraBTOnF. [2024_va �1,� (\/ _ � 34.1.12 Payment Request Records 34.1 .13 Meeting Minutes 34.7.14 Cost -Estimates 34.7.75 Bulletin Quotations 34.1 .76 Lab Tast Reports 34.1.17 Insurance Certificates and Bonds 34.1 .18 Contract Changes 34.1 .19 Permits 34.1.20 Material Purchase Daliv¢ry Logs 34.1 .27 Tach nical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1 .24 Operating $ Malntanance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.7.27 Correspondence Files 34.1 .28 Transmittal Records 34.1 .29 Inspection Reports 34.1 .30 Punch Lists 34.1 .31 PMIS Schedule and Updates 34.1 .32 Suspense (Tickler) Files of Outstanding Requirements Tha Project files and records shall ba available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may ba required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) Hmas par contract farm. Presentations shall ba made in a properly advertised Public Meeting on a schedule to be deform Ynad by the County Manager or his designee. Prior to the scheduled presentation data, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not ba limited to, the following Information: Original contract amount, project schedule, project complaticn date and any changes to the aforementioned since Notice to Proceed was issued. 33. SECVRITY Tha Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Coliiar County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not ba limited to, chocking federal, state and local law enforcement records, including a state and FBI fingerprint chock, credit reports, education, residence and employment verifications and other related retards. Contractor shall ba required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while pertorming services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can ba renewed each 67 Conalrucrlon Sarvlcac A9raemanl [2029_ve (c'I ]_ _ 1 < ���� year at no cost to the Contractor during the lima period In which their background check is valid, as discussed below. All technicians shall have on their shirts the Hama of the contractor's business. Tha Contractor shall im medlataly notify [he Collier County Facilities Management Division via a -mail (DL-FMOPSCa7colllarcou ntvfl.ocv) whenever an employee assigned to Colllar County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 par Incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there era additional fees for this process, the Contractor Is responsible for all costs. 36. VENUE. - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole end 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 a Value Engineering (VE) study conducted during protect development. A "project" shall ba defined as the collectiva contracts, which may include but not be Il mated to: design, construction, and construction, engineering and Inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or morn may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.'I The contractor shall ensure compliance with all NFPA regulations: specifically f f O & 30/30A; FDEP chapter 62 regulations: specifically 76'I, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME., NACE, NLPA, NIST &API referenced standards pertaining to the sforaga of hazardous materials and petroleum products. 38.2 Tha contractor shall notify the Solid R. Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing /will be storing petroleum products or hazardous materials. The contractor shell provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials /petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. Tha Contractor shall employ peopl¢ to work on Owner's projects who era neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. Tha Owner may require the Contractor to remove an employes It deems careless, incom patent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not In the bast Interest of the County. 68 COn64Ucllon SBNicas A9raam0nC Izoza_vef.tl Cc- �) 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 be addressed and resolved in accordance with Collier County Ordinance No. 20'17-08, as amended, and governed by the time to commence and conclude payment dispute proceedings set forth in Section 2'18.76(2)(a). Fla. Stet. B. Prior to the initiation of any action or proceadin9 Permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall ba attended by represantativas of Contractor with full decision -making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to [he com mancement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to r¢solva the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the States of Florida. Tha madlatlon shall be attended by raprasentatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at madlatlon to Owner's Board for approval. Should either party fail [o subm7t to madlatlon as required hareundeq the other party may obtain a court order requiring mediation under Section 44.'102, Fla. Stet. Any suit or action brought by ¢ithar party to this Agreement against the other party relating to or arising out of this Agreement must ba brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. se CCnaVUCUOn SarvICaB AgreemanC [2024—y -9]. /'� EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS 0 Attached hereto, following this page ® Not Applicable sa Cona[rucllon Sarvbea AgreamanC [2024_v ..f] -_