The URL can be used to link to this page

BCC Agenda 07/23/2024 Item #16C 3 (Award ITB Contract #23-8194R for the South County Regional Water Treatment Plant (SCRWTP) w/Douglas N. Higgins, Inc.)07/23/2024 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, as the ex-officio Governing Board of the Collier County Water-Sewer District award Invitation to Bid (“ITB”) No. 23-8194R, “South County Regional Water Treatment Plant (SCRWTP) Filter Media Replacement and Blend Tank Passive Relief,” to Douglas N. Higgins, Inc., in the amount of $2,075,430, approve an Owner’s Allowance of $100,000, and authorize the Chairman to sign the attached Agreement. (Project Number 70136) OBJECTIVE: To obtain approval to replace the lime softening filter media and appurtenances along with installing new tee connections and protective enclosure for the blend tank passive overflow relief associated with the Lime Softening treatment process at the South County Regional Water Treatment Plant (“SCRWTP”) to maintain system reliability and sustainability. CONSIDERATIONS: The SCRWTP consists of two treatment processes, lime softening and reverse osmosis. The initial phase designed to produce 12 million gallons per day of potable water utilizing a lime softening treatment process was completed in 1986. The reverse osmosis process designed to produce 20 million gallons per day of potable water was completed in 2006. The existing lime softening filters have been in service for over 30 years and are in need of replacement. The scope of this project includes demolishing and disposing of the existing filter wash troughs and wash trough supports; demolishing and disposing of existing sub-surface agitators, surface sweep rotational indicators, and associated wash water piping; demolishing and disposing of existing underdrain system; demolishing and disposing of all existing filter media; providing new filter wash troughs and mounting system; providing new surface wash spray assemblies, including new rotational indicators and associated surface wash piping; providing new filter underdrain system; providing new filter media, and providing new tee connections and protective enclosure for the blend tank passive overflow relief. This item is consistent with the Infrastructure and Asset Management element of the Collier County Strategic Plan objectives. On March 7, 2024, the Procurement Services Division posted ITB No. 23-8194R for the SCRWTP Filter Media Replacement and Blend Tank Passive Relief project. The ITB was extended twice. The County received four bids by the April 25, 2024, extended deadline as summarized below: Company Name City County State Amount Responsive/ Responsible Douglas N. Higgins, Inc. Naples Collier FL $2,075,430 Yes/Yes RF Environmental Services, Inc. Ft. Lauderdale Broward FL $2,138,000 Yes/Yes TLC Diversified, Inc. Palmetto Manatee FL $2,595,700 Yes/Yes Razorback LLC Tarpon Springs Pinellas FL $2,844,441 Yes/Yes Staff reviewed the four bids and found all four bidders responsive and responsible, with Douglas N. Higgins, Inc (“Higgins”), as the lowest, responsive, and responsible bidder. Staff recommends that the attached Agreement be awarded to Douglas N. Higgins, Inc. in the low bid amount of $2,075,430. In addition to that amount, County staff allocated $100,000 as Owner’s Allowance for unforeseen site conditions that might be encountered during construction and asks that amount be approved as part of the Purchase Order issued to commence the work. Use of the allowance will be only as directed by the County, if necessary, with proper supporting documentation to be submitted by the contractor for any additional allowance work that is authorized and performed. The County’s engineering consultant, Carollo Engineers, Inc., evaluated the bids and determined that Higgins met all the qualifications required for this project and submitted the lowest, responsive, and responsible base bid. 16.C.3 Packet Pg. 535 07/23/2024 Higgins’ bid is approximately 11% above Carollo’s $1,870,000 opinion of probable cost for the work; possibly due to current market prices for water treatment filter components, as well as the fact that this project involves a unique scope of work that resulted in a higher bid. Higgins is a Michigan corporation with an office in Naples and has performed a substantial amount of work for the County for decades on various Public Utilities projects. Staff recommends that Douglas N. Higgins, Inc., be awarded the attached Agreement as the lowest responsive and responsible bidder in the amount of $2,075,430 and approve the Owner’s Allowance in the amount of $100,000. FISCAL IMPACT: The source of funding is the Water User Fees Capital Fund (4012). Funding is available in project 70136. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for Board approval. -JAK RECOMMENDATION: To award Invitation to Bid No. 23-8194R, “South County Regional Water Treatment Plant (SCRWTP) Filter Media Replacement and Blend Tank Passive Relief,” to Douglas N. Higgins, Inc., in the amount of $2,075,430, approve an Owner’s Allowance of $100,000, and authorize the Chairman to sign the attached Agreement. Prepared by: Benjamin N. Bullert, P.E., Supervisor - Project Management, Public Utilities Engineering and Project Management Division ATTACHMENT(S) 1. 23-8194R Bid Tabulation (PDF) 2. 23-8194R DELORA (PDF) 3. 23-8194R NORA (PDF) 4. 23-8194R Insurance_Douglas (PDF) 5. [Linked] 23-8194R Vendor Signed_ Douglas_7.10.2024 (PDF) 16.C.3 Packet Pg. 536 07/23/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3 Doc ID: 29272 Item Summary: Recommendation that the Board of County Commissioners, as the ex-officio Governing Board of the Collier County Water-Sewer District award Invitation to Bid (“ITB”) No. 23-8194R, “South County Regional Water Treatment Plant (SCRWTP) Filter Media Replacement and Blend Tank Passive Relief,” to Douglas N. Higgins, Inc., in the amount of $2,075,430, approve an Owner’s Allowance of $100,000, and authorize the Chairman to sign the attached Agreement. (Project Number 70136) Meeting Date: 07/23/2024 Prepared by: Title: – Engineering and Project Management Name: Benjamin Bullert 06/20/2024 10:18 AM Submitted by: Title: Director – Engineering and Project Management Name: Matthew McLean 06/20/2024 10:18 AM Approved By: Review: Water Howard Brogdon PUD Reviewer Completed 06/20/2024 2:28 PM Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 06/21/2024 8:27 AM Engineering and Project Management Matthew McLean PUD Reviewer Completed 06/24/2024 1:37 PM Public Utilities Operations Support Katrina Lin PUD Reviewer Completed 06/24/2024 3:58 PM Public Utilities Department Vincent Dominach Level 1 Department Review Completed 06/25/2024 8:47 AM Public Utilities Operations Support Joseph Bellone PUD Reviewer Completed 06/25/2024 12:26 PM Unknown Sarah Hamilton Other Reviewer Completed 06/25/2024 5:37 PM Procurement Services Sarah Hamilton Procurement Director Review Completed 07/02/2024 9:23 AM Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed 07/02/2024 5:01 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/03/2024 8:33 AM Community & Human Services Maggie Lopez OMB Reviewer Completed 07/09/2024 7:41 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 07/11/2024 9:18 AM County Attorney's Office Matthew McLean Level 2 Attorney Review Skipped 07/11/2024 1:03 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/11/2024 4:42 PM County Manager's Office Ed Finn Level 4 County Manager Review Completed 07/15/2024 2:12 PM Board of County Commissioners Geoffrey Willig Meeting Pending 07/23/2024 9:01 AM 16.C.3 Packet Pg. 537 Project Manager: Benjamin BullertProcurement Strategist: Trevor AdalineNotifications Sent: 11,583 Viewed: 66Bids Received: 4Item No.DESCRIPTION UNIT QTY UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT1Mobilization***LS 1 97,430.00$ 97,430.00$ 100,000.00$ 100,000.00$ 120,000.00$ 120,000.00$ 135,000.00$ 135,000.00$ 56,100.00$ 56,100.00$ 2Demobilization***LS 1 5,000.00$ 5,000.00$ 2,000.00$ 2,000.00$ 4,500.00$ 4,500.00$ 5,000.00$ 5,000.00$ 37,400.00$ 37,400.00$ 3Demolition of Existing Filters Internal Mechanical ComponentsEA 6 9,000.00$ 54,000.00$ 10,000.00$ 60,000.00$ 4,700.00$ 28,200.00$ 16,360.00$ 98,160.00$ 8,400.00$ 50,400.00$ 4Demolition of Existing Filter Underdrain SystemEA 6 26,000.00$ 156,000.00$ 35,000.00$ 210,000.00$ 32,000.00$ 192,000.00$ 17,800.00$ 106,800.00$ 11,000.00$ 66,000.00$ 5Removal and Disposal of Existing Filter MediaEA 6 28,000.00$ 168,000.00$ 30,000.00$ 180,000.00$ 42,000.00$ 252,000.00$ 42,300.00$ 253,800.00$ 11,700.00$ 70,200.00$ 6 Furnish and Install New FRP Wash TroughsEA 6 48,000.00$ 288,000.00$ 26,000.00$ 156,000.00$ 68,000.00$ 408,000.00$ 59,800.00$ 358,800.00$ 66,700.00$ 400,200.00$ 7Furnish and Install New Surface Wash systemEA 6 43,000.00$ 258,000.00$ 16,000.00$ 96,000.00$ 43,000.00$ 258,000.00$ 54,320.00$ 325,920.00$ 23,800.00$ 142,800.00$ 8Furnish and Install New Filter Underdrain SystemEA 6 84,000.00$ 504,000.00$ 133,000.00$ 798,000.00$ 115,100.00$ 690,600.00$ 121,010.00$ 726,060.00$ 100,200.00$ 601,200.00$ 9 Installation of New Filter Media** EA 1 18,000.00$ 18,000.00$ 24,000.00$ 24,000.00$ 14,600.00$ 14,600.00$ 32,760.00$ 32,760.00$ 6,400.00$ 6,400.00$ 10 Furnish and Install New Filter MediaEA 5 41,000.00$ 205,000.00$ 53,000.00$ 265,000.00$ 49,500.00$ 247,500.00$ 77,982.00$ 389,910.00$ 38,600.00$ 193,000.00$ 11 Blend Tank Passive ReliefLS 1 232,000.00$ 232,000.00$ 220,000.00$ 220,000.00$ 293,300.00$ 293,300.00$ 364,231.00$ 364,231.00$ 188,700.00$ 188,700.00$ 12 DisinfectionEA 6 5,000.00$ 30,000.00$ 2,000.00$ 12,000.00$ 6,500.00$ 39,000.00$ 2,000.00$ 12,000.00$ 3,100.00$ 18,600.00$ 13CommissioningEA 6 7,000.00$ 42,000.00$ 2,000.00$ 12,000.00$ 6,400.00$ 38,400.00$ 4,000.00$ 24,000.00$ 5,000.00$ 30,000.00$ 14Record DrawingsEA 6 3,000.00$ 18,000.00$ 500.00$ 3,000.00$ 1,600.00$ 9,600.00$ 2,000.00$ 12,000.00$ 1,500.00$ 9,000.00$ Opened By: Trevor AdalineWitnessed By: Justin LandgrebeDate: 4/25/2024 at 3:00 PM EST*** Mobilization plus Demobilization shall not exceed 5 percent of the Total Bid Amount.**New Filter Media provided by County TOTAL BID AMOUNT23-8194R South County Regional Water Treatment Plant Filter Media Replacement & Blend Tank Passive ReliefStaff has allocated $100,000 in Owner's Allowance - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. Engineer's Estimate1,870,000.00$ Bid TabulationProject Number: 70136.1.6, 70136.1.8Razorback LLC2,075,430.00$ 2,138,000.00$ 2,595,700.00$ 2,844,441.00$ Douglas N. Higgins Inc.RF Environmental Services, Inc.TLC Diversified, Inc. 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) E-Verify SunBizW-9Addenda (1-6)YesYesYesYesYesYesREQUIRED 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) Statement of Experience of Bidder (Form 5) Trench Safety Act Acknowledgement (Form 6)Douglas N. Higgins, Inc.RF Environmental Services, Inc.TLC Diversified, Inc. Razorback LLCYes/No Yes/No Yes/No Yes/NoYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesYesPage 1 of 116.C.3.a Packet Pg. 538 Attachment: 23-8194R Bid Tabulation (29272 : SCRWTP Filter Media Replacement Project) 301 North Cattlemen Road, Suite 302 Sarasota, Florida 34232 P 941-371-9832 carollo.com 202207 / OpinionofBidAcceptability_FilterMediaRepl_DELORA.docx May 23, 2024 Benjamin Bullert, P.E. Collier County Government, Public Utilities Engineering & Project Management 3339 Tamiami Trail East, Suite 303 Naples, FL 34112 Subject: South County Regional Water Treatment Plant (SCRWTP) Filter Media Replacement and Blend Tank Passive Relief Dear Mr. Bullert: The purpose of this letter is to provide Collier County (County) with an opinion of bid acceptability for the above referenced project. The bids for the project were received electronically on April 25, 2024 by the County. A total of four bids were received, with bid amounts ranging from $2,075,430 to $2,844,441. The apparent low bidder was Douglas N. Higgins, Inc. with a bid amount of $2,075,430. The scope of the project includes demolition and disposal of the existing filter media, underdrains, lauder troughs, and other related items to be furnished and re-installed by the contractor. The work also includes the installation of piping for a blend tank passive relieve between the filters and the blend tank. Following new filter media and equipment installation, startup, testing, and commissioning will be performed. The Engineer’s Opinion of Probable Construction (OPCC) cost for this project was $1,870,000. When comparing the low bidder's total bid amount to the Engineer’s OPCC, the low bid was approximately 11% above the Engineer’s OPCC. According to recommended practice for estimate classification published by the Association for the Advancement of Cost Engineering (AACEI), the expected accuracy range for this Engineer’s OPCC is within +15% or -5%. This means that bids can be expected to fall within a range of 15% over the Engineer’s OPCC to 5% under that estimate. The apparent low bid received fell within this accuracy range. References were provided and reviewed per the experience qualifications included in the solicitation. The reference information was interpreted to meet the specified requirement. The County requested Carollo Engineers, Inc. (Carollo) to evaluate the low bid and provide an opinion of bid acceptability. As noted above and based on all other bidding requirements having been met, Carollo recommends awarding the construction contract to construct the SCRWTP Filter Media Replacement and Blend Tank Passive Relief project to Douglas N. Higgins, Inc. in the amount of $2,075,430. Sincerely, CAROLLO ENGINEERS, INC. Chris T. Reinbold, P.E. cc: Bob Cushing, Carollo 16.C.3.b Packet Pg. 539 Attachment: 23-8194R DELORA (29272 : SCRWTP Filter Media Replacement Project) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 28-8194R Reference Check by: Blake Harvey Solicitation Title: SCRWTP Filter Media Replacement and Blend Tank Passive Relief Date: 5/17/2024 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-220-9587 Design Entity: Carollo Engineers, Inc. REFERENCED PROJECT: Project Name: NCWRF Effluent Filter Set 1 Rehab. Project Location: 10500 Goodlette Rd., Naples, FL 34109 Project Description: Removal and installation of four automatic backwash filter systems, including underdrains, media, and mechanical equipment Completion Date: 2014 Contract Value: $1,460,000 Project Owner/Title: Collier County Public Utilities Owner’s Address: 3339 Tamiami Tr. E., Ste. 303 Naples, FL 34112 Phone: 239-252-5372 Owner’s Contact Person: Wayne Karlovich, P.E. E-Mail: Wayne.karlovich@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 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, changes due to unforeseen conditions and owner directed changed. Contractor handled the changes satisfactorily. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No issues 16.C.3.b Packet Pg. 540 Attachment: 23-8194R DELORA (29272 : SCRWTP Filter Media Replacement Project) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 7. Additional comments: Contractor does an excellent job coordinating with the County and County operations and provided a good quality finished product 16.C.3.b Packet Pg. 541 Attachment: 23-8194R DELORA (29272 : SCRWTP Filter Media Replacement Project) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 28-8194R Reference Check by: Blake Harvey Solicitation Title: SCRWTP Filter Media Replacement and Blend Tank Passive Relief Date: 5/20/2024 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-220-9587 Design Entity: Carollo Engineers, Inc. REFERENCED PROJECT: Project Name: WWTP Filter Rehabilitation Project Location: Riverside Circle, Naples, FL 34102 Project Description: Rehabilitation of two automatic backwash filters, removal and replace of all existing media and plates, replace of the filter bridge rails & UHMW backwash shoe Completion Date: 2014 Contract Value: $500,000 Project Owner/Title: City of Naples – Public Utilities Owner’s Address: 380 Riverside Cir., Naples, FL 34102 Phone: 239-213-4753 Owner’s Contact Person: Barry Stein E-Mail: bstein@naplesgov.com 1. Was project completed timely and within budget? (If not, provide detail) Yes. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes. 4. Did the process run smoothly? Were there any changes? Describe below. Yes. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No. 7. Additional comments: 16.C.3.b Packet Pg. 542 Attachment: 23-8194R DELORA (29272 : SCRWTP Filter Media Replacement Project) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 Filters were last taken out of service and inspected 2023. They were all determined to be in good working order. They passed the bucket test, all cell underdrains were inspected and there were no signs of media loss, the caulking was in good condition, and the backwash shoe and wear plates were in good working condition. 16.C.3.b Packet Pg. 543 Attachment: 23-8194R DELORA (29272 : SCRWTP Filter Media Replacement Project) Tab 2 ‐ Appendix H2 – Template ‐ DELORA Vendor Reference Check Log ‐ rev 02‐14‐20 VENDOR REFERENCE CHECK LOG Solicitation No.: 28‐8194R Reference Check by: Blake Harvey Solicitation Title: SCRWTP Filter Media Replacement and Blend Tank Passive Relief Date: 5/17/2024 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239‐220‐9587 Design Entity: Carollo Engineers, Inc. REFERENCED PROJECT: Project Name: SCWRF Grit System/EQ Pump Modification Project Location: 3835 City Gate Dr., Naples, FL 34117 Project Description: Remove 3 grit classifier system & pumps; Install new classifiers, pumps, feed and drain piping. Rehab. 3 existing Grit King dynamic separators. Remove, remanufacture, and reinstall three 16” EQ mixing pumps. Completion Date: 2015 Contract Value: $1,520,000 Project Owner/Title: Collier County Public Utilities Owner’s Address: 3339 Tamiami Train E., Ste. 303, Naples, Fl 34112 Phone: 239‐252‐2239 Owner’s Contact Person: Chris Farris E‐Mail: Christopher.farris@colliercountyfl.gov 1. Was the project completed timely and within budget? (If not, provide detail) No staff remaining that can speak to the project specific details. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) No staff remaining that can speak to the project specific details. 3. Was the construction process performed satisfactorily? (If not, provide detail) No staff remaining that can speak to the project specific details. 4. Did the process run smoothly? Were there any changes? Describe below. Yes – they did a great job. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) No staff remaining that can speak to the project specific details. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No. 16.C.3.b Packet Pg. 544 Attachment: 23-8194R DELORA (29272 : SCRWTP Filter Media Replacement Project) Tab 2 ‐ Appendix H2 – Template ‐ DELORA Vendor Reference Check Log ‐ rev 02‐14‐20 7. Additional comments: 16.C.3.b Packet Pg. 545 Attachment: 23-8194R DELORA (29272 : SCRWTP Filter Media Replacement Project) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 28-8194R Reference Check by: Blake Harvey Solicitation Title: SCRWTP Filter Media Replacement and Blend Tank Passive Relief Date: 5/17/2024 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-220-9587 Design Entity: Carollo Engineers, Inc. REFERENCED PROJECT: Project Name: Immokalee Water Sewer District Clarifier Rehab. Project Location: 140 White Way, Immokalee, FL Project Description: Rehab. Clarifier 1, 2, and 3. Demolition and removal of the existing clarifier mechanisms; structural work included new sloped concrete floors for the clarifier structures, assemble and install new clarifier mechanisms. Completion Date: 2023 Contract Value: $3,080,000 Project Owner/Title: Immokalee Water Sewer District Owner’s Address: 1020 Sanitation Rd., Immokalee, FL 34142 Phone: 239-658-3630 Owner’s Contact Person: Sarah Catala E-Mail: sarahcatala@immokaleewatersewer.com 1. Was project completed timely and within budget? (If not, provide detail) Yes – items within the original scope of work were completed on time and within budget. Had several owner directed change orders that were completed as well without any issues. 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. Project ran smoothly – no issues whatsoever. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes – everything on the punchlist was handled in a timely manner. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No. 16.C.3.b Packet Pg. 546 Attachment: 23-8194R DELORA (29272 : SCRWTP Filter Media Replacement Project) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 7. Additional comments: D.N. Higgins safety manager was out at the site regularly during the construction period which was impressive. They had a situation where one of D.N. Higgins had an employee that was having issues and they addressed it very effectively and didn’t have it affect the project or construction process. Overall, the project went extremely smoothly. The project was a government funded USDA project that had extremely stringent processes and procedures that needed to be adhered to. D.N. Higgins followed requirements extremely well and made the process go smoothly. 16.C.3.b Packet Pg. 547 Attachment: 23-8194R DELORA (29272 : SCRWTP Filter Media Replacement Project) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 28-8194R Reference Check by: Blake Harvey Solicitation Title: SCRWTP Filter Media Replacement and Blend Tank Passive Relief Date: 5/17/2024 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-220-9587 Design Entity: Carollo Engineers, Inc. REFERENCED PROJECT: Project Name: SCWRF Pump Station 5 & Piping Improvements Project Location: 3835 City Gate Dr., Naples, FL 34117 Project Description: Subsurface investigation, new manhole, gravity sewers, and clarifier influent pipes. Demolition and modification of existing piping and other utilities, bypass pumping, electrical work, instrumentation, and SCADA system work. Completion Date: 2022 Contract Value: $1,500,000 Project Owner/Title: Collier County Public Utilities Owner’s Address: 3339 Tamiami Tr. E., Ste. 303 Naples, FL 34112 Phone: 239-252-5372 Owner’s Contact Person: Wayne Karlovich, P.E. E-Mail: Wayne.karlovich@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes – Higgins does a great job with admin paperwork 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Significant changes due to unforeseen conditions – Contractor handled changes well and were extremely helpful and reasonable with pricing and coordination. They went the extra mile to help come to a good resolution. 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 16.C.3.b Packet Pg. 548 Attachment: 23-8194R DELORA (29272 : SCRWTP Filter Media Replacement Project) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 7. Additional comments: D.N. Higgins did an excellent job on this challenging project. 16.C.3.b Packet Pg. 549 Attachment: 23-8194R DELORA (29272 : SCRWTP Filter Media Replacement Project) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 28-8194R Reference Check by: Blake Harvey Solicitation Title: SCRWTP Filter Media Replacement and Blend Tank Passive Relief Date: 5/17/2024 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-220-9587 Design Entity: Carollo Engineers, Inc. REFERENCED PROJECT: Project Name: 108th and 109th Ave. N. Public Utilities Renewal Project Location: Naples Park Project Description: Remove existing water main, sewer pipe, manholes, stormwater pipe, and drainage structures. Install 13,100 LF of 8” water main, fire hydrants, water services, install 11,600 LF of sewer pipe, sewer laterals, installed 28,000 LF of stormwater pipe, catch basins, swales, driveways, rebuilding road, and sodded. Completion Date: 2023 Contract Value: $10,880,000 Project Owner/Title: Collier County Public Utilities Owner’s Address: 3339 Tamiami Tr. E., Ste. 303 Naples, FL 34112 Phone: 239-252-4218 Owner’s Contact Person: Diana Dueri E-Mail: Diana.Dueri@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes. 4. Did the process run smoothly? Were there any changes? Describe below. It ran smoothly – no changes. 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? Yes – but it was taken care of within the 1-year warranty period. 16.C.3.b Packet Pg. 550 Attachment: 23-8194R DELORA (29272 : SCRWTP Filter Media Replacement Project) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 7. Additional comments: Good company and very responsive 16.C.3.b Packet Pg. 551 Attachment: 23-8194R DELORA (29272 : SCRWTP Filter Media Replacement Project) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 28-8194R Reference Check by: Blake Harvey Solicitation Title: SCRWTP Filter Media Replacement and Blend Tank Passive Relief Date: 5/17/2024 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-220-9587 Design Entity: Carollo Engineers, Inc. REFERENCED PROJECT: Project Name: Contract 20-7800 Annual Contract Project Location: Collier County – NCWRF & SCWRF Project Description: NCWRF Oxidation Ditch No.2 Mechanical Upgrades, SCWRF sand filter clamp replacement, SCWRF filter drain metering manhole removal Completion Date: 2020, 2022, 2024 Contract Value: $262,006.89, $44,307.20, $20,464.62 Project Owner/Title: Collier County Public Utilities Owner’s Address: 3339 Tamiami Tr. E., Ste. 303 Naples, FL 34112 Phone: 239-252-5372 Owner’s Contact Person: Wayne Karlovich, P.E. E-Mail: Wayne.karlovich@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes. 4. Did the process run smoothly? Were there any changes? Describe below. It ran smoothly. No changes on these projects. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. DN Higgins does a great job closing out projects 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues. 16.C.3.b Packet Pg. 552 Attachment: 23-8194R DELORA (29272 : SCRWTP Filter Media Replacement Project) Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 7. Additional comments: DN Higgins was very responsive on these projects and coordinated well with operations staff. 16.C.3.b Packet Pg. 553 Attachment: 23-8194R DELORA (29272 : SCRWTP Filter Media Replacement Project) Notice of Recommended Award Solicitation: 23-8194R Title: South County Regional Water Treatment Plant (SCRWTP) Filter Media Replacement and Blend Tank Passive Relief Due Date and Time: April 25, 2024, at 3:00 PM EST Respondents: Company Name City County State Bid Amount Responsive/Responsible Douglas N. Higgins, Inc. Naples Collier FL $2,075,430.00 Y/Y RF Environmental Services, Inc. Ft. Lauderdale Broward FL $2,138,000.00 Y/Y TLC Diversified, Inc. Palmetto Manatee FL $2,595,700.00 Y/Y Razorback LLC Tarpon Springs Pinellas FL $2,844,441.00 Y/Y Utilized Local Vendor Preference: Yes No N/A Recommended Vendor(s) For Award: On March 7, 2024, the Procurement Services Division issued Construction Invitation to Bid (ITB) No. 23-8194R, South County Regional Water Treatment Plant (SCRWTP) Filter Media Replacement and Blend Tank Passive Relief, to eleven thousand five hundred and eighty-three (11,583) vendors. The bid was advertised for a total of forty-nine (49) days. Sixty-six (66) vendors viewed the bid package and the County received four (4) bids by the April 25, 2024, deadline. Staff reviewed the bids received and all four (4) bidders were deemed responsive and responsible as shown above. Staff determined that Douglas N. Higgins, Inc. is the lowest responsive and responsible bidder. Staff recommends the contract be awarded to Douglas N. Higgins, Inc., the lowest responsive and responsible bidder, for a total bid amount of $2,075,430.00. In addition to the bid amount, staff has allocated $100,000.00 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 Srnka Date DocuSign Envelope ID: C3F76D05-EFE8-411C-896C-F1A6C9C10868 6/5/2024 6/5/2024 6/5/2024 16.C.3.c Packet Pg. 554 Attachment: 23-8194R NORA (29272 : SCRWTP Filter Media Replacement Project) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/18/2024 Hylant -Ann Arbor 201 Depot Street Ann Arbor MI 48104 Anna Olinger 614-932-1225 734-741-1850 Anna.Olinger@Hylant.com Continental Insurance Company 35289 HIGGI-5 Transportation Insurance Co 20494DouglasN.Higgins,Inc. 3390 Travis Pointe,Suite A Ann Arbor MI 48108 Endurance American Specialty Ins Co 41718 239152168 B X 1,000,000 X 500,000 15,000 X Incl contractual 1,000,000 2,000,000 X Y U1061922047 4/1/2024 4/1/2025 2,000,000 B 1,000,000 X X X Y BUA1061922033 4/1/2024 4/1/2025 A X X 8,000,00010619220504/1/2024Y 4/1/2025 8,000,000 X 0 B X N WC7012265571 4/1/2024 4/1/2025 1,000,000 1,000,000 1,000,000 C Professional/ Pollution PNV10015508800 4/1/2024 4/1/2025 2,000,000 4,000,000 Each Claim Aggregate Executive Risk Policy #MPL 4049192-00 Effective Date:04/01/2024 -04/01/2025 Crime Limit:$1,000,000 Job -#23-8194R |South County Regional Water Treatment Plant Filter Media Replacement and Blend Tank Passive Relief Collier County Board of County Commissioners,Board of County Commissioners in Collier County,Collier County Government,and Collier County are included as Additional Insureds on a Primary and Non-Contributory basis for General Liability and Automobile Liability.Umbrella/Excess Liability Follows Form.30-Days written Notice of Cancellation applies. Collier County Board of County Commissioners 3295 Tamiami Trail E Naples FL 34112 16.C.3.d Packet Pg. 555 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 556 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 557 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 558 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 559 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 560 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 561 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 562 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 563 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 564 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 565 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 566 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 567 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 568 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 569 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 570 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 571 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 572 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 573 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 574 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 575 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 576 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 577 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 578 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 579 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 580 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 581 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 582 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 583 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 584 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 585 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 586 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 587 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 588 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 589 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 590 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 591 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 592 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 593 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 594 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 595 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 596 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 597 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 598 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 599 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 600 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 601 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 602 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 603 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 604 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 605 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) 16.C.3.d Packet Pg. 606 Attachment: 23-8194R Insurance_Douglas (29272 : SCRWTP Filter Media Replacement Project) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("County" or "Owner") hereby contracts with Douglas N Higg(ns, Inc. ("Contractor") of 3390 Travis Pointe Rd, Suites A, Ann Arbor, MI 48t08, a Foreign Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with South County Regional Water Treatment Plant (SCRWTP) Filter Media Replacement and Blend Tank Passive Raiief, Invitation to Bid No. 23-8t94R ("Project"), as said Work is set forth in the Plans and Specifications prepared by Carollo Engineers, Ina., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, and amendments relating thereto. All of the foregoing Contract Documents era incorporated by reference and made a pan of [his Agreement (all of said documents Including the Agreement sometimes being referred to harain as the "Contract Docu mants" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Protect site at all times during the partormance of the Work. B. Owner shall furnish to the Contractor one reproducible sat of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as era reasonably necessary for permitting. Section 2. Scone of Work Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, su pplles, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully penorm and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to ba paid, to Contractor the following amount (harain "Contract Amount"), in accordance with the terms of this Agreement: Two MIIIion Seventy -Elva Thousand Four Hundred Thirty Dollars ($2,075,430.00). The amount of One Hundred Thousand Dollars ($700,OOO.OD) has been allocated as an Owner's Allowance. Any allowance dollar amount that has been included in the Contractor's Bid Schedule amount is not a guaranteed portion of the afo remantioned Contract Amount but rather is only eligible for reimbursement by the Owner if and subJect to whether a specific dollar amount of the allowance is expressly authorized by the Owner and formally agreed upon and memorialized by the Parties in writing (the "Owner's Allowance"). Any dollar portion of an Owner's Allowance that Is not authorized by the Owner and memorialized by the Parties in writing, via Change Order, shall not be eligible far reimbursement/payment by the Owner as part of a Payment Application submitted by the Contractor. i Conelmcllon Sarv�cBB ABreemanl: [2024_veL1] CA'� Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-t and B-2, in the amount of 'I 00^h of the Contract Amount, the costs of which are to be paid by Contractor. Tha Pertormance and Payment Bonds shall ba underwritten by a surety authorized to do business In the States of Florida and othervvisa acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury FlScai Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may ba accessed via the web at htt -//fi 1 t / t -b d /li t- ff' d- ht I. Should the Contract Amount be lass than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements Imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall ba subject to the Owner's approval. Section 5. Contract Time and Liauldatad Damages. A. Time of Pertormance. Time is of the essence In the performance of the Work under this Agreement. The "Commencement Data" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five <5) calendar days from the Commencement Date. No Work shall be pertormed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Four Hundred Ninety (490) calendar days from the Commencement Data (herein "Contract Times"). The date of Substantial Complatlon of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) fortha use for which it Is intended, as more particularly defined herein at Sactlon 26, Defined Terms. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date 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 complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such avant, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Flva Hundred Seventy -Two Uollara ($672.00) 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 Complatlon within the required lima period, Owner shall also be entitled to assess, and Contractor shall be liable for all actual damages incurred by Owner as a resuk of Contractor falling to timely achieve Final Completion. The Project shall be deemed to be z COnelrucgon SBNIca9 AgrecmcnL [2g24_VBr.'n CgrJ substantially completed on the tlate the Project Manager (or at his/her direction, the Design Professional) fssuas a Certificate of Substantial Completion pursuant to the [arms h¢reof, and as more particularly defined herein at Section '16, Daflnad Terms. _ Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize The above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual tlamages at The time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. Wh¢n any period of time is referencetl by days herein, it shall be computed to exclude the first day and inclutle the last day of such period. If the last tlay of any such period falls on a Saturday or Sunday or on a day mad¢ 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, Suntlay, or legal holiday. �. 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 due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages tlua under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In th¢ event Contractor tl¢faults on any of its obligations und¢r the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor antl its surety shall wntinua to be liable for the liquidated damages under th¢ Agreement until Owner achieves Substantial and Final Completion of the Work, as more particularly tl¢fined herein at Section '16, Dafin¢d Terms. Owner will not charg¢ 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 completed in Its entirely all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work Is complet¢. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with th¢ terms of the Contract Documents. H. Recovery of Damages Suffered by Thirtl Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations untlar the Contract Documents. Owner's recovery of any delay relat¢d damages under this Agreement through the liquidated tlamages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be ow¢d to it arising out of or relating to this Agreement. s Conelvcilon Services AO�eemenl: 12024_vecl] ��, Section 6. Exhibits Incorooratad. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto, and made a part of this Agreement for Solicitation #23-8194R South County Regional Water Treatment Plant Filter Media Replacement and Blend Tank Pasaiv¢ R¢Ilef. Exhibit A-7: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Ke Personnel Assigned to the Pro)ect Exhibit B-1: Payment Bond Form � Not Applicable Exhibit B-2: Pertormanc¢ Bond Form Q Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit 0.1 : Contractor Application for Payment Form Exhibit D-2: Schedule of Values Exhibit D-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 I: Supplemental Terms and Conditions Q Applicable ®Not Applicable The following docu mants are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #23-8194R South County Regional Water Treatment Plant Filter Media Replacem ant and Blend Tank Passive Relief. The complete contract documents, including Addendum with attachments, era available on the County's on -lino bidding system, which th¢ parties agree comprise the final Integrated agreement executed by th¢ parties. Sections corresponding to any checked box (®j expressly apply to the terms of this Agreement end are available through the County's on-line bidding. ®Exhibit J: Technical Specificatiens QExhibit K: Permits QExhibit L: Standard Details ®Exhibit M: Plans and Specifications pr¢pared by: Carollo Engineers, Inc. ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section T. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail or E-mail, addressed to the following: Collier County Board of County Commissioners, FL c/o Public Utilities Engineering 3339 Tamiami Trail E, Suite 303 Naples, FL 34112 conetNcuon sarvmes ngreamanr. Izoa<_vsre7 CAO Attn: Benjamin Bullert, Project Management Supervisor (Llcansed) Phone: 239-252-2583 Email: 6enjamin. Bullert�colliarcou ntyfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall ba made in writing and shall be deemed duly served if delivered by U.S. Mail, or E-mall, addressed to the following: Douglas N Hlgglna, Inc 3390 Travis Pointe Rd, Sta A Ann Arbor, MI 48108 Attn: Kelly A Wilkie, Vice President Phone: 239-774-3130 Email: Kwilkie2000Qdnhi99ins.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or pertorm work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor Ilst." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of She parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under, and its performance governed by the laws of the State of Florida. 6 Constrvcllon Services Agreement [2029_verA] CqO Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not ba construed to be and shall not ba a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. S¢ctlon 13. Entire Aar¢emeni. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other erg reament or understanding of any nature conc¢rning the same has bean entered into or will be recognized, and that all n¢gotiatlons, acts, work performed, or payments matle prior to the execution hereof shall be deemed merged in, integrated, and superseded by the Agreement. Section 14. Severab{lity. Shoultl any provision of the Agreement be determined by a court to be unenforceable, such a det¢rmination shall not affect the validity or enforceability of any other s¢ction or part thereof. Section 16. Chana¢ Order Authorization. The Project Manager shall have the authority on behalf of the Ownerto execut¢ all Change Orders and Work Directive Changers to the Agreement to the extant provided for under the Owner's Procurement Ordinanc¢, as amended, and the terms of the Contract Documents. Section 16. Construction. (i) Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The ru la sometimes referred to as "fortius contra proferantum" (pursuant to which ambiguities In a contractual term which appears on Its face to have been inserted for the benaflt of one of the parties shall ba construed against the benefited party) shall not be applied [o the construction of this Agreement. (ii) D¢fined Terms: The Following Deflnad Terms us¢d in th¢ Agreement shall be understood to be defned as expressly set forth below. Other farms referenced in the Agreement shall be understood as th¢y may separately b¢ defined herein or if not so defined shall be understood consistent with their natural and ordinary meaning. (a) "Application for Payment" shall mean the form provided by the Owner that is to be 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 kind to any real property own¢d or under the control of the Owner, which Work is being performed under a Construction Contract. (c) "Construction Services" shall mean all labor and materials to b¢ provided by Contractor in connection with the construction, alteration, repair, demolition, reconstruction, or any other improvements to real property. Construction Services also means Work. e Coneffuc[lon Sarvlcea AgreamanC 12034_vec11 CCgrJ (d) "Contract" or "Contract Documents" shall refer to those documents described in Section f, subsection A of the Agreement. (ej "Defective" shall mean an adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, deficient or otherwise does not conform to the Contract Documents. (f) "Department" shall mean the Department or Divislon 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 the Owner. (h) "Final Acceptance' shall mean acceptance of the Work by the Owner as evidenced by the signature of the Project Manager or Design Professional upon the Certificate of Final Completion form, Exhibit F-2. Final Acceptance shall be deemed to have taken place only If and when such signature Is affixed to such certificate. Tha Certifcate of Final Completlon shall be signed only after the Project Manager has assurance by fasts, Inspection, or otherwise that all of the provisions of the Contract Documents have been carried oui, including completion of the Punch List form, Exhibit F-3. (I) "Professional" or "Design Professional" shall mean the professional architectural/engineering firm designated to pertorm the design, Construction Engineering and Inspection ("CEI") services, by an existing agreement, or resident in-house Owner engineering services for the Work. At times, Owner staff may perform the design for the Work In-house and shall be considered the 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 be 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. (I) "Proper Invoice" shall mean an invoice that conforms with all statutory requirements and all requirements specified in the Contract Docu mants. (m)"Punch List" shall mean the approved list of incomplete and/or defcient Work that shall ba complatetl by the Contractor after Substantial Completion but before the Final Acceptance can be certified by the Project Manager. The Punch List enumerates the items required to render complete, satisfactory and acceptable all Work by the Contractor. The 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. The Punch List essentially includes items of a minor nature; major items must be completed before Substantial Completion and cannot be considered to be Punch List work. v Conalmcl�on Serv�eas A®ream®nt: t2024_vnr.1] CAO [n) "Schedul¢ of Values" shall mean a schedule showing all activities of the Work su bdividad into component parts in sufficient detail to serve as the basis for measuring quantities in place and/or calculating amounts for progress payments during construction. The Schedule of Values shall ba satisfactory in form and substance to the Project Manager. (o) "Substantial Completion" shall mean the status of completion of the Work which, in the opinion of the Project Manager as evidenced by a definitive Certificate of Substantial Completion, is complete in accordance with the Contract Documents, except for minor outstanding Items listed on the Punch Llst. Substantial Completion includes, but Is not limited lo, the following occurring: ('I) the Work can be safely utilized for the purposes for which it was intended; (2) all regulatory agency requirements era satisfied, including occupancy permits, operating certificates and similar releases, (3) all operational tasting has successfully occurred; (4) all required training has successfully occurred; (5) all close-out documents (such as as -built drawings, certifications, warranties, guaranties, fast reports, Last logs, operational manuals, etc.) have bean provided by the Contractor and accepted by the Owner, and permit acre ptance by permitting aganc(es, if applicable, Exhibit F-f. (p) "Work" shall mean th¢ Work to be pertormed under this Agreement shall consist of furnishing ail plant, tools, equipment, materials, supplies, and manufactured articles and for furnishing all transportation and services, including fuel, pow¢r, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Agreement in strict accordance with the Specifications, ach¢dules, Drawings, and other Contract Documents as herein defined, all of which era made a part hereof, and including such detailed sketches as may ba furnished by the Professicnal from time to time during construction in explanation of said Contract Documents. Tha Work shall ba complete, and all work, materials, and services not expressly shown or called for in the Contract Documents which may be necessary for the complete and proper construction of the Work in good 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, as required by in Exhibit H, Section '10.'I, In the form that appears in Exhibit E-2 that is issued to a Contractor from Owner in Instances wh¢re the parties cannot agree on price and/or costs associated with work arising from differing, unforeseen or emergency site conditions and the work In question is part of the "critical path" of the contract schedule. A written directive should ultimately 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 ba followed up with a written Work Directive within five (5) business days. Section 17. Order of Precedence In the event of any conFlict betwe¢n or among the terms of any of the Contract Documents, th¢ 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 a COn81NCllon aBNicas AgrBBTBnI t2024_var.l] �� 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 ba resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be reaolved by Imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Own¢r'S discretion. Remainder of page intentionally left blanfc s ConHINCIIon aHNICBs A9�HHTBOL I2024_VHG 1i <�ACJ IN WITNESS WHEREOF, the parties have executed this Agr¢emant on the dates) indicated below. T O WITNESSES: �� /. U-4�� ST W ESS David 7• Wil(cie nt Na L�� SECOIQb WITNESS Aaron Garner Print Name ATTEST: Crystal K. Kinzel, Clark of Courts & Comptroller ITE Data: Approvetl as to Form and Legality: County Attorney Print Name CONTRACTOR: Douglas N. Higgins, Inc. By: Kelly A. Wilkie, ice -President Print Nama and Tltla Data: 06/18/2024 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Ch I H II Chairman 10 Conslrucllon Servlcea AB�coMenl: 120Y4_vec11 EXHIBIT A-t: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE1 11 O conavucuon sarvmea ngmamenc [soaa_var. tl CAO 9/]5/3029 - ou oun y e9 one a ar rea man an er a a ep stamen an an ass ve Bitl Schedule Pro acl Number: OO t 36. LB, '10136. t .8 Item pESCRIPTION UNIT QTV UNIT PRICE TOTAL AMOUNT No. t Mobilization"` LS 1 $ 97430.00 $ 97430.00 2 pamobllizaticn"' LS t $ B OOO.OD $ 6 000.00 Demolition of Existing Filtere Internal EA 6 $ 9.000.00 $ 54,000.00 3 Mocha nlcal Com onen[a 4 Demolition of Existing Filter Undardraln EA B $ 26,000.00 $ 156,000.00 S stem B Removal and Disposal of Existing Flitar Media EA 6 $ 28,000.00 $ t68,000.00 B Furnieh and Install New FRP Wash Trou9 hs EA 6 $ 46,000.00 $ 288,000.00 T Furnieh and Install Naw Surtace Wesh system EA 6 $ 43,000.00 $ 288,000.00 8 Furnish and install Naw Flitar Underdraln EA 6 $ 84,000.00 $ 504,000.DO S stem 9 Installation of New Filter Madla" EA t $ t8,000.00 $ tH,000.00 10 Furnish antl Install Naw Flitar Media EA 5 $ 41,000.00 $ 205,000.00 11 Bland Tank Passive RalleT L3 t $ 232,000.00 $ 232,OOD.00 t2 plainfectlon EA B $ 5,000.00 $ 30,DOO.OD 13 Commisalonin EA 6 $ 7 000.00 $ 42,OD0.00 14 Record prawin a EA B $ 3 000.00 $ t8,000.00 TOTAL BID AMOV NT $ 207fi,430.00 Sla!! M1Pa wlbceteE ii 00.000In Ownefa AMWanee - (off Ownare Uae ee D4eolad. TM1I> Allawen¢a WIII be ueetl only at IOa Owne,'a OImOUPn to accampllHM1 wo,M tlue to IM1e Albvenw ea oI the ConlreU PNce IB nol a 9ueontee Thal Uw CwGreclor MII ae pa1G any pOribn o� IM1e U n(wosaan eonU/bne HMb, by tFo Owmn IndUelon o! pert full amount U U,a Allowane0. �xpentlflurea d OWPare AIIOWHnca will be meta Ihmugh Che,p¢ OMeI wllh pmpee Gommanl011on of Tlmw and Meletlal¢ Huppptlinp 0e than "New F1110� Metlle avpetl b �' MO011lxalbn modllzOUOn shwU mt axcaetl 6 a ent o/ II,B TOtel BIG Amount. Pape a a/ 9 GAG EXHIBIT A-2� CONTRACTOR'S B10 SUBMITTAL FORMS AND A�OENOUM (FOLLOWING THIS PAGEI t2 COna]rucliOn SaNlme H9faaTanF. i2024waf. t] q0 FORM I - BlU RESPONSE RORM 60A RO OP CO V NTY CUMM ISStONE[tS COLLIER COUN'PY, PL013IVA Smith Cwnly lteKionnl Wntm�'1'rm,tmen[ Thud Pillm• Medbl IiePlwmmmrt and 131end T'nnls Pasalve RallCf B[D NO. 23-81941i Full Name of Bidder Dou -Ixs N Hieaine. me ._......._. Main Ilasiness Address 3390 Trnvis Pointe Rd Ste A Ann Arbor. MI48108 Piece of Busman.+ 4485 F [ Ave Na 1 pl 34104 "Telephone No. 239A94A 130 Pax No. 239-094-42GG Stn[O Conlmctor•s License # CGC060189 Smte o£Ploridn Cw'ti fi¢nte of Authority Do¢umenl Pedu�al Tax Itlentificnlion Number 38-18000G'_ DUNSN nt_p90_Olx3 CC12# cage roan K2 To: BOARD OF COUNTY COMMISSIONERS OP COLLIER COVNTV, PL.ORTDA (hereinafter celled lbe Owner) "I'h¢ undm'signed, as Bidder declares that the only person or parties interested in thin Did as Principals Rra those named Imrciq thnt this Bid is swbmhleA without collusion with nny other Person, tine or rnrpomlion; thm it has c raful ly ¢nflminetl Ae location of the proposed Work, [he proposal £ rm of AKr'cemenl and all other Contract Documarta nntl Bomla, ana n,a Cm,nn¢t Omwh,gn wed sPe¢ir\amiona. Bidder Proposca, xwd flgrcca If this Bid i cePtod, Bidder will ax cute the Aereancnt included i v the Bidding Docvmanta, to Provide ell n sn1Y mflchine y, tools, wPPemtns m,d other m of consu'uction, including utility antl trmvsportation services n ay to do all the Work, nna favnish ell the eflnterials nod oqu Unnent sPeciBeA or rcfencd to In the C.ontrwct Oocwems in the mnnna� and lima heroin Prescribed and acmrdinK to the requiren,nnts of the Ownm' as therein set f lih, furnish the Contra,mor's Hoods and Iwsumnce xpeciFad in eh¢ Gonaral ConAitions of the Conerecq and to Ao all O[hor things \squired of [hc Contractor by the Contrwct Docummus, m+d chat it will mke ladl payment the sums sat forth in the followinK Did Schedule: lhdt prlcas Shag be 1>rovlAcd Inn ro then two deebnnl points, and In the eflse where tYUKher decimal points �C lnndverkently Pruvidadr roundh,K l¢ t,Vo du¢imnl ryainla Will lac oonductaal by Rncarcm aV Savicea Hivislon 6inff. lJpon noti£cation That its BiA haR been w arded, lhn Svrccossf d IIidtler will a acute the Agreement form atlnched to the BldtlinB DOCumenl9 within tCn (10) enlentlar dRYR and deli Ver lha S\\rclY Bm,d Or Bonds and ]nsurnnce CartiflCa[c8 squired by the Conuncl Documw,[s. Tha bid .Security crunched is to becmnn [he p\oPcrly o£Poc Owner in the event the Agreement, hlsersuveC Cmtif icnles and Bonds ace no\ ezecuaed Rnd delivered to Owner witivin the time above set fortly ns lim:idnred dmm�ges, for the A<InY wed ndtlitionnl expense to the Ownaq it being recognized that, since time of the essence, Owner will suffer finnndal loss if the Success Fla Bidder fella fo ¢xomnC nnA deliver [o Owner the rcgnirad Agreement' Insorm+ce Certificwtes and Hoods within the required time Period In the Cvent of such failure, the [otwl mnount of Owner`s tlameg¢s, will lee difficult' if not im Possible, m definiteb wscarinin and aNw++ti£y. It is hCreby agreed the\ i[ is xPp\rapriate and fair that Owner receive ligoidntetl dntnagcs Prom the Successful Biader In the mrt it fails to a cote wed Aeliv¢r the Agreement, Insurnnca Cerli licntas, wed IIOnAs w asquired hasundnr. 'The Snccessful IIlAder hereby expressly wwives and relinquishes any right which it may hwve to seek [O chwrwcteriu the nbnvC noted liquidwred dnmwgax es w Pennib, which the Par[ics wgrae reP+'ascots w fair m+A renaonwble emimwt¢ of ConsUuctJon So/!c/lPi/on Doc rev 04 t 52022 COA� owners acntnl aam.,ges at mo dme oe madh,g if n,e soeeoasnd adder fails to exee,.te ane dearer the Agreen,em. Insurance Certif icxtes, ane Bonds In a timely mannCr. Upon receipt of the signed antl el>In'oved aSreemmrt and Pnrchaxe Order, the untlersigned pmpnacs to comma,ce woli< at the site within five (5) cnlentlar days firm the commencement da,e stipulated in the written Nolioe [o Proceed unless [he Protect NlannY,er, in writing. subaequennY no[i flux the Cantrnmor ofa modi£eA Clxter) commencement date. The undersignetl further ag.roes to substantially complete all work covered by this 9iA within four hundred nfimty (99U) onseartive cnlo,dar nays, computed by excluding the cmmnen<ement date an<I including the last any of such perio<l, and to be f d ly completed tV the I>oint of f final acceptancC by the Owner within five h undyed twenty (-'.20) consecutive colander days after Substantial Completion. wmputcd by excluding commencement dote antl including the last day V f such period. Acecptmtee and nelumwled>sed 1>Y an Avthm�ize Agmrt ConsfructJon So/!c/(atLan Doc rev 04'/52022 C.AO RORM 2-G'C NTRACTORB <C] PRRSONNI:L ASSICNF.1>TO'YHC PIi0.16CT Nnn.e CcorBe Johnston Michael Lobello Rnntb Coon[y Re81onn1 Wntm"tl�enlmon[ Plma (SCRW'PI•) Piltm� MnAin Replacement Wool Rlnncl Tm.la Pnssive Re1feY 6iA Na. 23-619JIL pe el Cateaary Conslruc[ion Superinlondcnl Pr jecl Manager Construct/an So//cltet/on Coc rev 04952022 CAO NORM 3 -MATERIAL MANUNAG:'i'URE125 THIS FORM MUST BE COMPLBTEU OR BID MAY BE DEISM EU NON-RE3PONSIV E All Bidders shnll confirm by signnmrx Ifia( they will provide then wfxcturcrs end materials outlined fo this Bid spocifications, including compliance with Florida Statute 255.2f1 fo p�nvide lun,bm�, timbor and other (bras[ products produced and manufechned In the State of Florida as Ions xs the price, fitness nntl quality nre aqunl. Fmnptions (when equnla me acceptable) may be requested by completinii tl,e Nlaterinl Mnnu rnc[vrer Gxegation List below. IP nn ception for a manutacun-er antl/or material s proposeA anA listed below anA is not approved by Anginecr/Project Menngm', Bidder shall Nrnish the manufacturer named in the speeif5cation. Acceptance of this form does not constitute aceeptnnoe of mmerinl rropnxea m, ndx hst. Complete anA sign section A 9A B. Section A <Accepance of xli manuY tw'es and materialx h, Aid specifications) On behalf of my lion. 1 confirm that we will uxe all mauifnclau'crs and materials as specifically outlineA in the laid specifications. Cornpnny: �j �q � - SIRn9tnre: �'�' _y`_'�"�LE—' Uata: F/R/24 Seetion B (Ex<ception rcgnested to Bid spccificntions mamfnctu,'m's and materials) 'PION MA' GRIAL 2. 3. 4. 5. Flenae i„sen adaitional pager ax „e.:exaary. cn,nrany: oat Construc[lon So/lctta[ion Ooc rav f)4162022 CIAO FORM J -LIST OF MAJOR SUBC:ONTRAC9'OR4 T]IIS RORM MUS'C 6E COMPLETED OR BID MAY BL DEEMRD NON-RESPONSIV F. The undm'signcA atptes tbat the Following Is •list of Ma Vroposrd subcontrnemns for the major categories outlined in the requirements of the Rid specifications. The undersigneA wcknowledges Ls responsibility for ensuring Ihnt the Subc¢ntrartors for the major categories IistcA Meroht a "qualified" (as tlefinad in Ortlinnnca 20I9-08 end section IS of Instrucllons to Bidders) and meet nll legal requirmnams nVPlicable <o anA necessitatetl by the Contract Doewnents, includinf5, but not limited fn pmPer licenses• ccrti Plcations, registrations and insurance covarega. The Owner rese. ves the right to disqualify any Bitlder who ncluAes non -compliant or non -qualified Subconnac[ors In its bid offer. Further, the Owner n,ey direct the Sucrossful i);ader m removefrevlaaa nnv snbeomramm�, at no admhonal coat to owner, which Is r«md in lac non-nomvunnt wan this requirement oith¢r before or after the issuance of the AwnM of Conb'act by Owner. (Attach nAdirionnl sheets ns ceded). Fnrthep the uuAersigned acknowledges and agrees Ihxt promptly after the Award of Contracq and in w:lance with the requirements of the Contrrtet Documents, the Successfld Bidder shall identify all Subcw+iracfors x` intends to use on the Project. The undcrslgneA further agrees that nll Subwntractors subsequently Identified for any portion of work on this Pr jeer must be gvaliFcd as noted above. Mpjor CeYegory of Work Subcomrector an<t Address 1. EIecV'cwl _ -- 2. Nlcchanical r 3. Plumb'n J. Sire Work ... S. Identify other subconirnctmx that roVresenr more rhpn 10% of Vricc or thpt affect the critical nth of the schedule ^ co,nranr Signxtu+c: Date: �. /u/�a Consfrcrction Solicitetfon Ooc taa• OO952022 L` O FORM 5 - 3TATL+MBIVT OF BXPBRIBNCL�' Olr BIDDL+R TH[S FOliM MU.SF BT C:OIVIPLCTED OR BID MAY Bi DBLrMEO NON-RL^SPONSLVB/1VON- RESPONSIBLE. fi L•'. P: :iU PPLLIVl1�aY1`AL. QVA-LSFICA')30N R6QULRCINEN'C9 — ('l'htt 5'uPY/^Ole///n7 [%Jrz/U/,cu/l.» cr Rnc�r Preecr/¢nce, sI>OIII(/ (/I (5/'e GC c( //IIIC/I//g Ia/(G'Mflrc• 1V/l/] tHIO'./bl'//i.J The Bidder Is required provide Jive (5) project references, stated below, of whet work of sim filar magnintde canplated within the Ins[ 11ya CS) Yeats is a Judge o}Y is oxperionca, skill and business standing and of its nhility to conduct the work as co nplataly and as tepidly as required under the teens of the Agrecmant. 1' NCWRP EfOuent Fdter Set I Rehab. Confer County Publfc Utili[Icx (pto}ect nnma) (prsylect mvner) 10500 Goodlette Rd.. Naples, PL 34109 -�39 Tnn,iamf Tr. E.. Ste. 303 ec�locntiw 5) (Owner anddrcas) (Renee 1 anA In Ilatiw> ni Cnm' nutnmattc hackvae6 mterx p�� AWO, n,derdrain male. ,d Wa et<nrloyich, P.F _SPM (pro—^';ec��J�s¢^l�i��n (Ownm a¢onmct pet son) Cana) 2014 $ i,460.000.00 239-252-53]2>e.ka>'loyich�cellie,'coavLLyfl.gov (vtaie¢r xmrueon,pletion dates) Ccone-nm vain<) (phone) (emaW 2. WWTP FIiter Rehabllitadon City eENaplea - Publtc Utllidea Rivc,aide Cirdq NaPI<a. FL 39102 380 Rlveraide Cfr.. Nap1e5. FL 94103 ( �gjeot loc tim,l (Owner's nddi�ass7 Yei bil' fft v t �axicb kw 1 OI 5tnk;9'ieovla<r oTafl^' a„g �.,et �'m,5`Yfial<x el, .. slam sm<r+:aoa (pro}ew a<a dpdon) n,. aa<l, xrxt n. � (ownw a eomnm pwaon) ands) 2019 $ 500 000.00 239-313-4]53 6 i 1 (pto}em stnrucon,viationaoes) (mmrnct vawe) (pbone) (e,vaiq 3. SCWRF Grit Syx[ems/BQ PnmP Maaifi<etton Collier C-ovmy Publie UWit1<x (p, o}¢6C nn,ll¢) [11,'O}CAt OW IIOf) 3835 City Gnte Ur.. NaPlea, PL 39 i ]] 3339 Temian,I Trn31 A.. Sta. 303. NaPlea. PL 34113 (p.on el � d q (owners nadreaa) llC1 xflY s. �Li�;IT:fir�n€6.;56'rf,'d1a, v;&�Sa"'iY<4o�n:,t �,`d:ii»� u>:<[oP<.<tnr (Project desedPdm,)<rensudl ah <e is gQ.,,Wug p.rmY.'®wale[" < nmm Parson) Cane) 3ms $ t s20 ooa.ca (pi jec[ nNrt/completion dates) (eantrac[ value) Canafroc[!on SPlIo1(afJoO Oop rt p 04162022 23s-3sz-za39 mrmao her Lrdaw<okmrcnnmvn.gnv (phone) (amaiQ �q0 RORIvI 5 - f3TA'PTSMICNT OR RX VTkR3RNCG OR RIDDTxR 4. hnmokalee Wmer Seaver Disu1ct Clarifier Rehab. Lnmokake Water Sewer District (In ujccl nnme) — (Vrojeof owner) l40 White Wny.lmvmkalec. FL 3020 Sanlfat[on RA..2m ,okalee. FL 34141 (, o} t 1 tlon) (Ownw s addlnss) �' psi"R 1^(.�l "n�al lid+ � I� � saral, estate L'n«..tiva Nh�«for Cn� Je9t lescriptionj anala b'iJBev, elecvlcal worA.(Owner's mnlnat Verson) (litl 2023 $'+08n.nnn n0 23 - - 630 robestale®hnmokeleeavatersewer.com (project completiwr dole) (mount[ vnloe) Qrhone) (e nnlp S' SCWRP Pun,Y Station 5 h Plpin6 bnprmememc Colliec Caunt Public U[ilinee (YroJect nnme] (tar )ml owner) 3833 G[y Gn[e Dv., Naylax. FL 391 t9 3339 Tmnlmnl4'va[I Ii. tire. 303. Nnylcs. FL 39112 2f-iGc'Tillo - -ptpes a e asipenA�tmm� a'm „ca .o,W<vne Karlovitly P.L+ CPM ��_¢y�a{lp� mP>n6. Owner's conlflc[ ) (title) (Ip, ect rCel�rplpSo,T)ele 9cnl wnrk.insaawnvoa ioq C Person arni�SCAOA SYarm vaork. `nav, F 15OO OlW n0 239-252-33y2 � kudovich®m liercoo nvfl.8ov (p,rjeme nNenn„dnro) (mlarnet .,nine) (nno,o) (el .nip 'Conipni,y; n!<9 N. Hi Biv, lnc. - - � .. d/B/]A Data: SiBhnLLun: Conalns(lon So/tc!(afJon Ooc rev 04962022 cC'qO __ -- -- - ___ �— F012M 5-3'PA'{'L`.MTCNT OF F.XPL+RICNCL OFI3IDDLl2 TIIi3 FORM MUST DE COIyfPLF.1'LD OIi DiD MAY I1C DRR.MCD NON-R6:9PON9NR/NON- 12�91'ON9I13LL. 5FSi: SUYIR.SLRM1 ICNI'Al-. Qi1A1.1(r]CtA'1'/014 I2C QUI PL:M SSPI'1 :S - (I%rrc .So/� lnurcu/o/ Qurrl(jlcu//nrzs /aG.•e�Yreccdenc•r. a�Lnrdd Uiary / c car{fActDrl: /rnrl:none ,vllH Y/rla;fi�rru.J 'I'ha Iildd¢r is laqu M1w.Cl ptv>vide flv¢ (5) pnjact r¢terancas, stated below, Of what work oY nimilnr mngN4,da Oomplatad within the Inst five (5) years in n jndga of its ¢xyeriance, skill and business sluntling nnCl Of" i[s abtl itY to rnndnct the work ns com Plet¢IY and ns ,uPidly ns requireA unQ¢r the terms O('the Agreement. IORth ffi lU9th Avc. N. Pubic Utilities Rcnmrd Crr¢jent name) Nuplea Park Ge,ofect hoodoo) _ _ $ 108flO.000.OU pn'nlem stnrvcornPlet;ou dates) (tic, tract valve) Collier Coau,fy Public Utlli[iea p>rroJtwt owner) 3339'Pwnimnl'1'a'wll N.. Ste. 303. N:,Plos. YL 34l l2 (Owner`s ndrlress) PMP (title) 239-252-021N Olnna DucYl�eellincovnwn.¢n (Phone) (email) z. cnumr enemy - cnnn�aa ma$ao n,.nvd cnluer ceanxy P„bm utnmee cn.uraet (onacl„a) - ..--- (pn?ient ,mme) (Prnient ¢.mar) C:o111cr Cnunf -N[]W RP P[SCaN1tY 3339 Temimnl l'rnil P..5te. 3U3. NaP1es,AL 34112 (� 1 NGW ItP Oni�II oo U'.ch Nn 2 i1µµecbu,dcnl UPSrnrlen Fil,cr C.�nmPlta'P'Ha-''emenl Ow ar`s ndtlr¢ss) ( n � GPM Peter 3cbal, SCURlu lanai .., .. ... ,i .. .... ,..a. rtc mowL (-proJeol desori Plion) Ana • [, t\M Owner's coated bile ( person) C - ) $a6200b.89 x44.iov.ao 239-252-5343 pc,ur.lch,dl®udliercuuntyn.guv zozU, z024. znz2 S-yzUJJa45z— _a39-2sz-s Ja_--,-_ wgY}!5. dnvichTmnicrcou ,tvn.Eov (pn>)uct start/cnmplution dates) (conlrnut value) (Pbonn) (nr x,ip 1'ntal An,val C'o„[rncL $2,5UO.000,UU 3. fP,»J¢et otvnar) (Pmlaaa name) (Ownw s address) (paojeet loention) (Owner's contact Parton) C[Rlo) (Pm)ec[ <leseri Plion) _ $ __- .. (Vro)ect slnrJcomi>lalion dotes) (wntract vdue) (Phone) Con$lructfon SolloQ¢NOn Oo0 n3,. 091G2022 PORM6-TRENCH 3APETY ACT THiS IrORM MUST BIL COMPLETED OR Bin MAV B6 DEEM EO NON -RESPONSIVE. 6itldcr acknowledges that included in the various items of the bid and in d[e Totel 6itl Priva arc costs for complying with the Ploride Trench Spi'ety Act (90-9G, Lawso{Florida) effective October 1, t990. The Bitltler furohar identifies [he cost to be summarized below: Trench Sefoty Units cf Vnit Mepsure Nicnsure (Ouantitvl (SJescrintiont (LP.SVI 1. SI I Y..l L ! � IDo Z aK 3. 4. 5. lJnit Cos[ '1'O'PAL $�_�. Ocii. fix% Co npflny: Tn pm N Hien „y�ln�sff Signature: � a �t.C-4 N. - I��i Date: 4/8/24 Extendetl C:nst '�.� � DOO . CXJ Construction So/icita[iwl Ooc rev [M152022 GPO FORM 9 -BID 60ND TF113 FORM MUST BE COMPLETED OR BID MAY 6R DEEMED NON-RRSPONSIV E/IVON- RESPONI3BLE KNOW ALL MF.N AY THESE PRASBNT3, Ihnt w Douglas N. Hig ins, Inc. (herein after cvlledo the Principal) and _ (hernia cvllnd tho Sumty), a curpornlion chartered and existing under the Inws of dte Slate of CT avith Its p.9ncipal offices id the city of Hnrtfortl and eathorized m do business in the State of PL arc hNd and linnlyfirm ly bound amto the (hnreinafier called the Owner), in the full vntl just sum of�bs_I' `^^•r ..ativc_alla •-^mot h'tl dollars ($.5% t Good vnd InwNl monoy of the United States ofAmaricn to bo paid upmt devn id of the Owneq to which Peymenl wall and truly m be made, [he Aiacipel and iho Smnly bind themselves, (heir heh's, nntl executors, administrators, and vssigns, jointly end severally and firmly by these Presevls. Whoraea, the Principal Is about to submiq or has eubmitled to the Owner, a bid far famishing all labor, mnterinla, equipment and incidentals necessary to fttrnish, install, end fully wmplete iho Work on tlw Project known ns Bid No. 2J-g199 R. N(>W, THDREFORE, if the Owner shall accol>t the Bid of tho PRINCIPAL nntl the PRINCIPAL shnll enter info the squired Agreement with the Owner antl within ten days after the date of a wrinen Notico of Award in accordance with the terms of suoh Did, and gives such bond or bonds in an amount of IUD%the totnl Conlrnet Amowrt as specif ietl in tho bidding Documents or Contend Documents with good vnd su fficiwt sare[y for the fAilhfitl performance ofthe Agreement vnd for the prompt payment of labor, mamrials mtd supplies furnished in the prosecution thereof or, in the event of the fnilws of Ute PRINCIPAL to enter into such Agreement or to give such bond or bonds, and Aelivor to Ownor the required cettificates Uf Insumncc, Sfth� PRINCIPAL shall pay to the OBLIGEE the fixed sum OPS % 1' 1 d noted above as liquidated damages, antl not es n Penalty, es provided M the ➢idding Domtmenta, then thls obligntion shell ba null and void, oilaerwisa to rmnain in full toroa and affLct. IN TESTIMONY Thereof, the Principal antl Surety hove causetl these prase-nts to be duly signed antl savled this an• _daY of Ap.: .2U 24 _, ........�^e v mae�... r..., PrinciPd ;6en1) � - amstyty � :Sent). CG P O(ract (nqu(rlas/Claims to: THE HARTFORD POWER OF Ar�"lC"0�1�EY Har; lootµ ConA4a:ICYt Ua,96 t�a,_sa.,(nrtl_�,na oan�fee6-zeeaodg or tax: eea-Tsi-seas KNOW ALL PERSONS BY THESE PRE9ENT8 THAT: Agency Namo: HYLAN'c oROV P iNC/'t'rzov q e cY Cotla' 35-3515gg 0 Hartfortl Flre Inauranca Company, n corporoalon alnly mgenized under oho laws oflho Saela oFConneelfeul © Haflford Caeuelly In a company, a wrPuralion darty orgnnlzed antler Ne Imva ul'the Smta nFlnallnnn © Hartfortl Aeeltlnnl 0ntl Indemnity Company. n copsmaUnn slaty arganiwtl onder ILc laws o(16o Suto ol'Connedicur Q Hartfortl Vndnnvritara Inauranca Company, a oryomrion auly orgnniutl under era laws oYLM1n Slain of Connoclicnt 0 Twln Ciry FIIa Inauranoa Gomgarry, a arparatinn tlnly orgenlsd uodcr lix Inwn of [hc Slnle oflnalane Q Hartfortl Ina a CamPanY a( Illlnola, oorporetlon dalY orgaolzod nndcr nc� Imva oftne Sbtc aFSlbaoin Q Harlfoftl Inauranca Company of the Mldwas[, n mm�earinn duly nrgonixcd under aha laws oitiw Stnta of lndiene r1 Hanbrd Inauranca Comoanv oT the 9eu[Neaer, a wmoratlon duly organized wWcr the laws of qw Saarc of Plorlda up to fha amount of VnlimiLed 9uean E. Hurd, V1oR1 c. Duncan, Tharaae .T. Fo16y, Nioholsa R IiylBnt, J0nn1P¢r A. Jaroez, Jamie Laurancelle, Saraya S. Nair, Kriatia A. Pudvan, .hrdy K. N118on, Kathy 5 Y.ach oP xBDY, Michigan {halt Imo antl IawfUl Allor09y(a)-In-FaCq Baah In [heb separate esapadlaynif more IFan o e la nem0d above, [o e^gn Ito name ea sumty(IBe) only as tlellnealetl above by ®, antl to execute, seal end acknowledge ny tl all bonds, untler[ekinga. conVacls a tl other wrlalBn Instruments In Iba naNre thereof, on behell of Iha Cbmpenlae In (hair business of guerenlaeing tM1e fltlehty Cf persona, 9uarentanin9 the pertormanca o1 contracts and executing or 9uaranlaaing bOntla antl untlerlakinga requlretl or permllletl In any actions or procaetlbga allowatl by law. In Wltneas Whereof, and as ulM1odzatl by a Raaolutlon or the Boartl of Directors of Iha Companlea on May 23, 20,B Iha Companlea M1avo caused Iheaa prasonla 10 be signed by Ile ARais\ant Vlce PreeitlOnl antl Ile carporalo Seals to be hereto aryl%ed, duly allae[ad by Ile Assistant Secretary. FurlM1aq pwauanl tc RasolUtlOn of the Boertl of DVagora of the Campenles, the Companlea hereby unambiguously attVm Ihat Ihay are and will be bountl by Bny machanloaliy appllatl signatures applied to lM1le Power of Allomay/. F� �vLG(�ry �/r��s+.n c.--)af-L!w!/�%%ji7-,w•... Sa¢Iby WIg81ns. Aenlelanl SOOralary JOBIIa L. /L/aPlana, Asalatan[ VICa President STATE OF FLORIDA ss. Lake Mary CO VNTY OF SEMINOLE On Ihla 201M1 tlay of May, 202,, before me paraanally came Jonlla LaPlerre, to me known, who being by me duly swam, dltl tlapoea aM eey: that (s)h0ted the albove InlalrumanCnlha s(a)M1e kn lowerld M1eM1 etale)of M1 teald corlporat[bon; tM1al the IsealeheH xad to the ealtl Inau menlnam euohbcorporet¢ aaalan Ihat They ware ao attixatl by eulhonty of tM Boertla or Okectaia of eeld corpomlbna end that (a)he algnetl hle/nor name Iherelc by Ilka aulhodly. 4v �<.Qa�<A � -��,z� .a::;,:�: m�za�;t. 1, rho untlarsignetl, Aeabtan[ Vice Prealtlent Cf Na Companlea. OO HEREBY CERTIFY that the above and foregoing b e lme antl correct copy of Me Power Cf Allomay executed by said Companlea, which Is still in lull bma eflael{va as of Aori Og 2024 Signetl antl sealed In Lake Mery. Florlria. �ayraa � i'! k a � � ^ ^�� 7 .w".. F f/p `� ..,,^e""n. .. e x ./ir/ff�l '(�' l��.l�Y� (a i Kellh D. DOZOb. A88(81ap1 Vlea Prealtlent ((iAa1 '. FORM 8 -INSURANCE AND BONDING REQUIREMENTS The Vendor sF,nll nt its own azpensa, carry and maintain insurance coverage from .esvonsibie companies duly authorized to do bush,eas in the State of PloNda ns set forth In FORM 8 of Ihls solicitation. The Vendor shall prpaure and maintain propnty insurance upon the entire Pmjecq if IrequireA, [o [hc ftdl Insurable value of the scoVa of work. The County and th¢ Vondor waive against each nlhar end the Coonty's separate Vendors, Comm�e[ora, Design Consaltauq Subcontreclors, agents and eanployeea of eaoh and all of them, ell Aamages covered by proporty insurance p,nvided herein, except such rights as U,ey may 6eve to the proceeds of such insvrm,ca. The Vendor and County shall, wham appropriate, raggire similar waivers of subrogation from the Cuunry'x sapamm Vnndots, Design Consultants and Subconhactors and shall require each of them to include similar waivers in <heir contracts. Collier County shall be responsible for purofiasing and maintaining its own liability tnsurnnca CcrtifSofllas issned as a result of the award of Ibis solici Mtion must Identify ^For flay and all work performed on behalf of Collier Connty", wy the speoi£c solicitation mtmbar end title. The Oens'al Liability Policy provided by Vendor m meat [be requirements of this selicifadon shall non a Collier County, Florida, as nn ntltlhionel insuretl es to the operations of Vendor mMev [his solicimtlon end shell contain a saverebility of interests ptnvisions. rho cortir¢ax Holder strait ben mad as Coiliar County Bom'd of County Commissioners, OR, Hoard of Cowrty Commissioners in Collier County, OR Collin' County Governmenq OR Collier County. The Certi Ficatas of Inaw'ancn oat slam the Cannact Numbeq or Projwt Nannber, m sireciftc Aroject dessiption, o, mpat read: Por any and all work Performed on behalf of Collin' County. Th¢ mnonnts and types of Inaumnae coverage steal l conform to the minimum requirements set forth in FORM 8 with H+a n of Insurance Services OfYioe (ISO) forms nntl andoraements or their equivalents. If Vendor has any If-_ inawcd retentions or deductibles undw' any of the below listed minimum ,cquirod coverage, Vendor moat identify o the Cwtiflcam of Inaurenc¢ I6c nnurea and amount of ouch self- inmred retentions or detlgc[ibles end ptnvide sntisfac[ory evidence of financial responsibility for such oblignLLons. All self-insurod remntions or deductibles will be vendo,"a auto reaponamaity- Covernge(g) shall be .nflintained without interruption fora the date of commencement of the Work until the dam of completion and naceptance of the scope of work by [he County m' na specified in this sollciwtion� whichever Is longs'. Tha Vendor end/or its i shall provide thirty (30) days wdlten notice [o the County of polity oellation or nonnrenewal on the part of the inanrance enrrior or the Vondor. The Vondor shell also notify [ha County, in a like manner, within twenty-four (24) houea after raceipq of any notices of expbatioq cancellation, non- wal a' material change in covct'age or limits received by Vendor £rom its insurer and noshing contained hu'ain shall relieve Vendor of <his requirement to provide notice. h, the event of a a'educ[ion in the aggregam limit of any policy [o ba provided by Vandur fis'eundeq Vendor shall immediately take amps to Nava the agg,'egnfe limit rainsmted to the 4 11 extent permitted under such policy. Should n[ any time <he Vondor not maintain the insurance caysnge(g] raquireA terrain, the County may terminate Ifie Agreement or nI its sole Aiss'etion shall be nuihorizad M purchase such covernge{g] and charge the Vondor for such coveraga(g] purchnsetl. If Vendor fails to reimburse tfie Connty far such costs within thirty (30) tlays xftu' domand, the Coamty has the right to offset these costs from flay an,onnt due Vendor untl¢r this Agrcoment or mry other agireamcnt between Ifie County and Vondor. The County shall be under no obligation to purchaso such insurance, nor shall it be rcspons{ble for the covaragcfs� Purchased or the in ace company or companies usetl. Tha decision of the County ro Vurchase such in ueuce coveregej� shall in no way be constructl to be a warvea of any o£ its rights under the Contract Documents, sa If the inttinl or any subsuluently issued CeatiFleam of Insw'ence expires prior to the completion of [hc scope of work, the vendor shall fvnish to the County r ncwnl or replacement Cortifrcate(s) o£ Insumnc¢ not later than ten (10) calendar days after tl.e expiation deter an the ceiYi fiesta. Fflilwe of the Vondor To provide the County with such renewal certificates) shall be considered jusfl£aetion for d,a County to terminate any and all contracts. (:AO �G"a� CERTIFICATE OF LIABILITY INSURANCE ""IMMIap.T.YTI 3/22/202A THIS CERTIFICATE IS ISSVEO AS A MATT@R OF INFORMATION ONLY ANO CONFERS NO RIOHT9 VPON THE CERTIFICATE Ha LDER. THIS CERTIFICATE GOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND Oft ALTER THE COVERAGE AFFORDED BV TI�IE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE ODES NOT CONSTITUTE A CONTRACT BETWEEN THE 188UIN0 INSURER(9), AUTHORIZED REPRESENTATIVE OR PRODV CER, AND THE CERTIFICATE HOLD@R- IMPORTANT: If lM1e carllflveto M1oltlor le an ADDITIONAL INSURED, IHe pollvy(lea) moat Ireva ADDITIONAL IN9UREO proYlclona or be endorsed. If SUBROGATION IH WAIVED, subloot to the terms and condlVona of tM1a policy, certain pollvlos may royulre an endoreamenl. A e<ntomont on this carNflcato loos not oonfer rl bls to tba aeltltivpta M1eltlar In Ilau oT aucM endoreoment a . HylaOf RAnn AfUor 20t Depot 3lraai Ann Arbor MI 48t 04 Anne 011n o Fxa N. Bi9-332-122E 39-]4t-135 -•-�O� _awoaL Anne 011noer®IHvlan6eam _ !:�InFro_wo cov_eR_ _ _Conllnantel Ina a Company 362H9 ___ _ _ _ ' - � HIBO IO uVglsa . Tran vortelion Ina a Cv 20194 u : Endw e A 1 n S edelly Ina Co 4tJtH r�4--p- N. Hlggl s, I C. 3390 Trevla Polnla, Sulfa A Ann AfboT MI 481 OH -- IxeuRea F: OOVERAOE9 TT9 INOICATEO. CERTIFICATE EXCLUSIONS CERTIFIOATE I6 TO CERTIFY THAT THE POLICIES NOTWITH6TANDINO ANY REOVIREMENT. MAV BE 169VED OR MAY AND CONDRIONS OF SUCH OF INSURANCE PERTAIN. POLIOIE9. NUMBER: t9]4]096t REVISION NUMBERI LI6TEO HELOW I IAVH BEEN ISSUED TO THE INSURED NAMED AEOVE FOR THE POLICY PERIOD TERM OR CON OITION OF ANY CONTRACT OR OTHfiR DOCVMENT WITH RESPECT TO WHICH THI6 THE INSURANCE AFFORDED 8V THE POLICIES OE6CRIBED HEREIN I6 6V BJECT TO ALL THE TERMS. LIMITS SHOWN MAY HAVE BEEN REO VCED BY PAID CLAIMS. R 1/1F2039 9/1/3025 Ta X Lae U10a182209TOV R O t O _ @p$(p.-y �� Anmr 600000 IMa-MME � CUR St0000 K --� 81000000 uMIT.V•P - pCJ,� O Pa i200 000 ___ 2pppgm LIT 9VM061s220ao 4R/2OM 9f1/302fi Sy000p00 Y(Per :®q Y Xr v (Fs anp a X TOa OxLY X ONLY a 8 X X�oa V'IOn1a220S0 9/1/N29 9/tY30Pb HOOD OOO a 9 000 000 s%IA i ANO EMPLOVCRa Url �.'y Ian �JnaErely n uv1 E%c�uuem o R/" KCT0122HH0]1 L/1/1029 9/i/2026 X 1 O00 - E $.1y0 .___ E.t. mean - ;�. oo ® St OOO 000U Ap9 Ooiam Il yEar 'Urm x PNV100t6SO3a00 9/t/2O2A 9/1R02S Jab p UMerg oRa tl Oontreelw 8orvlcasa#20.THOOre PAElllonsl InlaureU for General Llablllly, pdmalY�anO npon-Poconttlbulory, ee raquVed by writbn wn0ecl - Warkere' Com Bolerdl O policy Inckldna`Lon9anom a rl°ltl Ho borlWorko�le' Componae111ons AclaE lndoraemen[ WCOOOIOSA �/ IR Ina nmaunt o15"L000.000. pensa CERTIFICATE HOLDER CANCELLATION HXOV Lo ANY OF THB ASOV E OESCRIO@O POLICIE\9 Bfi oOANCOEI VERERORH ' THH E%PIRATION GATE THEREOF, NOTICE ILL @ O IN ACCOROANOE WITH THE POLICY PROV1910N3. 3C2a98 T mieml Trail Eas Counly Commissioners a NaPI®a FL 34U12 1—� exK Ne 1,-��y1 ACORO 28 (30'I O/OS) TM1e ACORO name and 1090 are roglstarsd maTke oT ACORO i _.,�:� Procurement Servlcos Division RORM 9 -CONFLICT OF IN">'>Srt 85'r PFI+IllM1 V li' Th¢ Ventlor cet'lifioa thm, to d>e best of its knowledge and belief, the pest and c rent work a any Collier County project affiliated with this snlicitntion dots not loose an organizational conflictatos described by one of the three caegories below: BMaetl grnuntl rnlea —The firm has not set the "ground odes" for nffiliawd peat or cannot Collier County project i<lentiFletl ebovo (e.g., wrilb>g a procuramenl's statement of work, specifiontions, or pertbrming systens engineering and technical tlimctlon for the ptocurcmanp which nppcnrs m skew the enmpelition in favor of my Frm. Impaired objce<ivlty -'fha firm has not performed work o affilixtad pas[ o ant Collier County project idemified nbove t0 evaluate ploposels /pas[ performnnceaof hself or a competitor, which calls into question the contracmr'z ability to >render impartial advice to the govenunent. Unequal n s to Infmmmtion —Ti>c firm has not Imd n s to nonpublic inf rnmtion es pan of ita parfonnance¢of n Collier County project idemified above which may have pinvid<d the contractor (or xn attilin[c) with en unfair competitive edvantnge in cm rant m� Cunrre xW iailufions and eonh'ne[s. In addition to this signed nttidnvit, ebe contractor /vendor nwst provitle the tbllowing: 1. All docummLLs p.nducetl as n result of Iha work completeA in tl>e past or currently being worked o0 for [Ne above- cnliened projecq and, 2. ❑adicnte iCtbc information produced was obtained asa matterofpublic re ord (in the "sunahinc'")or[hroaghnon- nublfc (nut in the "sunshine^) conversation (x), meefing(x), documents) end/or oche' mein::. Pailnra ro disclose all matarinl or Moving nn orgenizntional con Flirt in of the threw categories nWva be id¢mified, may result in the disqualification for future solicitations afril etad with the nbove referonoed p Ject(s). 13y the signanua below, the Firm (employees, oflice's and/pr agents) certifies, and he�roby discloses. <hnq to lha bwt of !hair knowledge and belief, all relevant triers eon 'Wing post, present, or currently planned interest or activity (financial, conlrnehml, orgnnizationul, o othewise)ewhioh rnlxme: to the pr jeer idcmfitied above has been fully disclosed end does not pose nn orgxnizationnl conflict. poyglnS�=Hlaains_ 1 >c C:o pany Name Signamin Ke11vA WtlkYe V ceP�m.E oat Print Name m>d'1'itic Slate of Michiapn _._ _ County of Washtc>a The F regoing insb�ument was acknowledged before n e by n of 1� physical presence or O online notarisatim>. this Sth tlay of,_,_� a (month). 2g24 >(year), by s r spy A W (ki (mm�c of persov acknowledging). a. - "" —t(S gna[w fNot YO nblio-Start of 6W lda)Nlichiger ' Dnvitl 1. Wllkic (Print, Typa, or Stamp Commissioned Name ol'NOtaly Public) �YcPsona Oy Khowti OR Pfoducetl Identification �, Personally Known Type of ldentificntion Prodpced DAVID J. WIl.K1E Notxry Pvbtic, Mlctflpan ' County of W aantanaw My Comm. Erytrxs 05/20/202n CAO CoLver �owwaey Prowraman[ servi<sx DFriakm FORM 10—VENDOR DECLARAT[ON STATEMEN"C BOARD OF COUNTY COMMfSSIG Collier County Governmmrt Complex Naples, Pbridn 34112 Dear Commissioners: Thu undersigned, as Vendnr declnrxs Ihnt [his msponse is made without c cction o rnngement with any other person nna n,ia proroaal iF h, a�ery roan=et r»b� nml made in good n,hh, w:mna�t nounaion o�+rnnd. Tnn Ynndor nnreby declares the instructions, purchase order terms and conditions, reduirements. and snecificntions/scope of ww'k of ifiis amialtaunn bn�e been may examin«I and n«arias. The Vendor agrees, if this solicitation submittal is accepted, to execute n Collier County document fur the purnose of establishing a £ormel mntrachial rclntionship between the Pan and Collier emu,ty, for [he performance of ell red uiraments uo avhich the solicitation pertains. 'fhe Vendor stales that the submitted is based upon the documents listed by the above ref rencad Snlicinnion. Pu rtbm-, thn vendor agrees that if awartleA a connreet far these gaols nd/ur smwfces, the vendor will not be nligihle to cola Pele, submit n Propusny he nwnraled, m' PerPorm ua a sab- vendw� for any mture asaoclated with wo N< that le a result of ibis my»rdeA em,tract. IN WITNESS WIIErzBDF. W6 have hereunto subscribed ovm names on this _8tIL day of Am91 , 20 24in the County of �< h<enaav n the State of Michigan Firm's Legal D 1 N H' i 1 Name Address: 44851= A Clty. Slate, 21p Na I PL 34104 Code: Florida 6 Certifioate of AmhnriTy oonn.nem Numbar Padcrel Tex 309965 Identif5catian Natmbea' D R2 +cc:rz a or cncE coax *Only if C.rnm Funded Tolq+hone: 23l ��4 3130 Emaib k 'Iki 2000C'id 1" - Signature by: %t � L� e.- (TYped and wrincn) Title: Kell A Wilkie Vice Presidem <GAO � Sena pPYmw,ts [o: Q�equired if different fYom above) Contact name: Title: Addrexx: City, Stai4 ZIY Telephone: Email omee aer�ieh,g come. Canny [o place m�dera (inquired if different Fl�ot above) Contact name. Title: Adtlress: City, Stale, ZIP Teiepnnne: Email: Secontlary Contact for this Soliciiaiion: Email: Phone: Adai[ionnl Contact Information D 1 N H' ( 1 — Compnny name usetl Ps Yayea 3390 Travis Yoin[e Rtl. SIe. A wraa i ' 9485 P A N� 1 Pi 39104 4485 8 A n Cm��ic'F' �csJw.wx�ntY Prc>curomant Services Division FORM ]I-IMMIGRA'l'lON AFFIDAVl1'CERTIFICATfON This Affidavit is rcquireA and should be signcA, notnrizeA by an authorized principal of the firm and submit[ul with f.>rnud solicitation svbm ivals. Pur[her, VutAots n required to bee rolled in the P.-Verify program, and provide ccptnble eYltlencc of their a rollmmu, at th0 time of the submission of the Vendor's bid. Acceptable evidence fists of a copy oP the properly cmnpleted E-Verify Com Parry Prafilc page or n copy of the Ihlly exemlfed E-Verify Memorandum of UnAmsianding f r the company which will be produced at the time ofthe submission oftbe Vendor's bid nr within fve (5) day of the Cmmry's Nalica of Recommend Awar<I. PAIL T E' THIS F DAV1T C6 N U B I I ) PROPOSAL/131D IyIAV DEEM THE VENDOR NON -RESPONSIVE. Collier County will net inrontiomdly award County commms m smy Vendor who knowiugly employs u nmhorized alien workers, constituting a violation e£Ihe employmm�t provision contained in R IJ.S.C. Section 1129 e(e) Section 294A(c) of the ❑nmigrntion and Nationality Act ("INA"). Collim� County may c eider the nnployment by any Vendor of unauthariud aliens a violation oP Section 294A (e) of the INA. Sa>ch Vio<Inrion t>y the 1'eoipient oFthn Employment Provisions conlnincd fn Section 294A (e) of the INA shall ba 6tvunds f r unilateral tuminntion oPtho contract by Collier County. vendor arrests that they are fully compliant with all applicable immigration laws (specifically to the 196G Immigration Act and xuh%equ nt Amendment(s)) that it i tl n e to Sea � res 6448.D95. and agrees to comply with the ptovisiona of [hc Mmnomntlw oP Understanding with E-Verify+anA to provide Proof of a ,nllmem i 'IY>c Empinymant Eligibility Verification>Systnm (E-Verify), opemteA by the Deportmm�t of Homolnnd Security�l> pminership with the Social Security Administration at the time of subn,issim, of the Vendor's ptropoanl/bid. Dong�s.N.,_f-�igeina. l+,a. _ CrnnPflny Name y signnenre ...S�rJIXA. Wilkie viee P �oaiAeut Print Name anA Title Stntc of._yyJicpia. �. County of we"tr[e=, _" The tbre8oing instrnmcm was acknowledged 1>eforc me by means of �physicnl presence or O onitne notarization, this __nrh der of n>�il (month), 2024 (year), by (mm�e of person acknowledging). ,. /� �)%J ( ignnhl �f Notm�y Pablic-Smte of F9eriel )Michigan _ D 'A J W"11 ' _ • �� (Prhd. Type• Or Stamp Conumssroned Nan>c Of Notary Public) pu'sonally ICnow�l OR Produced Identification Parsondlly LEhwvn' DAV ID J. W ILI<IE 'Iype'of ldert(if'cmiain Prodn[zd Nntary PObIIO. MlcnlOan County Ot Washlanaw My Comm. EapVos OW20/2024 CA<J .p..�.,i.1.i._�.nN.l,e,a,ln,a,,,...,a..._.a. Hne„ep.�a.�a ii-YAp®�SI. Home Coaea Repona Peaovema v ® Mo1V'MIkIo v {`9(J C:OiIIE>tlit,{ ACCOIJ IIl My Company Profile Company Information Company Neme Da1nH Buelnaae Aa (DBA1 Namv Ow61ea N. H16HIna.lnc. -- Company lD nry ala 309002 Oaf 1H. 20Y0 mployae MentiBvetlan Number IEINI Unl V uv Enllly Mentlilar (UER 9H160]]06 "' YN9 Numbov tal Number of Emp4ryaea OI]222109 20 to 89 NMCB Cedv v o 2g] Conabuvllan Subcaebr Hawy vna CINI EnHlnea�ing Cena4udlon Edtt Cobtpam` Infannallan Employer Category Employer Catagoey None of tM1eev mleHarlea epPIY mployvr Celegory Company Addresses Hiring Sites pbyalevl Aaamae Numbee of HBve 9980 Tmaly palnta Rtl. 2 Ste. A qnn ArboG M196100 Edl[ HIrIn6 Hltee Melling Aatleeee Etll[Cemperry Adareesu Campo ny Access and MOU My mn.p•.ry la DenRsa..a m: men..mnapm ee una.r.mnamH Vvrlry lla Own Employees ' C�^7 FORM 12 - BIDDERS CHEC[GL[ST IMPORTANT: No bid abnll be emtslderroA wtlesa it is mado mt n tottered Bki forms which ore incln<lod in the Bidding Docnmen[s. 1'leaec rend en rcfully, sign in the spaces htdlmfeA and r=SF31:i! with yow� 6fA. PA]LURE TO PRO V [DL• D THE B[D DOCUMENTS MAY BE GROUNDS TO DEEM VOU NON-RL• SPONSI V EMON- RESPONSIBLE. Bidder should Wtecic off eveh of Ma following items as the necessary notion Is completed: 1 . The Bid has been signed. 2. The Bid prices offered have bean reviewed. 3. The Price nztensionsand totals haves been chacl<ed. 9. 6itl Schedule has been completed and attachetl. 5. AnY required drawings, descriptive literature, etc. have been inclutled. G. Any tlalivery information required is included. 9. The following on-line slnnderd documents have bean reviewed and accepted in HidSyn« Construction bid instructions form b. Consuvciion services ngreement Putzhnu Order LBrma And conditions 8. All of [hc following bid forms Nava been completed nntl signed: Bid Fonn (Form I) b. Contreelw's I<ey Personnel (Porn 2) Mn[erial Manvfactur¢ts (Form 3) tl. List of M )Pr Sobcontrnators (Form 4) Statement of Experience (Form 5) f. Trench Sefa[y Act (Form G) g. 6id Band Fw'm (Form �) M. ❑tsuranca and bonding Requirwnanfs (Form 8) Cmtfllet of'lntwost Affltlavil (Form 9) j. Vendor Declaration Statement (POI'In 10) k. hnmigmtion Law Affidavit Certification (Form I1) MUST be signatl and ntteoheA with yom' submittal, 1. Signed Oranl Provisions end Asawnncea Pncl<aga in hs entirety, if npplicable. ere executed and slfoultl be included with your submiHnl. 9. Copios of required information have bawl ntteched Busbtoss tax R<aeip[ (Collier County Businesses Only) b. Company's B-Verify ProPle page w' mwnorandnm of understanding Certificate of Authority [o Conduct Business ht State of Florida (sunbiz.org) tl. Any requiretl professional licwtsas—valid and current (myFloridalicense.com) (ie: Ocnoral Conb�notorx licwtse, Underground Utility and Exonvation, Builders, Trade Contractors, etc., as applicable, requested nntl/or regadlnAJ e. Ventlor WA Porm 10. If required, the wnovnt of Bid band has bean cheoked, and the Bid bond m� cnshinr's chadc has becn submitted. 1 1. Any eddwrdv hove been aigneA nntl acknowledgamant f rm atteohad and included. 12. The Bid will be uploaded in lima fo be received no later than the speeifletl ooe •i a date vnd time, o[h¢rwise [he Bid ennnot be considered. CIAO Email: Trcvm'.Adniine�-jcollicroountYH•gov C .OL'Y C C1 N.I'1.'C� TcloPkone: C239) 252-894] Prts.urentont Scrvirns Division Addendaun #1 Date: April 2, 2(l24 Prmn: Trevor Adaline, Procurement Strategist To: Intcr'ea[cd 6iddc's SubJ ecU Addendum !4l Snitcitation q2]-8194R— South County Regional Water Treatment Plan[ (SCRWTP) Filter Media Replacwucnt and Blend Tanl< Passivo 12clief The following clarifications/changes are issuetl as an addendum: Word's ctavnlc--tLaax� �h ere deleted; Words atttt�at9 fined am added. Change I. 6aanrance Lnngu age Change • Updated Form S —Insurance and Bonding Requirements —Language See nttnebeA document to this addendum. IIy submission of the bid Vendor accepts wad undeas[ands the insurmxce requirements of these vocnnnuended t}ae rryoo require additional inf xrntatioq please Post a quiation on om� Sid SYne (y�yw__t,;.t1sY:3c,coU_!) bidding piwtform under the solicitation ror this PruJ cct. Please sign Uelmv and return a copy of this Addendum with your subntlttnl fm� the wbove referenced solicits Han. .y Ct t (Signature) D:ato c��bs� ��. �LfGltAS �44 C . (Name lyf Firm) CAO 1 Email: Trevor.AdalineQcolliercountyfl.gov C.'(CY COY1.'N:Cy TeleVhone: (239J 252-8943 Prorw uwmrnL Srzrvicas Division Addendum #2 Date: Aprit 4, 2024 Prom: Trevor Adeline, Procurement Strategist '1'0: Lata'ested Biddaas Subject Addendum #2 Solicitation #23-8194R- Soulb County Regional Weter Treatment Plaut (SCRWTPJ Filter Media Replacement and Blend Tattl<Paesive Relief The following clarifications/cbanges arc issued as an addendum: Words stattel�Hu�eegtt are deleted; Words un terlined am added. Chmage 1. QFLA/Bid Due Unt¢ Extension Th¢ "QBeA D¢adline" has been extatd¢d from ri1pv4-4,�p64 at 5:00 PM EST to April l2. 2024 at 5:00 PM EST. The "Bid End Date" has bean extended fl'om sktv'i "-.-.,-3^�. at 3:00 PM EST to April lA. 2024 ac 3:00 PM EST. If you require additional information, please post a question on our Bid Sync ( b' dsmw cortJ bidding platform under [he solicitation for Nos project. Please sign below and retm�n a copy of thia Addendum with your sobmittnl for the above r¢ferenced solici[aHon. .J c c 19A1 lA7 ��/r/�A Y � Date Entail: Trevor.AdalincQcolliercovmtyfl.gov O 'IBY C_.'ON.T17:y Telephone: (239) 252-8941 Proutremanl Serviros Ulvislon Addendum #3 Date: April S, 2024 Frmn: Trevm� Adeline, Ptrocm'ement Strategist To: Interested Bidders SubJ ect: Addendum #3 Solicitation #23-8194R-South County Regioosl Water Treatment Plant (SCRWTP) Filter Media Replacement and Bleed Tank Passive Relief This Addendum has been issued for tlae Following items identifying clarifications, dtanges, dciclions, and/or adAitions to the scope of work and/or the solicitation documents for the above mfcrcnccd solicitation: Words xtrank-ihrouglx are deleted; Words nude iin¢A are added. Chmtge 1. Site Visit Scheduled at Date/1'1m¢: A site visit has been sche<hded for Tlrytsdity, April 1 I^', 2024, ti�ovt I t:00 AM - 12[DOPM PST of the Following locatimt: 38S I City Gate Drive, Naples, FL 341 l0, Soutla County Water Regional Trea[murt Plant- 2^° Floor Conference Room ^ o[ •This will only be a site visit. The:'e will be no question and answer (QcPCA) period provideA during this time. Change 2. Bid Schedule Revision 23-g}+14R-13id£vitaduin 23-819412 F3'd Schedule I21 Note has bemt revised. "' *Mobilization plus Demobilization shall not exceed 5 percent of the Eonuaeb-W'iea'1"otal HiA Arna_yll£ CAC Change 3. The following claHRcaHons are being made b+ response to gvestiens poste<1 ma the County's biddb+g platform, and nre hereby Incorpm-s[ed into the bid: Rid5ync Quuat[m+ 5 1 J Sheet O00O2 of the plans shows the existing pipe with a center elevation of 11.08. [t also xkows the tap of flare elevation as 13.0. Is this correctT 2.) Sheet O00O2 shows an g" concrete slab at the enclosure area with a callout detail of ^5300^. I don't see this detail in the plans. What are the dimensions of this slab? 3-) Please confirm [hat the F 100,000 owneas xllowence mentioned on the bid form shall not be ' +chaded in our proposal- 4J The schedule of valves states that "mobilization plus demobilization shall rmt exceed 5 pea-ceut of the Contract Price". Does the contract price inclutle the owner's nilowanceT 5.) The bid form calls for "Record Drawings" to be 6 PA. Shouldn't this be 1 L5, or do you want 6 sets of record drawingsT 6J Sheet O00O2 calls ovt flee guerdshaelc enclosure to be 60"x60"x36" Ivowever the details shows it being 24" tall. Which is correct? Answer l.) Please sec revised drawing attached Go this Addendum 3. 2J Please see revised drawing attached to this Addendum 3. 3 J Owner's allowance is not included into [oral bid aanount, but will be pare of the conh'acq 4J Owner's allowance is to not exceed 5 percent of rise Total Bid Amount as revised in bid schedule. The owner's allowance will be viewed as part o£ the contract, but not the total bid ¢mount. SJ The Wren[ is to have the wntractor submit reAiives at the completion of each filter showing any changes. This will allow for 6 partial paYmcnts. 6J Please see aevised drawing ¢torched to this Addendum 3. If you require additional information, please post a question on our Bid Sync (avw,w_bdsyn=.,_) bidding platform under Hae solicitation Eor this paroject- Please sign below m+d tretm�n a copy of thfa Addeodmn with your subn+iKal for [be above refeejrenced solicitation. �� Dae' CAO �Q�L'Y �..OLLHt Email: Trevor.AtlalineQcolliercountyR-gov y Telephone: (239) 252-8941 Pn]ctrronlnnl Serviais Dlvislcxl Addendum #4 Date: APri11G, 2024 From: Trcvar AdRiinc, Procuren]ent Strategist To: Interastetl Bidders Subject: Addendum #4 Solicitation #23-8194R — Soath County Regional Water Trenhnent Plant (SCRWTP) Filler Media Replacwuent and Blend Tmlk Passive Relief The following clarif ications/changes ntro issued as an addendum: Words Mrwel;-tAroty�H are deleta<I; WmHs ylya 15�:1�5-cl_nt'e added. Bid Syne Question 13 Spec Sec 46 61 i 1 -States that the Underdrain Mannfnetm'er shalt he on site during ALL underdrain installatiml activities, can you pteasa confine this is required. Also this says the manufacturer Heads be on site during all testing per Secfiou 3.04.Q but Section 3-03.A.2 states only (2) of eaGl test specified (4) teats specified, ple¢sc clarify which is con'ectT Answer —Question 13 The nwnnfac[nrer is not required to be onsitc, rather, the speciFca[ion states the "filter wvdu�drain system manufacturer's repacsen[atiye." Yes, a qualified representative is specified to be onsite at specific times. However, this h]diyi<hlnl does not need to be directly employed by the mavufachuror so long as the manufacturer acknowledges in writing that the individual proposed has completed any necessary training [hat i, requh'ed too and to certify that the filler components Nava been insMlled c 'ectly and in strict accoadRnce witha the Rlter n]Rnufachu'er's instructions. This is often accomplished With IocRl CQWp]nCnt 1]lanal FaCCU r'CI" I'CpfC4COLa[i VU pai'a011t]CS. In rosponse to Question 13, the £ollowing change has been matle. Change 1. Specliicatimts Change — Seethe 4E C]l 11, Pm'ngrnph 3.03A.2 ra..nat»rvfi<ottst r-s-rnnre+ealtxtivass4 ad}�alnpent-Rml-sxHarv:sea+t-.laoatr2-o€.j<aeh-a]f-HIn.�.HaeiFcvl-xestn-k'urra A nnna jyA i <uu�er's tt ul II i s eel a cifiM e � � f r th •fill I CAO Change 2. Q84A/Sid Due Date L+x[mrsiwt 9'he •`QUA Deatll➢ne" has been extended from Ap3A1-Fs-_02h a[ 5:00 PM EST to Ant11 ] Y, 2024 at 5:00 PM EST. The "IIid >;nd Date" has been extended fl�om o4Ftsi!-_1-R-3024 st 3:00 PM SST [o Amril 25. 2024 at 3:00 PM EST - If you t<quirc additional information, please post a question on our Bid Sync (��y�sr l�ids�«.ni) biddies platform ender the solicitation for [hia Projnct- Please s➢gn below mtd return a copy ol'thls Ad<Imulwn with your aubntittal for the above re//Yerenced s llcita[ion. qq �� VLiL'Y a i /(P GLa�f o.� _ � C tc.n..ar, n�el � Date CAO Email: Trevor.AduliveQcolliercounlyfl.gov ��t7�01✓l.OL3YL'Cy Telephone: (239) 252-8941 Procurenaunl Sc-ivicos Division Add¢ndvm #5 Date: April 18, 2024 From: Trevor Adeline, Procm�naent Strategist To: Interested Bidders Subject: Addendum #5 Solicitation #23-8194R—South County Regional Water Treatment Plant (SCRWTP) Pilter Media Replacement and Blend TaN< Passive Relief The Following clari ficutioru/changes are issued as en addendum: Words Elrxaalc-FhvmaFgb are deleted; Words anulcrli ned_are added- BidSync Question 15 Can you please modify the Supplemental Qualifications to include £ollowing projects: 1) One filter project over $ SOQ000. 2) Allow tilter projects to have ei [leer steel or concrete teNcs. 3) Allow (1) of ttte projects to be a Wastewater Upflow Pilter Project to meet the requirements, as the grouting requirements (o£ the cones) and number of components in each Filter is significantly more complicated Than standard sand end anthracite £hers. 4) Allow (I) of the Projects [o include existing Filters "Including under -drains and/or surfaces washes and/or air scour systems^ In response to Question IS, the £ollowing change has been made provided below Change 1. SPeciticaHona Change —Section 03 I1 00, Paragraph 1.0'l.A A.-NFfnilnHHa-<fLlcfii fl¢aFion-relPaFraa-aaw�w: 4or-F,Etaalrtl�E-'.ouLtllotc.»i-nhnll-�hatitaata-Eofarya4tsticara-oL'':lt�uaar� ry+'�teetl;-ima-Nara-post-lcva{-1-0)�aaot�l,1 meek-E4a�f'oL1aH�»t� wilerita: _t�.4�.,.:.aaaaaas«ca,at.=roe-vataalrof�5}000{a00: GAO Replace with. C. I'r<=iccts comnletcd o�� (i(� 7. - 1 1 I' L d 1 bl �l h r<lers Change 2. Renaove/Upload 23-8194R Supplemental Qaallflcations New Supplemental Qualifications aploadul in resPmtse to Question ql$- 33-:5-1-94R-&'mpplat»enHN-Quali�feations 23-81942 S 1� 1 0 1'f cations R I If you require additional iufonnation, please post a question on our Bid Sync <yyv�,_l�sY��c.�q) bidding platform under the solicitation for tltis project. Please sign below and retm�n a copy of this Addendum with your submittal 1'or the above referenced solicita[ima. Date G/�O '�¢�[]+,�. Email: Trevor.Adaline®colliemountyfl.gov G�OILTCbY L�iON Y11Cy Telepbmte: (239) 252-8941 fmcummonl 8ervir,.os Division Addendwn #6 Date: April 22, 2024 From: Trevor Adaline, Procurement Stralegisf To: Interested Bidders Subject: Addentlum #G Solicitation #23-8194R—South County Regional Water T.�eatment Plant (SCRWTP) Filter Media Replacement and Blend Tank Passive Relief The following clarifications/changes are issued as an addendam: Words aN=na3lc-fl»�augla are deleted; Words au�de�iincd arc addetl. Site Visit Sign -In Sheet Attached — April l 1, 21124 • Sitc Visit Sign -In Sheet attached to [his addendum. If you require additional information, please post a question on our Bid Sync (wavw.bi dsyne cum) bidding platform ender the solicitation For [his project. Please sign below and return a copy oY this Addendum with your submittal Yor the above eeferenced soticf[a[ton. �C:o•.nn..�al� Date t� �. \� _� 2 3 \ 2 \ � \ 2 � � k � � � & k k ) £ �yy � ,� y � ®� §a %\ 2 � � \ _� «\\ � \J. � ��.§:: g�� ^/§ /� b f 2 J m 2 � / �� .\\�\\§ =.�G / R � �� k \� \ j 2G \ \\�`® /�:� \/)�\ \ - . a= � .0 \ \�< � >»:� \� m � y . \G a . \ \�,\ \ y \ © ;7 (# 3 . <� j = \ �?"�«/ �\�`«) - . .z�.e � g 2 2 . . d� �� : a .� � - �©:�� .� � @ \ » / y<�»= ~� ` .. 4 COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: D90484 COLLIER COUNTY TAX COLLECTOR -2000 N. HORSESHOE DRIVE -NAPLES FLORIDA 34104- (239) 252-24ii - V ISIT OUR W EB81TE AT: www.colltertexcolleclor.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2024 ' g� CC OIBPLAY AT PLACE OF BU81NE33 FOR PUBLIC INSPECTION. LOCATION[4485-ENTERPRISE AVE 4 g4 ¢��r � FAILURE TO O09019 CONTRARY TO LOCAL LAWS. 20NED: INOVSTRIAL LIC 1641 � 4`� �*r+- T^�y��Yy3� BUSINESS PHONE: iT4-3t30 V�Y��✓.�g �, „F STATE OR COUNTY LIC H:CG C060168 4� ryrell �� '°a1y DOUGLAS IJ. HIGGINS, INC �"-�S n� ��`" }�, "� HIT3GINS, OANIEL N (�1t/ W Yam="'�r,� � � 44B8 ENTERPRISE AVE �11Y.r �>�' �4AaEA S' ,) NAPLES, FL 341 O4 1-10 EMPLOYEES CLA331FICATION: OS -GENERAL CONTRACTOR. ' yp�\ CI A::SIFICATION COOE: OS'I00'10'I Y '. This accumanUa a bvslnees le%ony. ThR: Is not ce4lncallon mat Ilc� S'�slx 11 does nol permiUhe Ilcenaee to vlalale eny exlsling re9clebry zoning lawn not tlsea Il a%empl the licensee from any other lexea or paimlls Ihef mey hs -THIS TAX IS NON -REFUNDABLE - DATE OT/21/2023 AMOUNT 18.00 RECEIPT 802-24-OOOBBT83 r�0E4 �OmuG�HN�-P/L C _AJ/ O O DOCVMENT# 630666 Entity Names: pOUGLAS N. HIGGINB INC. Current Principal Plac¢ of Business: 3980 TRAMS POINTS RD. SUITE A ANN ARBOR, MI 481OS Currant Melling Address: 3390 TRAMS POINTS RD. SUITE A ANN ARBOR, MI 46t08 US FEI Number: 38�160-1�65 Name and Address of Currant Registered Agent: CF REGISTERED AOEN'r, INC. t00 S. A6HLEY DRIVE SUITE 900 TAMPq, FL 93802 VS FILED Jan 10, 2023 Secretary of States 1B35912223CC Certificate of Status Desired: Yos The above nemetl eafNY aubmlfa fltla xla larnanl /or fbe yurpoas a/ dwnpMg Its mgls tared oJpce oc req/s(¢Iatl eponl. nrbolb, 4,Te S(e fc at Fbrfda SIGNATURE. _ Elealronlc SlgneWre of Raglalared Agent Offlcar/Director D¢tali Tllla ASST. SECRETARY Tllla VP, EXECUTIVE SECRETARY. TREg3URER Namu LUOWIO, TAMARA J Name WILKIE, KELLY A Addraea 44IIS ENTERPRI6E AVENUE gdtlfees 3390 TRAVIB POINTS RO BUITE HA CltnSlela-Zip: NAPI.ES FL 34tB4 Clly-Blare-Zip: ANN ARBOR MI 4Bt00 Tltic PRF_SIDENT Name HIOOIN8, DANIEL N Atltltaea 3390 TRgVl3 POINTS RO. SUITE A Clly-Stela-ZIP: ANN ARBOR MI 48tOH Tllle VICE-PRESIDENT Names OELUCA. MATTHEW T Adtlrcae fi3fi8 MCINTOSH ROAO SUITE E Glty-Stela-Zip: SARASOTA FL 94293 Tltlo VP, SECRETARY Name WILKIE, DAVIDJ gdtlraaa 9390 TRAMS POINTS RD. SUITE A Clly-Stale-Zip: ANN ARBOR MI 48t OH a�cao�, rl aaa�rar lna%.�e,Irrpewarveroe=...rre rnwrcnon ea wvuae ey raaplwror, Flwm+arawuv, aaemarmynvnv pa m SIGNATURE; KELLY WILKIE Vape. VICE-PRESIDENT 01/t 0/2023 Eleclronla SlgnalYra o131gning Glitter/Dire trot Dotali Data (CAO 68mmJaAax�'$1f®v IT�Yapsffig/�V a(vo r- rm eo alto corm V1YImo"t-J 0¢il®un4dBd(c�40®Iro Y47anuvnlie�rc �unad �®o'fCOCtic�$u�la 9qu®star. oo noc ptaa. oetnnar zotel ®ntl 4a <M1® IRS. I_nie�rrell Rnvanlua eeivice� p' Co to tvww./ra.poa/FarmW9 for Inatl'uctlona entl tba latest IMormagon. 1 Nema (u shown on your Incomatex ratvn , ame requlratl an tole Ilne: tlo oat leave t e I blank. Dou las N. I- ins Inc z 9uatnoew rmmo/alero9eraoa emlN name. nalxerent tram about � 9 Chealt apProPaeb pax(erfatlarel lez oleea111ca1bn of gte pelaon whwenemale tmleretl on lMe 1. Cheek only one ei the 4 Exempdom (aOtlea wppl yaonly to u9 tollawlnp eevon bovae, oerter�a engtle¢, not Indvltlu Is: see Ina non. ¢n pwa s): 3. ® COaNaMlan oBOwpamlbn o pannamM1lP oTruelactat. o la'n91oGTwVmoblBr LLCnabrar Fzampt prvae aoao pe a.y) y�'.'Q Q Umlballablllty eompe<ry. Ep[erthe t2[elaeelibaltan(CC romorallan.9a3 corpomllon. P=PMnerehlp)a Neta:Ch¢ekthe appmprlela box In the tlrre above foaMe<ex deae111aNlon et lne elnBte-member owner Do nM Meek ampllon kom FATCA Ieportlnp LLC It1ne LLO le elaeeXletlaaaeingle-mombar LLCthet la tlleraBardeJ 4am the owneauNeca the owner aPtbw LLC la ppaa pi any) LLC e her LLC that Ic not tllemgeraetl from the owrw/ br V.B. toaerel tax purpoaew. ONerwlae. a ab (Ile-membel ihwt la alereg from tbw awnarehwla chachtha epproprleb boxtm tnatu dae¢Itl¢anon of lte ownoc BpaQ �� a Otxer m Ituctloab> 4ga.ueercombm u pdtlmwa Inumbar, ¢lmet, ma wt. or eulte ntl.) See Inalmollana. Roquealer'e name entl eaareea (w1 anep 3390 Travis Pointe Rd. Ste.A a CIN. et entl ZlP ceao Ann Arbor MI a108 Llwt aaem.m aYmbaa•)h awvnanap ' Ya a r Idan[ifica[Icn Number YIN Enter your l'IN I tM1a aoppl'optlata box. The TIN Irlatl moat match the name gl n II a t to avoltl Dotal aeourity nTumber er badmp wxbboltling. F 1 tllVltluala, tlJa la Ban r Ily your eov4al aecurtty number (eSN). Howevaq (oroa v aeltlent Allen, sale proprletoL of dlaregartletl eMlty, aee the Instmctlona for Part h latal'. F�rmlhet _ 1� e......ee....a rv_......r..... _..__,..... ...._... ...- ... _____.. T/N, later. No a: If the acmunt Ia In m a than one n a rite Inatnactlana tot Ilna 1 Alto am Whaf Nvma and Number Ta O/Vo rho Requester for gultlelln aeon whose numbarta enter- Untler panflUlaB p( perjury. 1 aetlliy tllaY 1 TM1e number a1ww1 on thN form le my correot laxp yar Itlanllfloatlon number (or I am waltln0 for a mm�ber to ba Innued to ma): and 2. I am no<¢ubjeot to�Uaclmp wllhhpk11n0 becau¢¢: (a) I a mpt Ool bvol<up wNM1IwItlInO. or (b) I Ira n i been nollllatl by tM1e IM mvl Ra n In 3ervlca (IRS)1Fat I a eublaot to bavl<up wlthholuing ea a result at a }allure to report all Imams[ Or aNklonas, of (0) the IRS ba nOYllletl ma that I a o bn0er aubjeat to bvpkup wlthhoidln0: end 3. 1 am a U.S. cttlzan or Mber U.B. person (tlotptstl balow)p entl 9. TM1e FATCA cotle(s) enteretl on t61a form (If any) Intllvating that 1 am azampt Lom FATCq raparling le correvt. re»uo-sao.., n.aa.....er..ne. v..0 r..um mm�a our Item 2 abeva Ir you have been nO811etl by the IR91hat yoY are currently aYbjeot to baolmp w116holtling baoeuae �evo�o-w0 Ovas41-aac4d®uns V 8ectlon references are to Lba IMemal Revenue Coda unlace otherwlea notes. Future tlavalopmonta. For the IMesl Infortnatlon vbout aevolopmants related to FOrm W-9 and Its Inatructbns, such vn leglslatlon enacted after they were publlaM1atl, go to www.Ha.9v%FomrWg. Petlp030 Off F®YCY9 An Indlvltlual or entity (Form W-9 raqusstep wM10 la raganratl to file an IMormntlart roturn WI[N tba IRS Mus[ Obtain yarn cartaot leXpayer IdaMlllcatlon number (i1N) whbb may be your avvlal ¢aourXy number tsBNpaYe tldentlf carton nurobart(ATIN). or employer Ide�ntflcatlOn ntnnbel' a8mo)ant reportable onl a�infotrtnetlonuretubm. Examplw�a loTtlnformatlon bm ralYme InOlutla, buLeia oat limited to. tna following. • Fortn t09g-MT pMaRat earned ol'peld) • Form 10B9-DIV (dlVltlantla, Irtclutlln0 those from stooks or mutual tunas) • Form 1BBB-M13C Ivarlom types of Incmne, prizea, nwercls, or Bross ProaamtleJ ttonaaotlona by btokk.a' mYlusl luntl sales end wrtaB'I other Form 1BBB-8 (pro each from rwal sal eta transaollona) Form tOBB-K gnemM1an[ aard end lM1ird party network tmnavotlons) e Form 1896 (home mortga9a Interest), 109E-C- (student loan Intareat), '1098-T NUINen) e Fwm 1889-C (oanoelod tlab[) • Form 18B9-A (acqulsltlon or abandonment oP aaoured property) Vas Fonn W�B ono' Ifoyou are a V.S. parson (lnalvdlnB a realaaM titan). to provlae yo c xot TlN. baTaub/ e[t0 banhuP wlrhho! �'oSae What la backYp wltbM1 Itlln9 Hb[ Ia(a: City oT Naploa 22-823 SoY<M1 LOka DI'Na Utlllly Impro Ventvnfs -IT9 19 CAO 1 Foote �- Fiarida Deportment of Tronsportotion 6Qs suwannae sx¢¢t )AaeD w. PekDDe. P.e. Rao ERrvp95 Talla bass¢¢, FL 32399-0a50 sec RerARr May 15. 2029 QVAL2TY ENTERPRSEES VSA. INC. 3499 SREA RWATER STREET NAPLE9. FLORS DA 39117 A8. CSATZS2 GTS OF QOTL2 YS GTSON Tha Dapa rtmant o£ Tra naportation has gvalif icd your Company £or the typo Of work intlioatatl below. BDOT APYROVSD NOIi1C CLA99E9: DEBRSS REMOVAL (EMERGENCY). DRAINAGE. EXI9 LE PAVING. GRADING, GRASEING. SEEDING AND 90OD2NG. ROT PLANT -MIXED BITVM. COVRS ESL INTERME DS ATE BRIDGES. NSNOR BRSDGE 3. PORTLAND CEMENT CONCRETE ROADWAY PAVING. R6R MSNOR BRI VGE3. 3IDEWAL K. CVRB 5 GVTTER. DRSVEWAYS. UNDERGROUND VTILITSES (WATER. SEWER 6 FORCE MAIN) AND PVMP STATSON. V nlsss notifiaa otherwise. tnia cerc3ficate oP QualiEicati on wi li expire 6/30/2025. o rdanca wicb Section 337.1919). Fiori da 9tatutea. c)aa ngaa to Abili Gy FactOr o ximum CapaeiCy Ra eing will not to ka of [a ct until after the axpi ra Lion o[ the current ca rt=i Picate Of prequalification (iF applicable). In a ordanca with SaCtion 33').19 (11. Florida Statu to n. application [or qual if icaCion t ba £ilad within 19) months of the ending oats of the applicant• a auaitad annual Financial s tatementa. If the COmpan y'a m ximum capacity hHa bCen i ad. 1t may bC a a¢tl by logging into th¢ Contractor Praquall Pl cation Application Sya tam via the follow ng link: HTT89://�doCwpl.dot.vCata.tl.vv/ConlraOtoi'8xaQuallEioatiOn ® logged in. alact V1®w" [or the m sG r aptly approved application. and than click the •'Manage'• antl "Application Summa ry••Otaba�c The company may apply Eor a R¢vlsad Cartifica to oP Qua11£ication at any time prior to the a xpiration data o[ this cartif icaea a ortling to Section 19-22.0091(3). Floritla Adminiatra ti va Coda (F.A.C.). by a sing the m aG r ntly approved application a shown above and cho0ai ng "Vpdate^ ins read aOf "View.•' I[ c rtificatiOn atltlitional classes oP work is daairad. documentation is naedad to show thac the c mpany bas parPormatl ouch work. A11 prequall[ied coniractoea a required by Sactlon 19-22_006(3). F.A.C., to c rti £y their rk nde rway monthly in orde ra t0 ad9ust m ximum bidding capacity ailabla bldtling capacity. You can find the link CO this report at the wabaita sl+ownoabova. Si eraly. q Samos E. Taylor!/�I/I. Pra9ualiPlcatlon Supervisor contracts Aaministraclon oPPica sill Improve Safety, Enhance Mobility, Inspire Innovation www fdot¢ov cno EXHIBIT A 3- CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name George Johnston Michael Lobello Personnel Cat¢cory Construction Superint¢ndent Project Manager t3 Conshuetlon SeMces A9raemenC [2024_vect] 1 CAO EXHIBIT B-'1 : PUBLIC PAYMENT BOND (Fo//owino Thts Paos) is Con¢Vuc�lon Sarvlca¢ AgreemanC [2024_vect] / ��nU �,AL EXHIBIT B — �: PUBLIC PAYMENT BOND Band No. 356CSAO4431 Contract No. 23-e 194R KNOW ALL MEN BY THESE PRESENTS: That Douglas N. as PNncipal/Contractor, and Hartford Accident and Inden\n located at One Hartford Plaza, Hartford, CT O6115 as Surety, (Business Address) are held and firmly bound to Collier County Board oT County Commissioners es Oblige In the sum of Two Million One Hundred Seventy -Five Thousand Four Hundred Thirty Dollats ($ 2,175,430.000 t, this includes allowance for the payment whereof wa bind ourselves, our heirs, executors, personal representatives, successors, and assigns, Jolnlly and severally. WHEREAS, Princ� al has entered info a contact dated as of the _day of 20_ Su Pn c.,amr ucgmnaa wa,�. T«mn. , t Plana (SC:ItN'iP with OUlifle for Z� I(arojec[) in accordance with drawings and stre�ifYc�dona, 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(t ), Florida Statutes, eupplyin9 Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work proWdad for in the contract, then this bond Is void; otherwise, IL remains in full force. Any changes In or under the Contract and compliance or noncompliance with any fol'mallUes connected with the Contrect or the changes tlo not affect sureties' obllgakon under this Band. Tha provisions of [his bond era subject to the time Ilmttatlons of Saclion 255A592. In n0 event will the Surely be liable in the aggregate to claimants for more ihfln the panel sum of this Payment Bond, reganlless of Iha number of suits that may be fllatl by dalmanta. IN WITNESS WHEREOF, the shove parties have executed this inslrumanl this 9th day of 7ulY 20?4, the Hama of undersigned representallva, pursuant to authority of its governing body. Izoa.e_ao..+l Signatl, s¢a1sU enU dollvomU in tba presence eC PRINCIPAL/CONTRACTOR: llO UGLAS N. 1-II(:GINS, INC:. KP i�Ll.(, c(- . . Stg nature Kelly A. WI e. Vicc-Presidcm Name and Title STATE OF Plorids COUNTY OF Cnll lee The foregoing InslrUmant was acknowledged before me by meena f X physical prreeenca or online nolarizagon, this 9LL] tlay of lUly 202•I by Kel h• A W'fl as _��cc-P resi tent of �]ou¢ as Nr—Hilrg�rra `I c- n f•nn carporallan, on bahalr of the corporeilon. Fla/She is personally known to ma OR has protucatl er- a itlontigcatlon end ditl (Uit not) take an oath. ry MY Commission ExNlrea: 12/02/2D25-_�Cbf"V1 Cr L �u lL __ (31gnaWro of Notary) A n=_-- I'amarn 1. Luchvie Il ,pC:fi�=rlre}t., TAMARAJD WDWIO (Laglbly PtlnlB[p Ii _ MY COMMIaalON b11YN W4]O NOfary PUb11q S1alB OF LIOr[ta £`. ,A• E%PIREa: Decomloer2, 2D2G COInIn1651011 N0.: _f-tHaRvnoa ..,{; k�' aenJatl T%m NaLry PULYOUMervnila,e — Aulhorfaed Signature � � ' (Prhrtetl Namo) (6uslneee Adtlrass) STATE OF OOaINTY OY l'he fpragoing Instrument was aclmowletlged before ma by means of _physical presonca or online nolarizalion, Ihis _tlay of 20_ y as of n corporation, en behalf of lho carporoUon. Ho/She Is personaly known noq lal[a an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) (Legibly Printad) Notary Public, 61a1a of Commlasion No.: OH POWER OF A]'TORNEYlN FACT enU tlid (tlitl laOzn_wnq Hartfortl Accitlant end Intlemnity Company As Attorney In Fact S n lure Mach Power of Atto nay Therese J Folai� Attar e�f (Printed Nama) On.+ Hnnf....i Olean Hartfortl. CT 0ata3 (Business Atltlrass) STATE OF Michigan COVNTY OF��asT+tanaw The Oforegoing Instrument was acknowletlgetl before me — Atlom notar�ec[on, this 8th tlaY of July 2024 as aY- of HaMoi to mo ofx Itas protlucetl rersonan renown identification not) take an oath. _ My Coinmisaion Explrea: 05/20/2030 (S alum o lary) (AFFIX OFFICIAL SEAL) Name: i%G4V1ld-i-W)�klc. presence or pAVlp J WILKIE NOTARY PUBLIC -STATE OF MICHIOAN COUNTY OF WASHTENAW My Commission Expires May 20. 2030 Isoaw vernt ExHIBIT B-2: PUBLIC PERFORMANCE BOND (Fo//owlno Th/s Paoe) is co�av�ono� so.�nus ngroo�.cm: lew.n_wr. � i EXHIBIT B — 2: PUBLIC PERFORMANCE BOND Bond No. 35BCSA0493t Contract No. 23-8194R KNOW ALL MEN BY THESE PRESENTS: That ✓ougtas tv. rxtggms, tnc. as Principal/Contraetoq and Hartford Accident and Indemnify Company es Surety, located at One Hartford Plaza Hartford, CT 06115 (Business Address) are held antl firmly bound to Collier County Board of County Commissioners as Oblige In the sum or Two Million One Hundred 8evanty-Five Thousand Lour Hundred 1'hfrty Dollars ($ 2.175.430.00 t, In accordance with tlrawings end specifications, which contract Ia Incorporatetl by referent¢ antl matle a part hereof, antl is retertetl to hereto as the Contract. THE CONDITION OF THIS BOND is that if Principal: t. Performs lha Contract et the lknes antl in the mannsr prescribed in the Contract; antl 2. Pays Obllgae any and all losses, damages, costs, and attorneys' teas that Ob11Be¢ sustains because of any default by Principal under the ConVecl, inclutling, but not limited to, all delay damages, whether liquidated or actual, incurred by Obltgea; and 3. Performs the guarantee of all work and materials furnished under the Contract for the tuna specified Lt the Contract, then Ihis bond la void; otharwiae, it remains in full force. Any changes in or under the Contract and compliance or noncompliance wl[h any formalltlea connactatl with the Contract or the changes do not affect SumOes obligation under this Bontl. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alteratlona or atltlitions to the terms of the Contract or other work to be performetl harauntlsq or the specifications referretl to therein shall in anywise aHacl its obligations under this bond, end h tloea hereby waive notice of any such chengas, extensions of tltne, altoretions or adtlitions [o the lanna of (ha Contrad or to work or to fha spoclflaatlons. This Instrument shall ba construed in aN respects as a common law bond. It Is expressly understood that the time provislona and statute of Ilmita[ions under Section 255.05. Floritla Slatutsa, shall not apply fo this bond. In no avant will iha Surety be liable In the aggregate to Obligee for morn than the penal sum of this Performance Bontl ragartllass of the number of suits that may be IileU by Obliges. IN WITNESS WHEREOF, the above parties have executed this Instrument this 9th day of July 20 24 ,the name of each party being aHixetl, antl Ihasa presents tluly signed by its untlersl9nstl representative, pursuant to authority of Its goyarning hotly. laps+_va.al Sig nad, aaalotl anU doltyorad In [he preaence of: PRl CPAL/CONTRACTO�Rf��D�OVGLAS N. H(GGINS,INC. 3ignaturo Kelly A. Wgkle Yi-Presi<leni Natne and Tllle 8'i""ATE OF Florida COUNTY OF coil: .� The farogoing InsU'umenl was avlenowietlyyetl before ma tYy meet of a BBbysiral prosanca or onlLta r�oiartzaifon lhis 9lb tlay of A`Iv 20}�_ by Katy A�Oillde as � ice-Pres[dent of Douglas N�alns, lne a is \ ¢2n colporatlon, on behalf of the corparalion, elShs is pel'sonally known to ma OR has produced PersvnallY kmnyn ideniiflcation and dk( (ditl nop lake an oath. �fJ My Conunissivn Expb'es: 12/02/2025 /DA'1�1//-1 _ �,(. y� (SlOnahtra of Nola A -- a�rM 'Tamara i 1-udwi� _' M .� RAJ LUOIYIa (LagIbIY P'iniad) MYCOMMI3310N tt HFl fWdYB No12 i93 G%piRE9: pecemWr3, 2026 rY PrtbIlO, Slelo of A'lOrida p. OontlUO TLN NaIery VUW(e WMo.we11MY C011lrnl6alOp NO.: HFlrfi9q 9q SL{Ii ETY] ar Or CC ap OI\ Innlly Company \ ) 9n0 Hanfe,rr P a /Tuthodzad 6lgnature// , � Hartford, CT 08'183 _` ilaraae J FOloy, Allo fitay- -Fact (Pr)ntetl N2me) (Business Atltlrasa) STATP_ OF MlcM1lgan COVNTY 01�f+aTfena_w The foregoing InaWmen[ was acimowiatlgetl bsfora me by means of 1< physical presonva or _ onlino nolerizalion. thla gti\ day of Juty 2024 IYy Tharas�-FOlav as Altomey-in-Fart of H M A IU I v.onnec cu corporettpn, on behalf the corporallon. Fle/Sho la psona 11 y Itnown to ma OR has produced Persanall r K � Idanuficadon entl tlitl (ditl not) lake an oalll. � p � /J My Commlasion F�plrea: 08/20/20'29 Sa�a�C_ �• �/[XX-�-�� (AFFIX Of-FICIAL SEAL) DAVID JDAVID J WILKIE� NOTARV PUBLIC -STATE OF MICHIGAN COUNTI' OF WASHTENAW Ilaza ...cn My Commission E%pires Mey 20, 2030 mzane mywriea/c/a/ma :o: THE HARTFORO POWER OF ATTORNEY n�ncticYa106,66 HarHOo:4C n....,1.,.._ ,..„ net/ SSB-268JOS8 or /as: 690-]6)-5636 KNOW ALL PHR90NH HY THESE PRESENTS THAT: Agency Name: k1YLAN1' OAOVP SNC/TROY 1 X I MBR(Oftl FIfB InsYrOnCB Company, v cnrporaliwa duly orpvnlveJ undo[ the Inw'x of lhv Sum ofCnmwwicw ® HaKiortl Cvuually In a Company. v eurpom um dnly orgm veal wader the Imcx ofthc Smw of Indienn Q Hartfortl ACeltlant antl Intlemnity Com Pant. corynmtivn dnly mgau gyred under Ure Iv\as nrlhc Slott nfCannecdew Q Hartfortl UnderwNta[a In a Company. u nrpvr mn duly urganlz.d ader IOe lows uhhe Stole of C'onnccOem Q Twin Clty FVB InBVranea Company, u eorpnmalnn tluyumenuized an Jer Uae lu\\a of dw Smle of hrdiama HarHord Ina a Company of Illinois cwrymminn duly orywUva�d under tlm In\vs vfVm Slute ol'lllhw O Hartfortl Inawanea Company Oi [M10 Mltlwoat, n cnmaralbn duly urgnnimd under llw Imrs Oflhc Srnla of Indivna Q Hartfortl InaYfanCB Compapy Of tM1e HOV[OBeaL a eorpmation Uuly orgvnizcd unUCr the IuwY ul'gae Stale of FIONUa up to M¢amounf 6f Vnl3mitGfl - � - Susan S. Hurd VicKi S. DuncBn. Thoreaa J. Poley. Nicholas R Hy1anG. Jcnni£ar A. Ja aoaz. Jamie Laurcnc0116. Sazaya 6. Nair. Kxlatie A. Pudvan. JUHy K. Wileon. KalM1y 3 ZeCK Of TROY. Michig8n lhBb lfu0 antl lawrul AllofnBy(31-In-Fact, eaCM1 In mBlr sapefala cepacil9 if more (non MB is mad aboV6, to sign Ile name sa auroly(Ies) only as d¢Ilnaatatl above by ®, tl to axecule, ieal antl cknwVletlgO any ntl all bOvtls. untletlekinga, COntraGa and other written inatrumen[s In lho nature [M1ereoL On b¢M1alf of lha Gampenlea In 1M191r business of guaran[aeing Ih¢ fltlellly or persona, guefanla0ing the pertOrmano0 Or conlfacla antl executing or guerenteeing bonds antl undenakings requgatl or pefmilt¢tl In any actions or prow¢tlinga allowed by law. In Wltnass WharaoT, anq es BUthatlzad by a RB601Utlon o1 Irle Boartl of Olfeclors f the Companlaa on Mey 23. 2g,6 the Companies h9va caused ih¢sa pr¢e0nle l0 be Sl9natl by lu Asaiatant VICO Pleslqent antl ile aorpofat¢ seals to ba hereto Bffl%stl. duly atleatetl by Ili AmISI9n1 Secretary. FurNar. pursuant l0 Resolabon of lha HOaftl W Dffeclors of hte Compani6s. the Companlaa hBraby Unambiguously affirm ihal they aro erW will ba bOUnq by arty mechanlcelly applied algneturea applietl le this Power of Allomiy�. •� F'.�!J � r ':•"/F i4�.�/!J �'.�� r�i�i� -�\.oar= �,1 Shelby VJlgglna, gsslatent Secretary Ja011e L LvaPlarcO. Asatalant Vlea PrOsidenl STATE OF FLOAIOA ss. Leka Mary COVNTV OF SEMINOLE On Ibis 2011a tlay o(May, 2021, before ma personally camo Javlle LaPurre. 16 me known. whe being by ma tluly awom. UIU UBpoae antl asµ: Ihel B(i�M1a Itl¢e In $amin010 Courtly. Slaty of Flvritlq 1h01 (S)he la Ina Aeslnlanl VInO Pre81tlan1 of IM1B Companies, thB COryOratlOne tloactlbBU �n anq letup cul¢d Iba above tnabumenl: Ihvt (s)tro knows lh0 seals or lha selU wrponlfona: lhBl the seele algxad I9 IM1e aaltl Inabumenl re such corOoralo seals: th9t they were i0 9Mxad by aulbafhy oryhn BOaftl9 Of OlreciOn of 9ak1 sOrpor911an9 antl IFaI (5)he 9igp0tl his/ner name thereto by 11k6 aUIM1OfIIy. .,> tnmaa,xl�..,R xzzfx9 6vpim loot±0. ±n}3 1. the undaralgnetl, Asalatenl Vlc¢ PraSitlenl of the Companies. DO HEREBY CERTIFY that iM1e ebov0 antl fofBgOlpg la a lme end correct copy of Iha Power of Atlomey executetl by salq Companlaa. whl<h Is 6t111 in full lotto afrBCliVe ea of Flu v CA D096 Slgnetl antl sealeU In Laka Mary. FloNga_ �, w•r M I .� - �. Kenn D. o9zda. Ai9lsmnl vice Preamem EXHIBIT B-3: INSURANCE REQUIREMENTS /Fo/!ow/na Thls Paoa) �a ConaVucHon Sarvlcas AOreamenl: I2024_ver.lj C:/�fJ Coliter Comt[y Ploridn Insm-ance and Bmtding Requtrements lnsaunnen/BonA Type Requh'eA Litnita 1. ®Worker's Con+pw+smion ffiauuory Limits of Florida Stahnea, Chaptw' 440 anA ell Pedcral Government Statutory Limits vntl Requtrwnen[s Evidcvice of Workers` Compaavafion cevwage ors Cerfifcate of Exanption iasved by the Slate of Plorida is >roquired. Entities that m'c formed ae Soln ProPriemrships shall not be rcquireA [o Provitle n pa'ootoC exemption. An ¢I>plicvtien for exemption can be obtained online a[ 11yge,_U_+ypa flAfs n>nt/bocoxcmiJ! 2. ®EmploycPs Liability $_1,00g000_ atnSle limit per occunronca 3. ®Cmnmcrcial Genwnl BOAiIy Injury vnd ProPerry Damage Liability (Occurrence Form) patterned after the $_1.000<000xingle limit Ver ocmu'troncq $2,000,000 aggregate for Bodily h+jury cunron[ i5O f rm Liability and Property Damage Liability. The Geuntal Aggregnm Lintit Shall bn endw'setl Io epV1Y Per Project. This shall >Gudo Premises antl Opwa<iona; Independent Contmo[ots; Po'oducts end Cmnplated Opwntions anA Confrechml Liability. 4. ®Ldenmificmion To <he max beam extent permitted by Flm�ida laaq [hc CmttractorNw+dor shall def n<I, in<lamnify and held hnnnleas Collier Ceunry, ire officers and cmyloyees fl�om any and all liabilities, damages, losses and costs, including, but no[ limited to, +vole mfornrys' Yeas and pa+mlegals` Ices, to rive extent caused by tha negtigw+ce, etltleasness, nr intcntionnlly wrongful conduct of the Contractor/ Vendor or anyono mployed or uli lizetl by the Cond�ac[orNentlor in the performance of this Agreemrnf. 5. ®Aummobile Liability $},OOQO00_ Pad+ Occun'ence; Bodily I jury 8r. Property Dnmege Owned/Non-owned/Hirad; Aufmnobile Ii+cluded 6. � Other mswance ve (] notes: O C�",'/ O. ®Did bond Shall be submived with proyosal r'essponse in the loon of certified funds, cashievs' elaecic or an irtevoceble letter of credit, a cash bond yosted with the Counry Clerk, or proposal bond is eganl m 3% of the coal ProVosnl. All checks shall be nmdc payable to the Coll er Counry Board of County Cwnmission¢ra on a bank or trust myany loenttd in [Iva Sm[e of Pioridn au<I insured by the Federal Deposit Insvtvncc Covporfltion, 8. ®Parf rmm+cc and For V jeers in excess of $200,000, bonds shall be aubuvil[ed with [he cxecated Payn+an[ Bonds ontrnd by Panpnsera receiving mva'd, and written for 100% of the Contract award my lbc cost home by [Iva Proposar rc ing a md. The Pevd'onnm+ce end Paymanl Honda shall be underwa'i[ten by a merry nu[ho iud to do business in tlae S[¢[e of Florida and otherwise acceptebla taaOwnm'; Vrovided, however, the surety shall be rntetl a "A--" or halter na to genm'el Volicy holders rating antl Class V or higher rating as to financial size catcgary end [hn ¢mount rcyuircd shall oat esxceed 3 % of Iha reym'led policy holders" surplus, all as +'eporxd in the most wrrent Bes[ Kcy Rating Ovide, published by A.M. Bast Comp¢ny, Inc. of OS Fadton Sn'eeq Now York, Necv York 10038. 9. ® Vendor shall ensure thN all svbconh'aciors comely with the same lusnraxe asgv i+<mm�ls that ha is rsquivsd to set "fbe same Vender shall provides County with ed'[ifica<es oP hvsnranre meeting the rcgvired inset ancc Vroviaiona. IO. ® Collier County nmat be named as "ADDITIONAL PNSURRD" ov the Insurance CcrtfOaate for Conunorcinl General Liability whore asgnircd. Thie insurance thrall be Primmy anA non-contributory with rssyect to any arbor intaincd by, w- available for Me bmeGl of, [he A<Iditionnl insured rand the Vendol"s Volicy slmll be end aced accordingly. 11. ® Tha Cer[ifiwta Holder shall be named as Collier County Board of County Couvuissioners, OR, Hoard of County Commissioners in Collier County, OR Co11im' Counry Oovennnenq OR Collier Cow+ty. Tho Certiticafea of Insurance mast state the Contmc[ Nun+bar, or R'gjeca Number, or apecifia Project deacriVtion, err most rend: Por any antl ell work performed on behalf of Collin' Counry. l2. ® Ov all em'Ullca[as, [he CerHticate Holder must read: Collier County Hoard of Commiasioneaa, 3293 "Fnmfmni Trail P.flst, Naples, FL 34112 13. ® Thirty (30j Drays Cnncellntlm+Notlee regnirsd. 14. Collier County shall pmcwa and maintain Builders Riak btsurance on all construction projects where i[ is deemed ary. Such c rn8e xhnll be entlo+aed [o c r the Imercsrs of Collier Counry as well ns [hc Contractor. Premhmos shall be billed [o the Vvroject end the Contractor shall not inclnda Huildas Risk premiums in its project proposal or• project billings. All questions regarding BuildesPs Riak h+surnnce will be addraased by the Collier County Risk Mavagrnnen[ Division. GG — 9/28@023 Vm+am^• Dasm'mwe Acceptance 6y submission oP the bid Vendor accepts rand vnamat¢ntls Ilve inawnnce requirements of [bass sVaciflrn[ions, agrees to intain theca cova'agea tlrtough O+e duration of the agreeman[ and/or wmk Verformnnce Pesriod, and lhnt [h¢ eyidanee of insurability may be +squired within rive (3) days of notification of recannnanded award of this solicitation. EXHIBIT C RELEASE AND AFFIDAVIT FORM /T l t F F IT / ThT P 1 tv Constrvcllon Sarvlcas AgraamanC [2g24_varA] CAU EXHIBIT C: RELEA 3E ANO AFFIDAVIT FORM COUNTY OF( ) STATE OF( ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ [o be received. ("Contractor") releases and waives for Itself and its subcontractors, material -men, successors and assigns, all claims demantla, tlamages, costs and expenses, whether in contract or in tort, against the Board of County Commission¢rs of Collier County, Florida, relafin9 in any way to the pertormanc¢ of the Agreement between Contractor and Owner, dated 20 for the padod from to .This partial waiver end release Is contlltlonetl upon payment of the consideration described above. It Is not effective until said payment is received in paid funds. (2) Contractor certifies for Itself and its aubcontraptors, material -men, successors and assigns, that all charges for labor, materials, supplies, lantls, licenses and other expanses for which Owner might be sued or for which a Ilan or a tlemand against any payment bond might ba flletl, shall be fully satiafletl and paltl upon Owner's payment to Contractor. (3) Contractor agrees to Indemnify, defend and save harmless Owner from all demands or suits, actions, claims of hens or other charges flletl or asserted against the Owner arising out of the performance by Contractor of the Work coveretl by this R¢lease and Affidavit. (4) This Releas¢ and Affitlavit is 91v¢n in connection with Contractor's [monthly/final] Applicatien for Payment No Contractor's Signature Names antl Title STATE OF COUNTY OF The foregoing Instrument was acknowledged before me 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 m¢ OR has producetl IdenHficatlon and did (did not) Sake an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of Commission No.: CMJ Izoza_ver.tl EXHIBIT D-1 CONTRACTOR APPLICATION FOR PAYMENT FORM 1e Cons[nacgon Servlcas Agte¢manC [2g24_vaclL CAO\J ExHlalr D-� FORM OF CONTRACT APPLICATION FOR PAYMENT Comer Count Board of Count Comm/ss/onars the OWNER or Co/!/er Counf Water -Hewer Owner's Project Bltl No. Mena ar's Name: Pro act No. Count s Division Name Purohase Ortler No. Submitted by Contractor Application Date: Ra rasentativa: Name Contractor's Name & Payment Application No. Atltlress: ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The untlereignetl CONTRACTOR eertifles that: ('I) ell previous progress payments racaivetl from OWNER on account of Work tlone untler the Contract referretl to above have been applied to tlischarge in full all obligations of CONTRACTOR ineurretl in connection with Work covered by prior Applications for Payment numbered 'I through _inclusive; (2) title to all materials antl equipment incorporafetl In said Work or otherwise liatatl in or coveretl by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security Interests antl encumbrances (except such as wveretl by Bond acceptable to OWNER); (3) all amounts have been pall for work which previous payments were Isauetl antl receivatl from the OWNER antl that current payment Ys now due: and (4) CONTRACTOR has only inclutletl amounts In this Application for Payment properly due antl owing antl CONTRACTOR has not Included within the above referenced amount any claims for unauthoriietl or changed Work [het has not been properly approved by Owner in writing and in advents of such Work. Contractor's Names contractors 51 nature: Date: Types Title: Sha// 6e signed by an aathoriEad re resantative of the Contractor. Pa ment to fha CONTRACTOR for the ebow AMOUNT DUE THIS APPLICATION la recommended Deal n Professional's Names: SI nature: Data: Pa ment to the CONTRACTOR for the above AMOUNT DUE TH18 APPLICATION b rocommentletl b Owners Pro act Manes er Names: SI nature: Data: [2oi+ varnl �L=AO EXHIBIT D-2 SCHEDULE OF VALUES (T / f F F 1/ Th7 P l ie co�aer��uon sa�n�as i+oreoma�c Izoz+_.�aciy_ ciao EXHIBIT �-3 STORED MATERIALS (T / t F F // Th" P ) zo CBnelmBllon SBNIBBB HB�eemaM: Izoz9_VBl.i] C.AO m 5 Z O � W o 'o f-- s ¢ w a a.e a .q u� c '—" '� a w � y o� �a �_ �o �� Y V_ O N� 6 2 m �a a S � w 0 a � g U N O a 0 a (':,�: ,� EXHIBIT �-4 CASH FLOW PROJECTION (T p/ t F F // / ThJ P 1 z� COOSVYCUan SBNlces A9�eamenl [z024_VaM1t}� (:: Z G 0 �_ 3 0 x aa! v x x 3 6 v' m c - E E 5 t _ G 8 G 6 EXHIBIT E-1: CHANGE ORDER (Tama/afa Form Fo//owlna Thls Paoel z� ConslmUiOn SBrvIC08 A9laamanL [2024_VBci]_ Ci:At, CoiCier Coxiaty Procurement Services Changes Order Form Contract# CO# PO# Project #: Project Names: Contractor/Consultant Names: Salec2 Ona: 0 ContraM Motliflcation (Conatructlon or Project Specific) !] Work Ortlar Motliflca[lon Project Manager Names: Division Names: Orl9inal Contract/Vlfork Ober Amount Original BCC Approval Date; Agenda Item # Currant BCC Approved Amount teat BCC Approval Data; Agantle Item # Curtent Contreet/Work Order Amount SAP Contract Expiration Data (MASTER) Dollar Amount of this Chan9a o.00% Total %Change from Original Amount Revised Contract/yllork Order Total so.00 o.00% % Chan9a from Current BCC Approved Amount Total Cumulaflva Chan9as So.po o.00% % Change from Current Amount Notice to Proceed Data # of Da Adtlatl yes # oi(Daya TP � Revisatl Final Data <incluNas this chan9a) Coimiplatloln Data � APProived Date Current subatantlal Com lotion Data � Of aPPlicabla) P � � Provide responses aflar aacM1 question in box below (Responses should be brief and a eaiflc). Attach etltlitional Information and/or documantatlon from the Design Professional and/or Contractor, if needed, wRM1 your submisalon of 1M1I5 Change Order and complete mmary on next page. Chock all that apply to SM1Ia Changge Order request: l7 Atltl Times; O Add funtla; 0 flea of Allowenee; Q Modify/Delete axlating Task(s); � Atltl new Taak(s); O Reallocate funds; � Other (must ba explained in detail below) 1.) Oetali of change/s to ba made through this Changes Order. 2.) If this Change Order is currently under a Stop Work, please identify the data issued 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 CF[an0a Ortlar Form (2024_var.t) <°'�'/ GoYiier Coxnty Procurement Services Change Order Form Contract# CO# PO# ProJact#: Project Nama: Contractor/Consultant Name: Change Order/Amendment Summary (If eddltlonal spaces needed. attacead a saperate Summary page to IM1is amendment request) COST TIME CO# AMO# Dancriptlon Addl[Iva Daducliva Days Tolal New Juatlaca<lon rat f-1 Added Tima. O Check M1ere If addltbnel summary page/a era eltecM1ad b [his CM1anga Order Page 2 of 4 Chenga Order Form (2a23_veot) CAO co�`e.- coH,-,ty Procurement Services Change Order Form Contract# CO# PO# Project #: P rojac[ Name: Contractor/Consultant Name: Acc�pt�^ca of th/s Change Order shah conshmre a moomcanon ro conrracv worn .+r.+er ,.. ---- - •- -- �� -- subJect to all the same farms and condlt/ons as contained In the contract / wont order Ind/ca[ed above, as fu!/y as /f !ha same ware stafetl /n this acceptance. Tha adfuatment, if any, to the Contract she// constttute a fu/f and fine/ self/arrant of any and s// c/alms of the Contractor/ Vendor /Consu/tent / DeslH^ Prof¢salons/ arlaing out of or related to the change set forth herein, !nclud/ng a/alms for impact and des/ay costs. Contractor/Consu/tanf/Das/Hn Professlone/ slHnature b¢!ow must be from an author/zed parson/off/c¢r/director of the Company or Nsfed as [he qua/lf/ed //censad Professional "Project CoordJnator" ar Oas/gn/Eng/neer Pro fesslonal under the agreement. S/gnatura author/ty of parson slgn/ng l/! b¢ varlfl¢d through the contract OR through ih¢ Florida Oapartmant of Sta ta, O/vtslon of Corpora flans (Sunb/z) webs/t¢ (hft Y/d fl )d / unbia/s¢arohn. !f the parson slHnln9 /s not //sled, we wI// r¢qu/re s/gnatura authority 6y one of the listed oK/cars/d/rectors of [ha company glvtng that parson s/H^ature authority. Praparetl by: Date: Signature-Divlalon Project Manager Accepted by: Dale: Signature- Design/Engineer Profeealonal (If applicable) Printetl Names?itla/Company Nema AccepMtl by: Data: Signature- Contractor/Consultant/Vendor Printatl Nema/Titla/ Company Name Approval by: Data: Signature-Divlalon Manager or Designee (Opt/one/) Approved by: Dale: Signature-Divlalon Director or Designee (OptJona/) Approved by: Data: Signature-Divlalon Adminlatretor or Designee (OptlonaQ Pages 3 of 4 Change OMar Form (2g24_var.1) '�) C_n�/ Coi�ie�r' Couxty Contract# CO# PO# Pro)act Nama: Contractor/Consultant Nama: FY _ CMO Request # Procurement Services Change Order Form Approved by: S19netura-Procurement Profesalonal Signature/Oats pro)ac[ #: Approv¢tl by: Signature -Procurement Manager/Olractor (OP]YONAL) APPROVAL TYPE LJ Administrative � Adminisvative-BCC Report � BCC Stand -Alone ES (BCC Approval Requlrad) BCC APPROVAL ATTEST: Crystal K. Kinzal, Clark of tba Circuit Court BOARD OF COUNTY COMMISSIONERS and Comptroller COLLIER COUNTY, FLORIDA L°}`� oaten: (SEAL) By Cbalrman Date: Agenda # Approved as to Form and Legality: Deputy County Attorney Print Nama Pages 4 of 4 Cbanga Order Form (2024_var.t) � �°�� EXHIBIT E-2- WORK DIRECTIVE FORM (T ! t F Fo/!ow/no Th/s Paoel 23 Cona�rvcgon SeMcas AgreemanC [2024_vecl]__ CAO EXH[BIT E-2 WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with [he 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 for a Change Order based thereon will involve one or more of the following methods o£de[ermining the effect of the chenges(s). Method o£determining change in Contract amount: Method of determining change in Contract Times: Unit Prices 0 CONTRACTOR'S records 0 Lump Sum � 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: ay: ay: ensm«rioesis�. rror ssionni owners aear��wuve cnu , Izoza_vecq '' EXHIBIT F-7 CERTIFICATE OF SUBSTANTIAL COMPLETION FORM (T ! t F F //owino This Page) za construm�on sarvmas ngrasmenr [zozo_ver.t]� CFlO EXHIBIT F-'1 CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts th eraof: 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 accortlance with the Contract Documents so that the Owner can occupy or utilize the Work for its Intended use. The Work to which this Certificate applies has been inspected by authorizatl representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to ba substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION c<�r� Izoza_.�..il This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the final punch list shall be com pletetl or corrected by CONTRACTOR within days of the above date of Substantial Completion antl Contractor shall provide Owner with written notice that all punch list items have been completed. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance, and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Signature of Design Professional 20 Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on . 20_ and will submit within five calendar days, an approved pay application to bcc oclerki�collierclerk com. The pay application will include regular schedule of value scope work to be billed antl all work to be billed for all change orders. Signature of Contractor Type Name antl Title OWNER accepts this Certificate of Substantial Completion on . 20 Signature of Owner Type Name and Title S <AJ [2a24_var.tl EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION FORM fTamn/ate Form Fo//ow/nn Th/s Paoa) is Cana\rvcNon 3arvicea ABreemanL [2024_vetAt nO 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 documents. The warranty in Exhibit G-2 is attachetl to and made a part of this Certificate. To OWNER And To The Work to which this Certificate applies has bean inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared [o be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION � c:,�:� // � Izoza_ver.�l Executed by Design Professional on Intentionally left blank 20 Signature of Design Professional Type Name antl Title CONTRACTOR accepts this Certificate of Final Substantial on this . 20_ Signature of Contractor Type Name and Title OWNER accepts this Certificate of Final Substantial on this Slgnatu re of Owner Type Nama antl Title 20 Cno Izoaa_v®rnl EXHIBIT F-3 PUNCH LIST FORM (T / t F Fo//owino This Paoe) rno ze Conslruct�on Services Hgreamenl I2024_ver.t] EXHI6IT F-3 PUNCH LIST FORM Itam Daacription Value CompleLon Date Dated Approvetl No. by Owner Subtotal x 160% CAJ [2024_ver.t] EXHIBIT G-1 FINAL PAYMENT CHECKLIST (T I t F rm Fo//owing This Paaa) z� consv�nion sa.�men ng.aama�x: Izoza_va.nl C/�:J �/ Bid No.: Contractor: EXHIBIT G-'1: FINAL PAYMENT CHECKLIST Project No.: m Data: The following items have been secured by the for the Project known as and have bean reviewed and found to comply with [he requirements of the Contract Documents. Original Contract Amount: Commencement Date: Final Con[rac[ Amount: Substantial Completion Time es set forth in the Agreement: Calendar Days. Actual Dete of Substantial Completion: Final Completion Time es set forth in the Agreement: Calendar Days. Actual Final Completion Data: YES NO �_ �_ t. All Punch Lis[ Items wmpleletl on � �_ 2. Warranties and Guarantees assigned fo Owner (attach fo this form). 3. Effective date of General one year warranty from Contractor Is: �— 4. 2 copies of Operation antl Maintenance manuals for equipment and system submitted (list manuals in attachment to [his form). 6. As -Bull[ drawings obtained end dated: 6. Owner personnel trained on system and equipmenk operation. 7. Cartificata of Occupancy No.: 0 issued on (attach to this form). � � 8. Certificate of Substantial Completion Issued on 9. Final Payment Application and AfFltlavits received from Contractor on: 10. Consent of Surely received on 'I t. Operating Department personnel notiflad Project is in operating Phase. t2. All Spare Parts or Special Tools provitletl to Owner: Q .Q '13. Finished Floor Elevation Certificate provided to Owner: 0 �_ t4. Other: If any of the above is not applicable, intlicata by N/A. If NO is chacketl for any of [he above, attach explanailon. Acknowledgments: Executed by Design Professional on . 20 3lgnature of Design Professional Type Names antl Title Executed by Contractor on 20 319natura of Contractor Type Name antl T{tle Executed by Owner on . 20 Signature of Owner Type Name antl Titles �\/ 12n29_V®r.ti (T ! t F F !/ wlna This Paael as Construction Sarvlcea Agreement [2024_ C:.4U EXHIBIT G-2 WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Substantial Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work pertormed pursuant to the contract shall be 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 expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understootl 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 pertormed under the contract and does not constitute a waiver of any rights provided pursuant to FJoNda Statutes, Chapter 95, at seq. CONTRACTOR: WITNE35: Name Printatl and Tiller Name Printetl CA(\ EXHIBIT H: GENERAL TERMS AND CONDITIONS INTENT OF CONTRACT DOCUMENTS. 'I .'1 It is the infant of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being requlrad to produce the Intended result shall be supplied whether or not specifically called for. When words which have a wall -known technical or trade meaning era used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization, or association or to the Taws or regulations of any governmental authority having jurisdiction ov¢r the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, cod¢, law or r¢g ulation In affect at the time the Work is performed, ¢xcept as may be otherwise specifically stated her¢in. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with [he Work affected thereby shall obtain a written Interpretation or clarification from the Project Manager; said interpretation or clarification from the Protect Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify fell conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, d¢sign and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as dat¢rmined 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 installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.'I Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surtaca conditions; nature and quantity of the surtaca materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during pertormance of the Work; and all other costs associated with such performance. The fallura of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. se ConaWUlan Servlcea Agrearoent: [2g29_wrA] ��-^ 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the own¢rs of all Utilities to determine the necessity for relocating or temporarily intarru pting any Utilities during the construction of the Project. Contractor shall schedule and coordinate Its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting, and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of [ha Work (except those utilities to be coordinated by the Owner as may ba expressly described elsewh¢re 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) subsurtace or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are distu rbad and in no event later than thra¢ (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, If they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for partormanca, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have bean discovered by Contractor as part of Its investigative services, and that no change in the terms of the Agreement is justiFed, 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 after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or lima of p¢rformanc¢, the dispute resolution procedure set forth in the Contract Documents shall ba compiled with by the parties. 3. SCHEDULE. 3.'I Tha Contractor, within ten ('I O) calendar days after the Board's award of the Agreement, shall pr¢pare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work raqutred by the Contract Documents and shall utilize the Critical Path method of scheduling and shall provide for ¢xpeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall Indicate the dates for starting and completing the various stages of the Work. 3.2 Tha Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall 6e subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schad ule updates shall ba a condition praced¢nt to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be p¢rformed in accordance with the requirements of all Collier County Noise Ordinances then in affect. Unless othenvisa specified, work will generally be 30 ConsVucgon Services AgreemeOC [2024_wc1] (inn limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be pertormed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.'I At least ten ('I O) days prior to submitting the monthly Application for Payment, the Contractor shall submit to the Project Manager a final schedule of values and "cash Row projection" that establishes the projected date 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. The Schedule of Values shall be satisfactory in form end substance to the Project Manager and shall su bdivida the Work into component parts in sufficient detail to serve as the basis for measuring quantities in place and calculating amounts for the Contractor's monthly progress payments during construction. Further, it shall include the Ilst 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 any modifications to the list of Subcontractors submitted with Contractor's Bid end any subsequently identified Subcontractors era 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 ached ula of values which provides for overpayment to the Contractor on activities that would be pertormad Rrst. The schedule of values shell be revised and resubmitted until acceptable to the Project Manager. Once the schedule has bean accepted by the Project Manager, the Owner reserves the right (at its option) throughout the Contract to require that the Contrector honor a panicuiar price contained in the schedule of values, if the activity pertaining to it is being deleted or modified. Upon approval of the schedule of values by the Project Manager, it shall ba incorporated into the form of Application for Payment attached to the Agreement as Exhibit D and shall be used as the basis for the Contractor's monthly Applications for Payment. The 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 Rrst Application for Payment shall be submitted no earlier than Thirty (30) days after the Commencement Data, and monthly thereafter, but not mare often than once a month or prior to substantial completion 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 Rrst Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium pall 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 raq uested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials end equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owners interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record form attached hereto and made a part hereof as Exhibit D-3. 3t Canslrucllon Services Agreement 12024_vec t] IU 4.4 The cash flow projection shall be a fixed monthly projection of the value of Work in place. If iha actual cash flow (represented by the Application for Payment) for any month Is less than eighty- five percent (85%) of the projected amount for that month (as established by the Contractor in the cash flow projection form it submits), then the Contractor may be barred from bidding other County projects until the value of Work in place is corrected and within ninety-Tve (95 h) of the projected value. (Sea attached Exhibit D-4, Cash Flow Projection form). 4.5 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may Include the Design Professional). Within twenty (20) business days altar the data of each Application for Payment is stamped as received, and within The timeframes sat forth In Section 278.735 F.S., the Project Manager, or Design Professional, shall wither: (7) Indicate Its approval of the raq nested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefor; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall ba processed in accordance with Section 278.735, F.S. and the terms of the Contract Documents. 4.6 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within ten (70) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.7 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5 % ), as permitted by Section, 255.07B, Florida Statutes. Tha foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount sat forth in Section 255.078, Florida Statutes shall be at the sole discretion of the Owner. Such retainage shall 6e accumulated and not released to Contractor until final payment is due unless otherwise agreed to by The Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.8 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.9 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are than due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor, or supplier has 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 are furnished by Contractor. 4.1 O Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular Intervals based on [ha 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 end 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 acceleration or early 32 GonsVuc[lon S®rvicea A9�a¢menl: [2024_vec'n � �':AO completion of the Work shell modify the time of payments to Contractor as set forth in Exhibit D-4, Cash Flow Projection. 4.71 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and a9 tees that in the avant of a dispute concerning payments for Work pertormad under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor ail amounts that Owner does not dispute are due and payable. 4.72 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the data of services or within six (5) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the Iegai doctrine of "lathes" as untimely submitted. Times shall be deemed of the essence 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. 6. PAYMENTS WITHHELD. 5.7 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspactlons that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicattng probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractor's or for labor, materials or equipment; (tl) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Times; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. era not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not ba required to provide Contractor any written notice prior to rectifying the situation at Contractor's expanse. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor [o Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the Contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -sat the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 5.4 If a subcontractor is a related entity to the Contractor, than the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the 93 ConaVuctlon Services Agreement: [2029_ver.t) C/1C� 7 Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 6. FINAL PAYMENT. 6.1 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 set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to Final Payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit form attached as Exhlbil C, as well as, a duly executed copy of the Surety's consent to Final Payment and such other documentation that may be req uirad by the Contract Documents and the Owner. Prior to release of Final Payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Acceptance and Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified 6y Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall ba deemed to be a waiver of Owner's right to enforce any obligations of Contractor hareu nder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, fast 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 and the installation thereof. 7.2 Whenever materials or equipment era specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the Item is intended to establish the type, function and quality required. Unless the name is followed by words Indicating that no substitution is permitted, materials or equipment of other au ppliers may ba accepted by Owner if sufficient Information is submitted by Contractor to allow the Owner To determine that the material or equipment proposed is equivalent or equal to that Hamad. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must ba submitted by Contractor to Project Manager within thirty (30) calendar days after Notice to Proceed is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately pertorm the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute wilt not prejudice Contractor's achievement of su bstantiai completion on Lima, whether or not acceptance of the substitute for use in the Work will require a change in any of [he Contract 34 ConalruNon services Agreement I2024_vatlt GA'J Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject To payment of any license fee or royalty. All variations of the proposed substitute from that specified will ba identified in the application and available maintenance, repair and replacamant service shall be indicated. Tha application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicatetl in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow th¢ Protect Manager to determine that the substitut¢ proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall ba the same as those provided herein for substitute materials and eq uipmant. 7.5 Tha Projecl Manager shall be allowed a reasonable time within which To evaluate each proposed substitute and, If Head be, to consult with the Design Professional. No substitute will be ordered, installed or utiliz¢d without the Project Manager's prior written acceptance which shall ba evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special pertormanca guarantee or other surety with respect to any substitute. Tha Project Manager will record time required by the Project Manager and the Protect Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned tharaby. 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 ¢ach proposed substitute. 8. DAILV REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to ProJact Manager on a weekly basis a daily l09 of the Contractor's work fior the preceding weak in a format approved by the Project Manager. The daily log shall docu mant all activities of Contractor at the Project site including, but not Ilmitad to, the following: 8.1.t Weather conditions showing the high and low temperatures during work hours, the amount of pr¢cipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1 .3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1 .5 All equipment present at the Project site, description ofi equipment use and designation of time equipment was used (specifically indicating any down time); 36 ConsUuc[lon Sarvlces AgreemanC [2024_verAl CCP� 8.1.6 Description of Work being partormed at the Project site; 8.1 .7 Any unusual or spacial occurrences at the ProJact site; 8.1 .8 Materials received aT the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality oT the Work or the time of partormance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at [he Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amantlments, Change Orders, Work Directive Changes and Field Orders, as wall as all written interpretations and clarifications Issued by the Design Professional, in good order antl annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and ali concealed and buried installations of piping, cond ult, and utility services. All burietl and concealed items, both insitle and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean, and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. Tha "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall ba available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the data the Project Is completed, or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual req ulramants in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIOA STATVTES, TO THE CONTRACTOR'S DUTV TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECOROS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-6746 Telephone: (239) 262-8999 Email: P bll R dR tCrD 111 nt fl.a ov 36 COnabucgon s9rvlcac AgfaBTBOC [2024_vBf.t]C�� \� \IJ The Contractor must specifically comply with the Florida Public Records Law to: f . Keep and maintain pubilc records required by She public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the pubilc agency with a copy of the requested records or allow the records to be Inspected or copied within a reasonable time at a cost [hat does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor tloes 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 pertorm 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 d isclosura requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meat all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the Information technology systems of the public agency. 9. CONTRACT TIME ANO TIME EXTENSIONS. 9."I Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Protect by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Slte, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procad urea, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as sat forth In Paragraph f 2.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, Including but not restricted to acts of Nature or of the public enemy, acts of government, flrea, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner In writing within forty-eight (48) hours aflar the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, Interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may ba responsible, in whole or in part, shall relieve Contractor of its duty to pertorm or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that It shall receive no damages for delay. Contractor's sole remedy, If any, against Owner will ba the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not ba a condition precedent to the afo rementionad "No Damage For Delay" prov�slon. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 37 ConstNdlOn SarvicBB AgreamenC 12024_v r.t]� AU 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. '10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notifietl of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner in the form of a Work Directive, Exhibit E-2, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No offcar, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items era in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attachatl as Exhibit E to this Agreement, shall be issued and executed promptly attar an a9 reamant is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly partorm th¢ 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 t 1 of th¢se General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (Including allowance for labor burden costs) plus a maximum tan percent (10%) markup for all overhead antl profit. In the event such change Work is pertormed by a Subcontractor, a maximum tan percent (t0%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' tliract labor and material costs and actual equipment costa shall be permitted, with a maximum five percent (5%) markup thar¢on by the Contractor for all of fta overhead and profit, for a total maximum markup of fifteen percent (15 % ). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall ba placed on sales tax, shipping or subcontractor markup. - 10.5 Owner, or any duly authonzed agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an axtenston to the Contract Time and not inconsistent with 3B ConstruGlon Services AgreamanL t2g24_VBc1] (;MJ the intent of the Contract Documents. Such changes may be affected by Field Order or by other written order. Such changes shall b¢ binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Procurement Ordinance, as amended and the farms of the Contract Documents in affect at the time such modifications are authorized. 17. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties s¢eking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. Tha farm "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. Tha responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall ba made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the avant giving rise to such Claim or visa the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submittal to the Project Manager within fift¢en (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall ba deemed to have waived the Claim. All Claims shall ba priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit, or administrative proceeding. unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in acco rdanc¢ with the Contract Documents during the pendency of any Claim. 72. OTHER WORK. 12. f Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be pertormed is not noted in the Contract Documents, written notice thereof will ba given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall aend written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to sand the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights It otherwise may have hed to seek an extension to the Contract Tima 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 performing the additional work with Owner's employees) proper and safe access to Tha site and a reasonable opportunity for the introduction and storage of materials and equipment and the ¢xecution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not ¢ndangar any work of others by cutting, ¢xcavating. or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will ba affected. Tha duties and responsi6ilitlas of Contractor under this paragraph are for the benefit of such utilty owners and other Contractors to th¢ extent that there are comparable provisions for the 38 Conetmcllon Services AgreemanC [2024_vact] pAO benefit of Contractor In said direct contracts between Owner and such utility owners and other contractors. 12.3 if any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to ProJact Manager in writing any delays, defects or deficiencies In such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for Integration with Contractor's Work. 93. INDEMNIFICATION AND INSURANCE. t 3.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify, and hold harmless Collier County, its officers and employees from any and ail liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the nag119ence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the pertormance of this Agreement. 132 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability Of the Contractor, Owner, and any Indemnified party. The duty to defend arises Immatliateiy upon presentation of a claim by any party antl written notice of such claim being provided to Contractor. Contractor's obligation to Indemnity and defend under this Article 13 will survive the expiration or ¢artier termination of this Agreement until it is determined by flnalJudg ment that an action against the Owner or an indemnified party for the matter indamnifietl hareu nder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all limas during Its pertormance under the Contract Documents, Insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at Its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, Including but not limited to those dealing with taxation, worker's compensation, aquas employment antl safety (including, but not limitetl to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents era at variance therewith, It shall promptly notify Project Manager In writing. To the extant any law, rule, regulation, coda, statute, or ordinance requires the inclusion of certain terms in this Agreement In order for this Agreement to ba enforceable, such farms shall be deemetl includatl in [his Agreement. Nolwithstandin9 anything In the Contract Docu mants to the contrary, it is understood and agreed [hat in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed That increases the Contractor's time or cost of pertormanca of the Work, Contractor Is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Ag raemant. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it Is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 6 U.S.C. 1324, et sea. and regulations relating thereto, as either may ba amended. Failure by the Contractor to comply with the laws ao cooso-.,mon sorVi�as /areereanc laoza_ver.it // C� referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. '14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements sat forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department oT Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Intarnat- basad means of verifying employment eligibility of workers in the United States; It is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Contractors /Bidders are required to enroll In the E-Verify program, and provide acceptable evidence of [hair enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company 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 is attached to the solicitation documents_ Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional Information regarding the Employment Eligibility Verification System (E-Verify) program visit the following websita: htt �// dh /E-V 'fv. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, antl 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. t 324, at seg, and regulations relating tnereto, as either may ba amended and with the provisions contained within this affidavit. Failure by the awarded firm<s) to comply with the Taws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 'I5. CLEANUP ANO PROTECTIONS. 'I 5.'I Contractor ag raes to keep the Project site clean at all times of debris, rubbish antl waste materials arising out of the Work. At the completion oT the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as wall as all tools, appliances, constructton equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. '15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings. structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged at Conetnactlon Services Agreement: [2g24_vactl CEO shall ba restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein. without the Owner's consent, shall ba void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee ba bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including lic¢nse fees, permit fees, impact fees or Inspection fees applicable to the Work through an Internal budget transfer(s). Contractor is not responsible far paying for p¢rmlts issued by Coiliar County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor {s acquiring permits. Owner will not ba obligated to pay for any permits obtained by Subcontractors. 17.2 Ail permits, fees and licenses necessary for the pros¢cution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the pertormanca of the Work. 16. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whale or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Sch¢dule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) falls to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against It unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (g) fails to obey any appiicabl¢ codes, laws, ordinances, ru las or regulations with respect to the Work; or (1 O) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's dafault(s). If Owner determines that Contractor has not remedied and cured the defaults) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may ba consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving Its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be ¢ntitlad to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assign m¢nts of any of Contractor's 42 Cons\ructlon Sarv�cas AgreamenC t2024_ve\. t ] GI*O subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages Incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and Interest thereon at the maximum legal rate of Interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall ba paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall eMend to and include the full amount of any and all sums paid, expenses and losses Incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other itemstherafore or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and Judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner Is not entitled to the remedies against Contractor provided herein, than the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment Is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, than Contractor may stop Its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work Is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or Its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's Intent to terminate this Ag reament. If Owner does not cure its default within fourteen (14) tlays after receipt of Contractor's written notice, Contractor may, upon fourteen (14j additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but In no ¢vent shall Contractor be entitled to payment for Work not pertormed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice fo Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be Iimitatl to that portion of the Contract Amount earned 43 Conslmcllon Services AgrcamanL [2024_varAl C ('� through the date of termination, together with any retalnage withh¢Id and reasonable termination expenses incurred, but Contractor shall not ba entitled to any other or further recovery against Owner, Including, but not limited lo, damages or any anticipated profit on portions of the Work not pertormed. 'i 9.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six <6) months, the Contractor shall have th¢ right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. S b t Y' I C 1 tl d D I t f the Punch List 20.t Substantial Completion is as defined in the Defined Terms section of this Agreement. When the Contractor believes Substantial Completion has 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 Project 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 ae intended, including: all r¢gulatory agency requir¢ments are satisfied, including occupancy permits; operating certificates and similar releases; all operational testing has successfully occurred; all required training has successfully occurred; all close-out documents (such as as -built drawings, certifications, warranties, guaranties, test reports fast Togs, 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 list with an explanation as to the basis for those coats, substantiated by the Schedule of Values, subject to the Owner's final review and approval as staled blow. 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 revlaw the request, the Work and the Contractor -generated Punch List to determine whether the Work {s ready for Substantial Completion inspection. If this review fails to support Substantial Completion inspection, the Project Manager shall so notify the Contractor citing the reasons for rejection. If the Project Manager and Professional (If any) determine the Work is ready for Substantial Completion Inspection, the following procedures will be followed: �. The Project Manager will, within a reasonable time, schedul¢, and conduct inspections) of the Work with the Professional (if any), other Owner as Conslrvcllon Services A9�eemanL [2024_var.t] c/_ \A� parson nel as required, antl the Contractor For the purpose of formally reviewing the status of completion of the Work, the readiness of the Project for use and the Contractor -generated Punch List. A copy oT the Contractor- genaratad punch list will be provided to all participants and any additional items noted during the Inspection will ba added to the list. Tha Project Manager, the Professional, their repreaentatives and other Owner representatives will review the Work and the Contractor -generated punch Ilat to assure all tlaficiencies era noted on a final document (Exhibit F-3 Punch List Form). Tha Punch Llst must include all items required to render the Project complete, satisfactory and acceptable. If Project Manager and Contractor disagree on whether an item belongs on the Punch List, the Project Manager has the final say on whether the item is included or not. The Punch List shall ba finalized antl issued to the Contractor by the Owner within the time frames indicated below. 2. If upon completion of the inspections) 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 inspection(s), the Owner considers the Project Substantially Complete, Iha Project Manager shall prepare a Certificate of Substantial Completion tc establish the date for Substantial Completion as the data of the completed inspaction(s). The Certificate of Substantial Completion shall be approved by the Owner upon the signature of both the Project Manager and the Professional antl shall ba issued to the Contractor. Tha Certificate shall fix the data of Substantial Completion. 4. Substantial Completion cannot occur until all conditions necessary for safe antl proper use, occupancy, maintenance, antl operations are in place. 20.2 T' -Frames for Issuance of the Punch List (a) The 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 cost less than tan million dollars ($'I O,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 ($'I O,000,000.00), the Punch List must be finalized and Issued within forty -flue (45) Days after the Substantial Completion data. (d) For construction projects involving more than ono building or structure or multiple phases, the Punch List must ba prepared for each building, structure or phase within thirty (30) Days of the Substantial Completion data of a particular building, structure or phase If it is estimated to cost less than ten as co�swamn se�n�es Aa�emanc Izoza_var. tl cn'-> million dollars ($10,000,000.00) or within forty-five (45) Days If it is estimated to cost more than ten million dollars ($t O,000,000.00). (e) 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 the Punch List of items shall be 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 all ratainaga previously withheld by Owner less an amount equal to t50 percent (t 50%) of the estimated cost to complete the items on the Punch List. At the same Lima the Owner delivers the Punch List Contractor shall submit a payment application requesting that Owner pay the Contractor the remaining contract balance owed including all retainage previously held by Owner lass an amount equal to '150 percent ('150 %) of the estimated cost to complete the Items on the Punch List. (f) Tha failure to include any corrective work or pending items not yet completed on the Punch List does not alter the responsibility of Contractor to complete all the construction services purchased pursuant to the Contract Dgcuments. (g) Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the Punch Llat. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.3 C pl t" f P h L' t W k d R I f R Contract Balance (a) Upon completion of the Punch List Work, the Contractor shall certiry in writing to the Project Manager that all Punch List Work has been completed in accordance with the Contract Documents and request the Project Manager to inspect the Work and to approve Punch List completion. If, in the Protect 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 lima, schedule and conduct inspections) of the facility with representatives 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 Project Manager and the Contractor disagree on whether an item remains incomplete, the Protect Manager has the final say on whether the Item is complete or not. (b) If, upon completion of the inspaction(s) the Owner does not consider the Punch List Work complete, the Protect Manager will notify the Contractor In writing giving specific reasons why the Punch List Work is not complete. (c) Vpon completion of all items on the Punch List, the Contractor may submit a Payment Request 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 46 CarmlfUCllon SBrvICBe ABr60TBnL [2D24_vBr.tl GI*O to withhold an amount not to exceed one hundred and fifty percent ('I50%) of the total costs to complete such items. This remaining balance of ratainage may be requested by the Contractor in its Application for Final Payment after Final Acceptance of the Work by Owner (Exhibit F-2 Certificate of Final Completion). (d) All items that require correction under the Contract Documents and that are identified after the preparation and tlalivery of the Punch List shall remain the obligation of the Contractor. (e) Warranty Itema may not affect the Final Payment of retainage pursuant to Section 2f 8.735(7)(f), Florida Statutes. (f) If the Owner fails to comply with its responsibilities to assist In tlaveloping the Punch List within the time frame applicable to the Project (as described above), the Contractor may submit a request for all remaining retainage withheld by the Owner. The 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 orfailed to pertorm its contractual responsibilities with regartl to development of the Punch List. Additionally, the Owner does not have to pay or release any amounts that are the subject of a good -faith dispute, the subject of a claim brought pursuant to Section 255.05, Florida Statutes, or otherwise the subject of a claim or demand by the Owner or Contractor. 20.4 F"nal Comoletion (a) Upon written notice from the Contractor that the Project is complete, the Protect Manager shall schedule a final inspection with the Contractor, the Design Professional, and any other personnel requested by the Projecl Manager. The Protect 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. The Contractor shall Immetliately take such action as may be necessary to remedy such defects and bring the Project Into full compliance with the Contract Documents and than request another inspection. (b) Final Completion of the Work shall be achievetl by the Contractor when all the Work required under the Contract Documents has been satisfactorily completetl, Including all Punch List work, and specifically as notetl in the Specifications section. (c) After the Protect 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 Appl" tf f Final Payment After the Certificate of Final Completion, Exhibit F-2 for the Work has been 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 furnished Owner with a properly executed and notarizetl copy of the Release and Affidavit form attached as Exhibit C, as well 97 ConsW ctlon Services ABreemanC 12029_vncl C:AO 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, including bul 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 surely to Final Payment. (4) Receipt of the Final Payment Check list, Exhibit G-'1. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of Ilens, arising out of the Contract Documents, tq the extent and in such form as may ba d¢signated by Owner. Prior to release of Final Payment and final retainag¢, the Contractor's Repr¢sentative and the Project Manager shall jointly complete the Final Payment Checklist, a reprasentativ¢ copy of which is attached to this Agreement as Exhibit G-'I . 20.6 AOD I f Fi I P t <a) If, on the basis of the Project Manager's observations and review of Work during Construction, final inspection, and review of the Application for Final Payment (all as required by the Contract Documents), the Project Manager is satisfied that the Work has been 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 to 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 and make an independent determination as to the Work's acceptability, 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 previously made In writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be de¢med to be a waiver of Owner's right to enforce any obligat[ons of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. (c) The Contractor's obligation to p¢rform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or Final Payment, the issuance of a Certificate of Substantial Completion, any payment by the Owner to the Contractor under the Contract Documents, any us¢ or occupancy of the Project or any part thereof by fha 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 as Conal,vcllon aervic¢s ApreemanC [202J_vec'n (�{�Cl constitute an acceptance of Work not in accordance with the Contract Documents. 21. WARRANTY. 21 .1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material man supplying materials, equipment or fixtures to ba incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Docu mants shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, Installed, connected, erected, used: cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties era in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall 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 be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22 TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections. tests or approvals. 22.2 If the Contract Documents or any codas, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to ba specifically inspected, tasted or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. ae coneirurnon services nareemam: Izoza_v r.�] \) C�`/ 22.4 If any Work that is to be Inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, ba uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's Intention to cover the same and Project Manager has not acted with reasonable promptness to respond tc such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, If requested by Project Manager, be uncovered for Project Manager's observation, and be replaced at Contractor's sole expanse. 22.5 The Owner shall charge to Contractor and may dad uct from any payments due Contractor all engineering and inspection expenses incurred by Owner In connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work p¢rtormed 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. UEFEGTIVE WORK. 23.'t Work not conforming to the requirements of the Contract Documents or any warranties mad¢ or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall, as directed, either correct all defective Work, whether or not fabricated, Installed or completed, or if the defective Work has bean rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect, and consequential costs of such correction or removal (Including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the ProJact Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect, and consequential costs of such uncovering, exposure, observation, Inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work Is not found to ba defective, Contractor shall be allowed an Increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or If Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or 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 bean eliminated. The right of Protect Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall ba construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best Interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect, and consequential 60 ConsW cHon Services Agreement: 12g24_var.1 ] / t C lar� costs attributabl¢ to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to Final Payment, a Change Order shall be executed evidencing such acceptance of such defective Work, Incorporating the necessary revisions in the Con[rac[ Documents, and rafl¢cting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after Final Payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for Its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after th¢ written notice from Project Manager, to correct defective Work or to remov¢ and raplac¢ reJected tlafective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and Incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employes such access to th¢ Protect site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect. and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall ba issued, Incorporating the necessary revisions to The Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, Indirect, and cons¢q uential 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 ANO SUPERINTENDENTS. 24.'I Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work comp¢tently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to pertorm the Work in accordance with the Contract Documents. Contractor shall be responsible to see that th¢ finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not b¢ replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site antl shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as If given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Protect superintendent, with or without cause. Attached to the Agreement as Exhibit A-3 is a list itl¢ntifying Contractor's Project Superintendent and all of Contractor's key personnel who are assig nad to the Project; such Identified personnel shall not be removed without Owner's prior written approval, and if so removed must be Immediately replaced with a parson acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever Contractor's work craws, or work crews of other parties authorized by the Project Manager are engaged In any activity whatsoever associated with th¢ Project. Should the Contractor fail to comply with the above condition, the Protect Manager shall, at his discretion, deduct from the Contractor's 61 Construclbn aervicca ABraemanL t2024_v®r.1t { <'.PU monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.6, for sarvic¢s not rendered. 25. PROTECTION OF WORK. 25.'I Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charg¢d with the sam¢, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded In any manner that will endanger the structu ra, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or Its subcontractors, agents, or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costa incurred by Owner associated therewith. 26. EMERG ENGIf=S. 26.'I In the event of an emergency affecting the safely or protection of persons or the Work or property at the Project site or atljacant thereto, Contractor, without spacial instruction or authorization from Owner or Design Professional is obligat¢d to act to prevent threatened damage, injury, or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Docu manta is required because of the action taken in response to an emergency, a Change Order shall b¢ issued to tlocumant 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 Time. 27. USE OF PREMISES. 27.f Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project sit¢ and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Protect site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 62 Conelruclion Sarvlcea Hgreament [2d29_var.t] C. P'J 28. SAFETY. 2B.1 Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Contrector shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to' 28.1 .1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated th¢rein, whether in storag¢ on or off the Project site; and 28.1.3 Oth¢r property on Project sit¢ or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation, or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules, and regulations of any public body having jurisdiction for the safety of parsons or property or to protect them from damage, injury, or loss. Contractor shell erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and Improvements and utility owners when proaecuflon of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continua until such time as the Work is compl¢ted and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where ral¢vant as determined by the engineer. All electrical Installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE P rotectiva labels. 28.3. Contractor shall designate a responsible representative located on a full -Lima basis et the Project site whose duty shall be the prevention of accidents. This parson shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as wall as those of all subcontractors and those of any other parson or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not poss¢ss or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 33 Consttucllon services AgreemanL 12024_vac i] ( r AO 28.5.'1 All Owner facitltias are smoke free. Smoking Is strictly prohibited; 28.5.2 All Employes shall be provided an identification badge by Contractor. Such Identification badge must be prominently displayed on the outside of the Employees' clothing at all Limas. All Employees working at the Project site must l09 in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employes to enter any other portions of Owner's property without Owner's expressed prior written consent; 26.5.4 All Employes are prohibit¢d from distributing any pap¢rs or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office aqulpment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the ProJact site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsita, as said regulations may ba changed from time to time; 28.5.6 All Employees shall ent¢r and leave Owner's facilities only through the ingress and egress points identl£ad in the site utilization plan approved by Owner or as othervvis¢ designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner Investigation Involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employes may not solicit, distribute, or sell products whit¢ on Owner's property. Friends, family members or other visitors of th¢ Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend apre-construction conferanc¢ with the Project Manager, Design Professional, and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the ProJact Manager with resp¢ct to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppli¢rs attend all such meetings (including the pre -construction conference) as may be directed by the ProJact Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Pertormance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will ba evaluated on their pertormanca upon completion/termination of this Agreement. sa ccnevucnon seances nareemem: Izoaa_�er. tl Gov 3'1. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed In the currant edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS). where applicable on state roadways. These projects shall also compy with Collier County's Maintenance of Traffic Policy, Jf5807, incorporated herein by reference. Copies era available through Risk Management and/or Procurement Services Division and is available on-line at colliergov.net/purchasing. The Contractor will ba responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway &Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of TrafFlc ("MOT") policy will ba enforced under this Contract. All costs associated with the Maintenance of Traffic shall ba included on the Ilne item on the bid page. If MOT is required, MOT is to be provided within ten ('I O) days of receipt of Notice to Proceed. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.'I Contractor shall pay ail sales, consumer, use and other similar taxes associated with the Work or portions thereof, which era applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and a1 no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as sat forth in section 32.2 below. 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included In the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that It will use its best efforts to cooperate with Owner in implementing this sales tax savings pro9 ram in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direcl Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering. inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extant as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In tree event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Dlract Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that It is aware of its statutory responsibilities for sales tax under Chapter 2'I 2, Florida Statutes, and for its responsibilities for Federal excise taxes. b6 Constmctlon Services AgreamanC [2024_var.t] �� 33. 3UBCONTRACT3. 33.'I Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages For award of subcontracts, based on the current ProJact Milestone Schedule, and shall supply a copy of that breakdown antl 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 sevarability, sequancin9 effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is pertortning, furnishing, supplying, or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best Interest, prior to requesting approval of any Change Order from Owner. All Subcontractors partorming any portion of the Work on this Protect must be "qualified" as defined in Collier County Ordinance 2013-F59, meaning a person or entity that has the capability in all respects to partorm fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith pertormance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall Identify any other Subcontractors, including their atldresses, licensing information antl 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 Protect. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that It remains currant and accurate throughout the entire pertormance 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 lo. Contractor shall keep on file a copy of the license far 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 ks Subcontractors shall ba in venting and era subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall ('I) require each Subcontractor to be bound to Contractor to the same extant Contractor is bound to Owner by the farms of the Contract Documents, as those terms may apply to the portion of the Work to be pertormed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purohasa 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. 66 Canalmctlon Services PgreamanF. [2024_ver.1] - -- , n� 33.5 Each Subcontractor pertorming work at the Project Site must agree to provide field (on -site) supervision through a Hamad su parintendent for each trade (e.g., general concrete forming and plac¢ment, 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 employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the Iasi five years. The Subcontractor shall include a resume of experience for each employe Identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's ¢xclusiv¢ remedy for delays in the p¢rformance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an aMension ofi Its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in th¢ contract sum are limited exclusively to its actual costs for such changes plus no more than 1 O h for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and axclusiv¢ remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the lima and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notic¢ and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a curr¢nt basis, all Project files and records, including, but not limited to, the following ad ministrativ¢ records: 34.1 .7 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1 .3 Shop Drawing Submittal/Approval Logs 34.7.4 Equipment Purchase/Delivery Logs 34.1 .5 Contract Drawings and Speci£cations with Addenda 34.1 .6 Warranties and Guaranta¢s 34.1 .7 Cost Accounting Records 34.1.8 Labor Casts 34.1 .9 Material Coats 34.1 .1 O Equipment Costs 34.1 .11 Cost Proposal Request s� ConaLvcllon services AB/eamenC [2024_vec'Ij G1''-� 34.1 .12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1 .15 Bulletin Quotations 34.1 .16 Lab Test Reports 34.1 .17 Insurance Certificates and Bonds 34.1 .18 Contract Changes 34.1.19 Permits 34.1 .20 Material Purchase Delivery Logs 34.1 .21 Technical Standards 34.1 .22 Design Handbooks 34.1 .23 "As -Built" Marked Prints 34.1.24 Operating 8 Maintenance Instruction 34.1.25 Daily Progress Reports 34.1 .26 Monthly Progress Reports 34.1 .27 Correspondence Filers 34.1 .28 Transmittal Records 34.1 .29 Inspection Reports 34.1 .30 Punch Lists 34.1 .31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall ba available at all times to Owner and Design Professional or their desig noes 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) times par contract term. Presentations shall be made in a properly advertlaed Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meat with appropriate County staff to dlscuas the presentation requirements and format. Presentations may include, but not be limited to, the following Information: Original contract amount, project schedule, project completion data and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for flue (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while partorming services on County facilities and properties. Contractor ID badges era valid for one (1) year from the data of issuance and can be renewed each 65 COnattuGlOn aaMCOS AgreBTanC 12029_vBc'n (C.:�'� year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All t¢chniciana shall hav¢ on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via ¢-mail (DL FMOPS� 11" t fl o j whenever an employee assigned to Collier County saparatea from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting Prior to work being Performed in any of their locations. This will be coord inatatl 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 ba brought in the appropriate federal or state courts in Collier County, Florida, which courts hav¢ sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $1 O million or more shall be ravi¢wed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall b¢ defined as the collective contracts, which may Include but not ba Ilmitad to: design• construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.f The contractor shall ensure compllanc¢ with all NFPA regulations: specifically t 70 & 30/30A; FDEP chapter 62 regulations: specifically 76t, 762, 777, and 780; 376 8 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST &API referenced standards pertaining to the storag¢ of hazardous materials and petroleum products. 38.2 Tha contractor shall notify the Solid &Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or malntanance of any storage tank, including day tanks for generators, storing /will be storing petroleum products or hazardous materials. Tha contractor shall provide a f 0 day and 48-hour notice to SHWMD 239-252-2506 prior to comm¢ncament. Tha 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 people to work on Owner's projects who are neat, clean, well-groomed antl cou rtaous. Subj¢ct to the Americans with Disabllltias Act, Contractor shall supply competent amploy¢es who are physically capable of p¢rforming their employment duties. The Owner may raq uira the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued ampioyment on Owner's projects is not in the best interest of the County. se coosrmcuoo se,wcas Amea�„am: [zou_oernl (/`___ \�/_�� 40. OISPIITE RESOLUTION. A. All disputes arising under or relating to this Ag reemant shall be resolved In accordance with this Section, except For disputes related to payment matters and payment disputes upon submission of pay applications, which shall ba addressed and r¢solvad in accordance with Collier County Ordinance No. 2017-OB, as amended, and governed by the time to commence and conclude payment dispute proceedings set forth in Section 216.76(2)(a), Fla. Stet. B. Prior to the initiation of any action or proc¢eding 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. Tha negotiation shall be attandad by representatives of Contractor with full decision -making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation befwean the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Tha mediation shall be attandad by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stet. Any suit or action brought by either party to this agreement against the other party relating to or arising out of this Agreement must ba brought in the appropriate federal or slat¢ courts in Colli¢r County, Florida, which courts have sole and exclusive jurisdiction on all such matters. so Conatrucllon services Agraemenl: [2024_var.1] -n!)) EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS � Attached hereto, following this page ® Not Applicable ei cc�strucuo� san.mea nnta.eemenr 2o2a_vacil crc>