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Agenda 03/25/2025 Item #16F 2 (Authorize the Chairman to execute Grant Agreement between the County and the Florida Department of Financial Services for the construction of the Collier County Fire and EMS Station 74)
3/25/2025 Item # 16.F.2 ID# 2025-620 Executive Summary Recommendation to accept the award and authorize the Chairman to execute Grant Agreement No. FM921 between the County and the Florida Department of Financial Services for the construction of the Collier County Fire and EMS Station 74 in the amount of $3,646,613.00, execute all necessary forms, and authorize the necessary Budget Amendment (Fund 1831 Project 55212). OBJECTIVE: Recommendation to accept the award and authorize the Chairman to execute Grant Agreement No. FM921 between the County and the Florida Department of Financial Services for the construction of the Collier County Fire and EMS Station 74 in the amount of $3,646,613.00, execute all necessary forms, and authorize the necessary Budget Amendment (Fund 1831 Project 55212). CONSIDERATIONS: The Florida State and Federal Legislative has allocated the Administrative Priorities for the 2024 local initiatives. The construction of the Fire and EMS Station 74 is a project for which the State's appropriations have been applied. Collier County intends to use the allocated funds in conjunction with local state sales surtax funding to complete the construction of the new EMS and Fire Station 74 in the unincorporated eastern portion of the County. The Fire and EMS Station 74 building will be approximately 14,500 square feet and is a collaboration between Greater Naples Fire Rescue District and Collier County. The station will provide a safe and secure facility for first responders and improve response times for both Fire and EMS in an area experiencing significant growth. While Greater Naples Fire District is not directly contributing funds to the project, their joint tenancy at this station with Collier County’s Emergency Medical Services team was a significant factor in the award of the grant. The shared facility will consist of five apparatus bays, twelve bunk rooms, seven restrooms, and associated day living spaces, including a fitness room and a screen porch enclosure. Project costs associated with the construction include work approved through construction bids and/or construction-phase engineering contracts. Eligible costs may include post-design services, bidding assistance, construction observation, and construction. The total project cost for Collier County Fire and EMS Station 74 is $10,766,158.68. The previously approved agreement, 23-8105 “Collier County Fire and EMS Station 74”, with Rycon Construction, Inc., in the amount of $9,464,456.00, was initially fully funded by the Infrastructure Sales Tax. This project commenced February 2024 and is expected to be completed in July 2025. This grant agreement will provide $3,646,613.00 toward the construction cost of the building, reducing the amount of Infrastructure Sales Tax dollars used to fund the project. The grantor anticipates that the funding under this agreement will fund a portion of the construction costs of the project with Collier County as the grantee providing the remaining funding. This item is consistent with the Quality of Place, Infrastructure and Asset Management and Community Development Strategic Focus Areas of the Collier County Strategic Plan. FISCAL IMPACT: A budget amendment is required to recognize grant revenue from the Florida Department of Financial Services in the amount of $3,646,613.00 within the Growth Management Grant Fund (1831), project (55212). The remaining balance for the Fire and EMS Station 74 Project is available within the Infrastructure Sales Tax Fund (3018). It is anticipated that the grant amount of $3,646,613 will be reallocated from Project 55212 to reserves in the Infrastructure Sales Tax fund (3018) to fund other Infrastructure Sales Tax projects. GROWTH MANAGEMENT IMPACT: This item is consistent with the Public Facilities Element of the County’s Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as form and legality and require majority vote for approval. -JAK Page 2964 of 5415 3/25/2025 Item # 16.F.2 ID# 2025-620 RECOMMENDATIONS: To accept the award and authorize the Chairman to execute Grant Agreement No. FM921 between the County and the Florida Department of Financial Services for the construction of the Collier County Fire and EMS Station 74 in the amount of $3,646,613.00, execute all necessary forms, and authorize the necessary Budget Amendment (Fund 1831 Project 55212). PREPARED BY: Tony Barone, Supervisor Project Management, Facilities Division ATTACHMENTS: 1. FM921 DFS and Collier County 2. Budget Amendment to Grant Agreement FM921 Collier County Fire and EMS Station 74 2.12.25 Page 2965 of 5415 Page 1 of 14 Rev. 9/2023 Agreement # FM921 GRANT AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES AND COLLIER COUNTY THIS GRANT AGREEMENT (Agreement) is made and entered into by and between the Department of Financial Services (Department), an agency of the state of Florida (State), and Collier County (Grantee), and is effective as of the date last signed. The Department and the Grantee are sometimes referred to herein individually as a “Party” or collectively as the “Parties.” THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: WHEREAS, the Department, through its Division of State Fire Marshal (Division), has the authority, pursuant to a specific appropriation of the General Appropriations Act, to grant funds to the Grantee; and WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant funds to perform the tasks identified herein in accordance with the terms and conditions hereinafter set forth. NOW THEREFORE, the Department and the Grantee do mutually agree as follows: A. Tasks and Performance Requirements: In accordance with Line 2496A of the General Appropriations Act for the 2024-2025 State fiscal year, the Grantee shall perform the tasks specified herein in accordance with the terms and conditions of this Agreement, including its attachments and exhibits, which are incorporated by reference herein. The funds shall be utilized to construct Fire & EMS Station #74 and the performance requirements are specifically described in Attachment 1, Statement of Work (herein referred to as the “SOW”). B. Incorporation of Laws, Rules, Regulations, and Policies: The Parties shall comply with the applicable state and federal laws, rules, regulations, and policies, including, but not limited to, those identified in this Agreement. C. Performance Period: The term for this Agreement (Performance Period) begins on July 1, 2024 and ends after completion of all deliverables, upon depletion of funding, or upon termination of funding, whichever occurs first, unless terminated earlier in accordance with the terms of this Agreement. No renewals or extensions of the Agreement are permitted. Page 2966 of 5415 Page 2 of 14 Rev. 9/2023 D. Funding Requirements of Section 215.971(1), Florida Statutes (F.S.): 1. The Grantee may only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Performance Period. 2. The Grantee shall refund to the Department any balance of unobligated funds that was advanced or paid to the Grantee. 3. The Grantee shall refund to the Department all funds received in excess of the amount to which the Grantee or its subrecipients are entitled under the terms and conditions of this Agreement. E. Agreement Payment and Funding Considerations: 1. Compensation. This is a cost reimbursement agreement. This Agreement shall not exceed $3,646,613 and payment shall only be issued by the Department after acceptance of the Grantee’s performance as set forth by the terms and conditions of this Agreement. The State’s and the Department’s performance and obligation to pay under this Agreement after the State fiscal year referenced in Section A, above, is contingent upon the fixed capital outlay funding remaining available for use by the Grantee for the purpose specified herein. 2. Payment Process. Subject to the terms and conditions established in this Agreement and the billing procedures established by the Department, the Department agrees to pay the Grantee in accordance with section 215.422, F.S. The applicable interest rate can be obtained at: https://www.myfloridacfo.com/division/aa/vendors. 3. Grantee Rights. A Vendor Ombudsman has been established within the Department. The duties of this individual include acting as an advocate for grantees who may be experiencing problems in obtaining timely payment(s) from a State agency. The Vendor Ombudsman may be re ached at (850) 413-5516. 4. Taxes. The Department is exempted from the payment of State sales and use tax and Federal Excise Tax. Unless otherwise provided by law, the Grantee, however, shall not be exempted from paying State sales and use tax to the appropriate governmental agencies, nor shall the Grantee be exempted from paying its suppliers for any taxes on materials used to fulfill its contractual obligations under this Agreement. The Grantee shall not use the Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. The Grantee shall provide the Department its taxpayer identification number upon request. 5. Expenditures. All expenditures must be in compliance with the laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the State of Florida Reference Guide for State Expenditures, which can be obtained at: reference-guide-for-state- expenditures.pdf (myfloridacfo.com). The Grantee may not spend funds received under this Agreement for the purposes of lobbying the Florida legislature, the judicial branch, or a State agency. 6. Invoice Detail. Invoices submitted by the Grantee must fulfill all requirements specified in the SOW and include all supporting documentation, when applicable. The Grantee shall also submit invoices in sufficient detail to fulfill all applicable requirements of the State of Florida Reference Guide for State Expenditures. All charges for performance under this Agreement or for reimbursement of expenses authorized by the Department shall be submitted to the Department in sufficient detail for a proper pre-audit and post-audit to be performed. 7. Interim Payments. Payments will be made to the Grantee only after the Department’s acceptance of the deliverable(s) per the deliverable payment points identified in the SOW; however, if the Department determines that circumstances warrant, the Department may accept partial performance and make partial payment for the partial performance. 8. Advance Payments. If authorized by sections 215.422(15) or 216.181(16), F.S., and approved in writing by the Department, the Grantee may be provided an advance as part of this Agreement. Page 2967 of 5415 Page 3 of 14 Rev. 9/2023 9. Final Invoice. The Grantee shall submit its final invoice to the Department no later than sixty (60) days after the Agreement ends or is terminated. If the Grantee fails to do so, the Department may, at its sole discretion, refuse to honor any requests submitted after this time period and may consider the Grantee to have forfeited any and all rights to payment under this Agreement. F. Governing Laws of the State of Florida: 1. Governing Law. The Grantee agrees that this Agreement is entered into in the state of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State. Each Party shall perform its obligations herein i n accordance with the terms and conditions of this Agreement. Without limiting the provisions of Section V., Dispute Resolution, the exclusive venue of any legal or equitable action that arises out of or relates to the Agreement shall be in the appropriate State court in Leon County, Florida; in any such action, the Parties waive any right to jury trial. 2. Ethics. The Grantee shall comply with the requirements of sections 11.062 and 216.347, F.S. The Grantee shall not, in connection with this or any other agreement with the State, directly or indirectly: a. offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty; or b. offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of subsection b. above, “gratuity” means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Department’s Inspector General, or other authorized State official, the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee’s integrity or responsibility. Such information may include, but shall not be limited to, the Grantee’s business or financial records, documents, or files of any type or form that refer to or relate to this Agreement. The Grantee shall retain such records in accordance with the record retention requirements of Part V of Attachment 2, Audit Requirements for Awards of State and Federal Financial Assistance. 3. Advertising. Subject to chapter 119, F.S., the Grantee shall not publicly disseminate any information concerning this Agreement without prior written approval from the Department, including, but not limited to, mentioning this Agreement in a press release or other promotional material, identifying the Department or the State as a reference, or otherwise linking the Grantee’s name and either a description of the Agreement or the name of the Department or the State in any material published, either in print or electronically, to any entity that is not a Party to this Agreement, except potential or actual authorized distributors, dealers, resellers, or service representatives. 4. Sponsorship. As required by section 286.25, F.S., if the Grantee is a nongovernmental organization that sponsors a program that is financed wholly or in part by State funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: “Sponsored by (Grantee’s name) and the State of Florida, Department of Financial Services.” If the sponsorship reference is in written material, the words “State of Florida, Department of Financial Services” shall appear in the same size letters or type as the name of the Grantee. 5. Conflict of Interest. This Agreement is subject to chapter 112, F.S. The Grantee shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State. The Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent (5%) interest in the Grantee or its affiliates. Page 2968 of 5415 Page 4 of 14 Rev. 9/2023 6. Records Retention. The Grantee shall retain all records made or received in conjunction with the Agreement for the longer of five (5) years after the end of the Performance Period and all pending matters or the period required by the General Records Schedules maintained by the Florida Department of State (available at: https://dos.myflorida.com/media/703328/gs1-sl-2020.pdf). If the Grantee’s record retention requirements terminate prior to the requirements stated herein, the Grantee may meet the Department’s record retention requirements for this Agreement by transferring its records to the Department at that time, and by destroying duplicate records in accordance with section 501.171, F.S., and, if applicable, section 119.0701, F.S. The Grantee shall adhere to established information destruction standards such as those established by the National Institute of Standards and Technology Special Publication 800-88, “Guidelines for Media Sanitization” (2014). See: https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800- 88r1.pdf. 7. MyFloridaMarketPlace. Disbursements under this Agreement are disbursements of State financial assistance to a recipient as defined in the Florida Single Audit Act, section 215.97, F.S., and are exempt from the MyFloridaMarketPlace Transaction Fee pursuant to Rule 60A-1.031(6)(g), F.A.C. Payments will be made according to the SOW and not through the MyFloridaMarketPlace system. G. Return or Recoupment of Funds: 1. If the Grantee or its independent auditor discovers that an overpayment has been made, the Grantee shall return said overpayment within forty (40) calendar days without prior notification from the Department. In the event that the Department first discovers an overpayment has been made, the Department will notify the Grantee in writing. Should repayment not be made in a timely manner, the Department shall be entitled to charge interest at the lawful rate of interest on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Department’s Agreement Manager and made payable to the “Department of Financial Services.” 2. Notwithstanding the damages limitations of Section X., Limitation of Liability, if the Grantee’s non-compliance with any provision of this Agreement results in additional costs or monetary loss to the Department or the State, the Department can recoup the costs or losses from monies owed to the Grantee under this Agreement or any other agreement between the Grantee and any State entity. In the event that the discovery of additional costs or losses arises when no monies are available under this Agreement or any other agreement between the Grantee and any State entity, the Grantee shall repay such costs or losses to the Department in full within thirty (30) days from the date of discovery or notification, unless the Department agrees, in writing, to an alternative timeframe. H. Audits and Records: 1. Representatives of the Department, including the State’s Chief Financial Officer, the State’s Auditor General, and representatives of the federal government, shall have access to any of the Grantee’s books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. 2. The Grantee shall maintain books, records, and documents in accordance with the generally accepted accounting principles to sufficiently and properly reflect all expenditures of funds provided by the Department under this Agreement. 3. The Grantee shall comply with all applicable requirements of section 215.97, F.S., and Attachment 2, Audit Requirements for Awards of State and Federal Financial Assistance. If the Grantee is required to undergo an audit, the Grantee shall disclose all related party transactions to the auditor. Page 2969 of 5415 Page 5 of 14 Rev. 9/2023 4. The Grantee shall retain all of its records, financial records, supporting documents, statistical records, and any other documents, including electronic storage media, pertinent to this Agreement in accordance with the record retention requirements of Part V of Attachment 2, Audit Requirements for Awards of State and Federal Financial Assistance. The Grantee shall cooperate with the Department to facilitate the duplication and transfer of such records or documents upon the Department’s request. 5. The Grantee shall include the aforementioned audit and recordkeeping requirements in all approved subrecipient contracts and assignments. I. Employment Eligibility Verification: N/A J. Non-Discrimination: The Grantee shall not unlawfully discriminate against any individual employed in the performance of this Agreement due to race, religion, color, sex, physical handicap unrelated to such person’s ability to engage in this work, national origin, ancestry, or age. The Grantee shall provide a harassment-free workplace, and any allegation of harassment shall be given priority attention and action. K. Duty of Continuing Disclosure of Legal Proceedings and Instances of Fraud: 1. The Grantee shall provide written notice to the Department disclosing any criminal litigation, investigation, or proceeding that arises during the Performance Period involving the Grantee, or, to the extent the Grantee is aware, any of the Grantee's subrecipients or contractors (or any of the foregoing entities' current officers or directors). The Grantee shall also provide written notice to the Department disclosing any civil litigation, arbitration, or proceeding that arises during the Performance Period, to which the Grantee (or, to the extent the Grantee is aware, any subrecipient or contractor hereunder) is a party, and which: a. might reasonably be expected to adversely affect the viability or financial stability of the Grantee or any subrecipient or contractor hereunder; or b. involves a claim or written allegation of fraud against the Grantee, or any subrecipient or contractor hereunder, by a governmental or public entity arising out of business dealings with governmental or public entities. All notices under this Section must be provided to the Department within thirty (30) business days following the date that the Grantee first becomes aware of any such litigation, investigation, arbitration, or other proceeding (collectively, a “Proceeding”). Details of settlements that are prevented from disclosure by the terms of the settlement must be annotated as such. 2. This duty of disclosure applies to each officer and director of the Grantee, subrecipients, or contractors when any proceeding relates to the officer’s or director’s business or financial activities. 3. Instances of Grantee operational fraud or criminal activities, regardless of whether a legal proceeding has been initiated, shall be reported to the Department’s Agreement Manager within twenty-four (24) hours of the Grantee being made aware of the incident. 4. The Grantee shall promptly notify the Department’s Agreement Manager of any Proceeding relating to or affecting the Grantee’s, subrecipient’s, or contractor’s business. If the existence of such Proceeding causes the State to conclude that the Grantee’s ability or willingness to perform the Agreement is jeopardized, the Grantee shall be required to provide the Department’s Agreement Manager all reasonable assurances requested by the Department to demonstrate that: a. the Grantee will be able to perform the Agreement in accordance with its terms and conditions; and Page 2970 of 5415 Page 6 of 14 Rev. 9/2023 b. the Grantee and/or its employees, agents, subrecipients, or contractor(s) have not and will not engage in conduct in performance under the Agreement that is similar in nature to the conduct alleged in such Proceeding. L. Assignments, Subgrants, and Contracts: 1. Unless otherwise specified in the SOW or through prior written approval of the Department, the Grantee may not: 1) subgrant any of the funds provided to the Grantee by the Department under this Agreement; 2) contract its duties or responsibilities under this Agreement out to a third party; or 3) assign any of the Grantee’s rights or responsibilities hereunder, unless specifically permitted by law to do so. Any such subgrant, contract, or assignment occurring without the prior approval of the Department shall be null and void. In the event the Department approves transfer of the Grantee’s obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In addition, this Agreement shall bind the successors, assigns, and legal representatives of the Grantee, and of any legal entity that succeeds the Grantee, to the Grantee’s obligations to the Department. 2. The Grantee agrees to be responsible for all work performed and all expenses incurred in fulfilling the obligations of this Agreement. If the Department permits the Grantee to contract all or part of the work contemplated under this Agreement, including entering into contracts with vendors for services, it is understood by the Grantee that all such contract arrangements shall be evidenced by a written document containing all provisions necessary to ensure the contractor’s compliance with applicable state and federal laws. The Grantee further agrees that the Department shall not be liable to the contractor for any expenses or liabilities incurred under the contract and that the Grantee shall be solely liable to the contractor for all expenses and liabilities incurred under the contract. The Grantee, at its expense, will defend the Department against such claims. 3. The Grantee agrees that the Department may assign or transfer its rights, duties, or obligations under this Agreement to another governmental entity upon giving prior written notice to the Grantee. 4. The Grantee agrees to make payments to any subrecipient or contractor within seven (7) working days after receipt of full or partial payments from the Department , unless otherwise stated in the agreement between the Grantee and the subrecipient or contractor. The Grantee’s failure to pay its subrecipients or contractors within seven (7) working days will result in a statutory penalty charged against the Grantee and paid to the subrecipient or contractor in the amount of one-half of one (1) percent of the amount due per day from the expiration date of the period allowed herein for payment. Such statutory penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due (see section 287.0585, F.S.). M. Nonexpendable Property: 1. For the requirements of this Section of the Agreement, "nonexpendable property" is the same as “property” as defined in section 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non-consumable and nonexpendable nature). 2. All nonexpendable property purchased under this Agreement shall be listed on the property records of the Grantee. For the purposes of section 273.03, F.S., the Grantee is the custodian of all nonexpendable property, and shall be primarily responsible for the supervision, control, and disposition of the property in his or her custody (but may delegate its use and immediate control to a person under his or her supervision and may require custody receipts). The Grantee must submit an inventory report to the Department with the final expenditure report and inventory annually and maintain accounting records for all nonexpendable property purchased under the Agreement. The records must include information necessary to identify the property, which, at a minim um, must include the following: property tag identification number; description of the item(s); if a group of Page 2971 of 5415 Page 7 of 14 Rev. 9/2023 items, the number and description of the components; physical location; name, make, or manufacturer; year and/or model; manufacturer’s serial number(s); if an automobile, the vehicle identification number and title certificate number; date of acquisition; cost or value at date of acquisition; date last inventoried; and the current condition of the item. 3. At no time shall the Grantee dispose of nonexpendable property purchased under this Agreement without the written permission of, and in accordance with instructions from, the Department. In addition to its plain meaning, “dispose of” includes selling, exchanging, transferring, distributing, gifting, and loaning. If the Grantee proposes to dispose of the nonexpendable property or take any other action that will impact its ownership of the property or modify the use of the property other than for the purposes stated herein, the Department shall have the right, in its sole discretion, to demand that the Grantee reimburse the Department the fair market value of the impacted nonexpendable property. 4. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage, or injury caused by the use of, nonexpendable property purchased with State funds and held in its possession for use in accordance with this Agreement. The Grantee shall immediately notify the Department, in writing, upon discovery of any property loss with the date and reason(s) for the loss. 5. The Grantee shall be responsible for the correct use of all nonexpendable property obtained using funds provided by this Agreement, and for the implementation of adequate maintenance procedures to keep the nonexpendable property in good operating condition. 6. A formal amendment to this Agreement is required prior to the purchase of any item of nonexpendable property not specifically listed in the approved Agreement budget (see SOW). N. Requirements Applicable to the Purchase of, or Improvements to, Real Property: If funding provided under this Agreement is used for the purchase of , or improvements to, real property, such funds are contingent upon the Grantee granting to the Department a security interest in the property in the amount of the funding provided by this Agreement for the purchase of, or improvements to, the real property for five (5) years from the date of purchase, the completion of the improvements, or as further required by law (see section 287.05805, F.S.). O. Insurance: The Grantee shall, at its sole expense, maintain insurance coverage of such types and with such terms and limits as may be reasonably associated with the Agreement. Adequate insurance coverage is a material obligation of the Grantee, and the failure to maintain such coverage may void the Agreement. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee’s liability and obligations under the Agreement. All insurance policies shall be through insurers authorized to write policies in the State. Specific insurance requirements, if any, are listed in the SOW. Upon execution of this Agreement, the Grantee shall provide the Department written verification of the existence and amount for each type of applicable insurance coverage. Within thirty (30) days of the effective date of the Agreement, the Grantee shall furnish the Department proof of applicable insurance coverage by standard ACORD form certificates of insurance. In the event that any applicable coverage is cancelled by the insurer for any reason, the Grantee shall immediately notify the Department of suc h cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within fifteen (15) business days after the cancellation of coverage. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee. Page 2972 of 5415 Page 8 of 14 Rev. 9/2023 P. Intellectual Property Rights: Where activities supported by this Agreement result in the creation of intellectual property rights, the Grantee shall notify the Department, and the Department will determine whether the Grantee will be required to grant the Department a perpetual, irrevocable, royalty-free, nonexclusive license to use, and to authorize others to use for State government purposes, any resulting patented, copyrighted, or trademarked work products developed under this Agreement. The Department will also determine whether the Grantee will be required to pay all or a portion of any royalties resulting from such patents, copyrights, or trademarks. Q. Independent Contractor Status: It is mutually understood and agreed to that at all times during the Grantee’s performance of its duties and responsibilities under this Agreement that Grantee is acting and performing as an independent contractor. The Department shall neither have nor exercise any control or direction over the methods by which the Grantee shall perform its work and functions other than as provided herein. Nothing in this Agreement is intended to nor shall be deemed to constitute a partnership or joint venture between the Parties. 1. Unless the Grantee is a State agency, the Grantee (and its officers, agents, employees, subrecipients, contractors, or assignees), in performance of this Agreement, shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the State. Further, unless specifically authorized to do so, the Grantee shall not represent to others that, as the Grantee, it has the authority to bind the Department or the State. 2. Unless the Grantee is a State agency, neither the Grantee nor its officers, agents, employees, subrecipients, contractors, or assignees, are entitled to State retirement or State leave benefits, or to any other compensation of State employment as a result of performing the duties and obligations of this Agreement. 3. The Grantee agrees to take such actions as may be necessary to ensure that each subrecipient or contractor will also be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State. 4. Unless agreed to by the Department in the SOW, the Department will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial, clerical support, etc.) to the Grantee or its subrecipient, contractor, or assignee. 5. The Department shall not be responsible for withholding taxes with respect to the Grantee’s compensation hereunder. The Grantee shall have no claim against the Department for vacation pay, sick leave, retirement benefits, social security, workers’ compensation, health or disability benefits, reemployment assistance benefits, or employee benefits of any kind. The Grantee shall ensure that its employees, subrecipients, contractors, and other agents, receive benefits and necessary insurance (health, workers’ compensation, reemployment assistance benefits) from an employer other than the State. 6. At all times during the Performance Period, the Grantee must comply with the reporting and Reemployment Assistance contribution payment requirements of chapter 443, F.S. R. Electronic Funds Transfer: The Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered by the State’s Chief Financial Officer, within thirty (30) days of the date the last Party signed this Agreement. Copies of the authorization form and a sample blank enrollment letter can be found at: http://www.myfloridacfo.com/Division/AA/Vendors/. Page 2973 of 5415 Page 9 of 14 Rev. 9/2023 Questions should be directed to the EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT. S. Entire Agreement: The following documents are attached and incorporated into this Agreement, are considered an integral part of the Agreement, and embody the entire Agreement. This Agreement supersedes all previous oral or written communications, representations, or agreements on this subject. If there are any conflicting provisions between the documents that make up the Agreement, the following order of precedence applies: a. Attachment 1, Scope of Work; b. Pages 1 through 14 of this Agreement; c. Attachment 2, Audit Requirements for Awards of State and Federal Financial Assistance (with its Exhibit 1); d. Attachment 3, Index of Applicable Laws and Regulations; e. Addendum A, Public Records Requirements (all references in this addendum to “Contractor” shall be read to say “Grantee,” and all references to “Contract” shall be read to say “Agreement”); f. Appendix 1, Grantee’s Contract with its Contractor for Construction Work and any appendices incorporated after execution; g. Attachment 4, Status Update Request Form; and h. Attachment 5, Reimbursement Request Letter. T. Time is of the Essence: Time is of the essence regarding the performance requirements set forth in this Agreement. The Grantee is obligated to timely complete the deliverables under this Agreement and comply with all other deadlines necessary to perform the Agreement, which include, but are not limited to, attendance of meetings or submittal of reports. U. Termination: 1. Termination Due to the Lack of Funds. If funds become unavailable for the Agreement’s purpose, such event will not constitute a default by the Department or the State. The Department agrees to notify the Grantee in writing at the earliest possible time if funds are no longer available. In the event that any funding identified by the Grantee as funds to be provided for completion of the project as described herein becomes unavailable, including if any State funds upon which this Agreement depends are withdrawn or redirected, the Department may terminate this Agreement by providing written notice to the Grantee. The Department will be the final authority as to the availability of funds. 2. Termination for Cause. The Department may terminate the Agreement if the Grantee fails to: a. satisfactorily complete the deliverables within the time specified in the Agreement; b. maintain adequate progress, thus endangering performance of the Agreement; c. honor any term of the Agreement; or d. abide by any statutory, regulatory, or licensing requirement. The Grantee shall continue to perform any work not terminated. The Department’s rights and remedies in this clause are in addition to any other rights and remedies provided by law or under the Agreement. The Grantee shall not be entitled to recover any cancellation charges or lost profits. Page 2974 of 5415 Page 10 of 14 Rev. 9/2023 Upon termination, the Department may require that the Grantee return to the Department any funds that were used for purposes that are considered ineligible under: a. this Agreement; or b. applicable program laws, rules, and regulations governing the use of funds under this Agreement. 3. Termination for Convenience. The Department may terminate this Agreement, in whole or in part, by providing written notice to the Grantee that the Department determined, in its sole discretion, it is in the State’s interest to do so. The Grantee shall not furnish any product after it receives the Department’s notice of termination, except as necessary to complete the continued portion of the Agreement, if any. The Grantee will not be entitled to recover any cancellation charges or lost profits. 4. Grantee’s Responsibilities upon Termination. If the Department provides a notice of termination to the Grantee, except as otherwise specified by the Department in that notice, the Grantee shall: a. Stop work under this Agreement on the date and to the extent specified in the notice. b. Complete performance of such part of the work that has not been terminated by the Department, if any. c. Take such action as may be necessary, or as the Department may specify, to protect and preserve any property which is in the possession and custody of the Grantee, and in which the Department has or may acquire an interest. d. Transfer, assign, and make available to the Department all property and materials belonging to the Department upon the effective date of termination of this Agreement. No extra compensation will be paid to the Grantee for its services in connection with such transfer or assignment. V. Dispute Resolution: Unless otherwise stated in the SOW, disputes concerning performance under the Agreement will be decided by the Department, who shall reduce the decision to writing and serve a copy to the Grantee. In the event a Party is dissatisfied with the dispute resolution decision, jurisdiction for any dispute arising under the terms of the Agreement will be in State courts, and the venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the Parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. W. Indemnification: 1. The Grantee shall be fully liable for the actions of its agents, employees, partners, subrecipients, or contractors and shall fully indemnify, defend, and hold harmless the State and the Department, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by the Grantee, its agents, employees, partners, subrecipients, or contractors provided, however, that the Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or the Department. 2. Further, the Grantee shall fully indemnify, defend, and hold harmless the State and the Department from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement o f a trademark, copyright, patent, trade secret, or intellectual property right provided, however, that the foregoing obligation shall not apply to the Department’s misuse or modification of the Grantee’s products or the Department’s operation or use of the Grantee’s products in a manner not contemplated by the Agreement. If any product Page 2975 of 5415 Page 11 of 14 Rev. 9/2023 is the subject of an infringement suit, or in the Grantee’s opinion is likely to become the subject of such a suit, the Grantee may at its sole expense procure for the Department the right to continue using the product or to modify it to become non-infringing. If the Grantee is not reasonably able to modify or otherwise secure the Department the right to continue using the product, the Grantee shall remove the product and refund the Department the amounts paid in excess of a reasonable rental for past use. The Department will not be liable for any royalties. 3. The Grantee’s obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or the Department giving the Grantee: a. written notice of any action or threatened action; b. the opportunity to take over and settle or defend any such action at the Grantee’s sole expense; and c. assistance in defending the action at the Grantee’s sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by the State or the Department in any legal action without the Grantee’s prior written consent, which shall not be unreasonably withheld. NOTE: For the avoidance of doubt, if the Grantee is a State agency or subdivision, as defined in section 768.28(2), F.S., pursuant to section 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability to the other Party for the other Party’s negligence. X. Limitation of Liability: Unless otherwise specifically enumerated in this Agreement, no Party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the Agreement requires the Grantee to back-up data or records), even if the Party has been advised that such damages are possible. No Party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and the Department may, in addition to other remedies available to them at law or in equity and upon notice to the Grantee, retain such monies from amounts due the Grantee as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. Y. Force Majeure and Notice of Delay from Force Majeure: Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor caused by the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subrecipients, contractors, or suppliers if no alternate source of supply is available. However, in the event a delay arises from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting damages, costs, delays, or disruptions to the project in accordance with the Party’s performance requirements under this Agreement. In the case of any delay the Grantee believes is excusable under this Section, the Grantee shall provide written notice to the Department describing the delay or potential delay and the cause of the delay within: ten (10) calendar days after the cause that creates or will create the delay first arose (if the Grantee could reasonably foresee that a delay could occur as a result); or five (5) calendar days after the date the Grantee first had reason to believe that a delay could result (if the delay is not reasonably foreseeable). THE FOREGOING SHALL CONSTITUTE THE GRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this Section is a condition precedent to such remedy. The Department, in its sole discretion, will determine if the delay is excusable under this Section and will notify the Grantee of its decision in writing. The Grantee shall not assert a claim for damages, other than for an extension of time, against the Department. The Grantee will Page 2976 of 5415 Page 12 of 14 Rev. 9/2023 not be entitled to an increase in the Agreement price or payment of any kind from the Department for any reason. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this Section, after the causes have ceased to exist, the Grantee shall resume performance, unless the Department determines, in its sole discretion, that the delay will significantly impair the ability of the Grantee to timely complete its obligations under this Agreement, in which case, the Department may terminate the Agreement in whole or in part. Z. Mandatory Disclosure Requirements: 1. Conflict of Interest. This Agreement is subject to chapter 112, F.S. The Grantee shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State. The Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent (5%) interest in the Grantee or its affiliates. 2. Convicted Vendor List. The Grantee has a continuous duty to disclose to the Department if the Grantee or any of its affiliates, as defined by section 287.133(1)(a), F.S., are placed on the convicted vendor list. Pursuant to section 287.133(2)(a), F.S.: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.” 3. Discriminatory Vendor List. The Grantee has a continuous duty to disclose to the Department if the Grantee or any of its affiliates, as defined by section 287.134(1)(a), F.S., are placed on the discriminatory vendor list. Pursuant to section 287.134(2)(a), F.S.: “An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.” 4. Antitrust Violator Vendor List. The Grantee has a continuous duty to disclose to the Department if the Grantee or any of its affiliates, as defined by section 287.137(1)(a), F.S., are placed on the antitrust violator vendor list. Pursuant to section 287.137(2)(a), F.S.: “A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real proper ty to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.” 5. Department Inspection of Records. Pursuant to section 216.1366, F.S., the Grantee shall permit the Department to inspect the Grantee’s financial records, papers, and documents that are directly related to the performance of the Agreement or the expenditure of state funds and the Contractor’s programmatic records, papers, and documents which the Department determines are necessary to monitor the performance of the Agreement or to ensure that the terms of the Agreement are being met. The Contractor shall provide such records, papers, and documents to the Department’s Contract Manager within 10 business days after a request is made to the Contractor. 6. Foreign Gifts and Contracts. The Grantee shall comply with any applicable disclosure requirements in section 286.101, F.S. Pursuant to section 286.101(7), F.S.: “In addition to any fine assessed under Page 2977 of 5415 Page 13 of 14 Rev. 9/2023 [section 286.101(7)(a)], a final order determining a third or subsequent violation by an entity other than a state agency or political subdivision shall automatically disqualify the entity from eligibility for any grant or contract funded by a state agency or any political subdivision until such ineligibility is lifted by the Administration Commission for good cause.” AA. Severability: If any provision of this Agreement, in whole or in part, is held to be void or unenforceable by a court of competent jurisdiction, that provision will be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable, and all other provisions remain in full force and effect. BB. Survival: Any right or obligation of the Parties in this Agreement which, by its express terms or nature and context , is intended to survive termination or expiration of this Agreement, will survive any such termination or expiration. CC.Execution in Counterparts: This Agreement may be executed in counterparts, each of which will be an original and all of which will constitute but one and the same instrument. DD.Contact Information for Grantee and Department Contacts: Grantee’s Payee: Grantee’s Agreement Manager: Collier County Bendisa Miller 3299 Tamiami Trail East, Suite 202 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5746 Naples, FL 34112-5746 Telephone: (239) 252-2959 Telephone: (239) 252-8440 Fax: N/A Fax: N/A Email: Therese.Stanley@colliercountyfl.gov Email: Bendisa.Miller@colliercountyfl.gov Department’s Agreement Manager: Lauren Tingle 200 E. Gaines Street Tallahassee, FL 32399 Telephone: (850) 413-3641 Fax: N/A Email: Lauren.Tingle@myfloridacfo.com In the event that any of the information provided in this Section changes after the execution of this Agreement, the Party making such change shall provide written notice to the other Party of such change. Such changes do not require a formal amendment to the Agreement. Page 2978 of 5415 Page 14 of 14 Rev. 9/2023 EE. Notices: The contact information provided in the immediately preceding Section shall be used by the Parties for all communications under this Agreement. Where the terms “written notice” or notice “in writing” are used to specify a notice requirement herein, said notice will be deemed to have been given: 1. when personally delivered; 2. when transmitted via facsimile with confirmation of receipt or email with confirmation of receipt if the sender on the same day sends a confirming copy of such notice by a recognized overnight delivery service (charges prepaid); 3. the day following the day (except if not a business day, then the next business day) on which the same has been delivered prepaid to a recognized overnight delivery service; or 4. on the date actually received or the date of the certification of receipt. IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in the attachments hereto, the Parties have caused to be executed this Agreement by their undersigned duly authorized officials. Collier County Florida Department of Financial Services By: By: Name: Name: Title: Title: Date: Date: Page 2979 of 5415 Page 1 of 4 Rev. 1/23/2023 Attachment 1 SCOPE OF WORK (SOW) 1. Project Description. Line 2496A of the General Appropriations Act for the 2024-2025 State fiscal year provides for the appropriation of $3,646,613 to the Grantee for the construction of a Fire & EMS station #74, hereinafter referred to as the “Project,” to serve the needs of the local community. Funding under this Agreement will be used for the construction of fire station #74 located at 99 Desoto Blvd. S., Naples, FL 34120. The fire station construction must comply with the requirements of the contract the Grantee has entered with its contractor, which is attached hereto and incorporated by reference herein, and will include the construction of five (5) apparatus bays, twelve (12) bunk rooms, seven (7) restrooms, and associated day living spaces, including a gear room and a decontamination area. The project construction costs are estimated at $9,464,456, with $5,817,843 in local funds from the Grantee. 2. Grantee Responsibilities. The Grantee shall: a. Complete all pre-construction elements for the Project, which include, but are not limited to, construction. b. Submit to the Department, prior to beginning the Project, copies of: i. all ownership documents; ii. all contracts and subcontracts in furtherance of this Agreement; and iii. written evidence that all Project services were competitively procured to the extent required by law. c. Complete the Project in accordance with: i. the design and construction plans submitted to the Department; ii. the requirements set forth in this Agreement; and iii. any applicable local, State (including, but not limited to, chapter 255, F.S.), and federal laws and regulations. d. Provide the Department with any amendments made to the contracts and subcontracts issued in furtherance of this Agreement. Note: It will be in the Department’s sole discretion to determine whether such amendments require a written amendment to this Agreement. e. Display signage at the project site that specifies the project intent, fund source, and estimated date of completion. Sign must be in place prior to reimbursement or advancement of funds, should be visible from a public roadway and must remain at project site until project is completed. f. Provide the Department with documentation, upon Department’s demand, evidencing status reports. Grantee shall provide status report documentation on the Status Update Request Form, incorporated by reference as Attachment 4. g. Submit monthly fire incident data to the National Fire Incident Reporting System via https://www.nfirs.fema.gov/NFIRSWeb/login for the entire duration of the Performance Period listed in the Agreement. Proof of submittance of fire incident data is required to be provided to the Department upon the Department’s demand. 3. Department’s Responsibilities. The Department shall monitor the Grantee’s progress as it deems necessary to verify that all requirements of the Agreement are being performed in accordance with this Agreement. The Department shall review Page 2980 of 5415 Page 2 of 4 Rev. 1/23/2023 submitted documentation and process payments to the Grantee to reimburse allowable, reasonable, and necessary expenditures, not to exceed $3,646,613. The Department will monitor reporting compliance for the Grantee and will notify the appropriate parties of non-compliance. 4. Deliverable. The Grantee shall complete the following deliverable: Table 1 Deliverable Deliverable No. 1 – Construct Fire & EMS Station #74 Tasks Documentation Financial Consequences Complete all work in accordance with the contract between the Grantee and the contractor performing the work, which is attached as Appendix 1. 1) Invoice in accordance with Section 6, below. 2) The Grantee shall submit copies of: a. Any documents demonstrating satisfactory performance in completion of the tasks listed in the contract which is attached as Appendix 1; b. Proof of release of any liens that are associated with the work for which payment is requested; documentation to support performance by and payments made by contractor to subcontractors and suppliers for satisfaction of contractor’s obligations under its contract with the Grantee; and c. Cleared checks, electronic funds transfers, or bank statements showing that payment was issued to the Grantee’s contractor. Failure to pass each required construction phase inspection will result in non-payment of the associated invoiced task(s) until passage of the construction phase inspection. The Department will not reimburse the Grantee the amount of fees assessed for any re-inspection. Page 2981 of 5415 Page 3 of 4 Rev. 1/23/2023 TOTAL REIMBURSABLE AMOUNT NOT TO EXCEED $3,646,613.00 5. Reconciliation Report. Pursuant to section 215.971, F.S., the Department’s Agreement Manager must produce a final reconciliation report reconciling all funds paid out to the Grantee under this Agreement against all funds expended by the Grantee in performance of this Agreement. If the Department’s Agreement Manager requests documentation from the Grantee’s Agreement Manager for this purpose, Grantee must submit such documentation to the Department within ten (10) business days of receipt of the Department’s request. 6. Invoice Submittal and Payment Schedule. The Grantee shall provide itemized invoices for all portions of the deliverable rendered during that period. After receipt of the invoice, and in accordance with the payment provisions established in Section E., Agreement Payment and Funding Considerations, of the Agreement, the Department shall disburse the amount of funds approved by the Department. To request reimbursement, the Grantee shall: a. Complete the Reimbursement Request Letter, incorporated by reference as Attachment 5, signed by the Grantee’s Agreement Manager certifying that the costs being claimed in the invoice package: i. Are specifically for the project represented to the State in the budget appropriation; ii. Have been paid; iii. Were incurred within the Performance Period as specified in Section C, Performance Period, of the Agreement; and iv. Are not a duplicate, and duplicates will not be submitted to another funding source. b. All documentation (specified in Section 4, Deliverables) necessary to demonstrate that progress on the project has been made and the work being invoiced has been completed in accordance with the requirements of this Agreement. The Department may require any other information from the Grantee that the Department deems necessary to verify performance in accordance with this Agreement. 7. Financial Consequences for Failure to Timely and Satisfactorily Perform. Failure to complete the required duties outlined in the SOW shall result in the rejection of the invoice and as stated above in Section 4, Deliverable, if re-inspection is invoiced, the Department will reduce the invoice by that amount. This provision for financial consequences shall not affect the Department’s right to terminate the Agreement as provided elsewhere in the Agreement. 8. Disposition of Property. a. Pursuant to Section M, Nonexpendable Property, of this Agreement, upon satisfactory completion of the requirements of the Agreement, the Grantee is authorized to retain ownership of any nonexpendable property purchased under this Agreement; however, the Grantee hereby grants to Page 2982 of 5415 Page 4 of 4 Rev. 1/23/2023 the Department a right of first refusal in all such property prior to disposition of any such property during its depreciable life, in accordance with the depreciation schedule in use by the Grantee, but not to exceed five (5) years following the termination of the Agreement. The Grantee shall provide written notice of any such planned disposition and await the Department’s response prior to disposing the property. “Disposition” as used herein, includes, but is not limited to, the Grantee no longer using the nonexpendable property for the uses authorized herein; and the sale, exchange, transfer, trade-in, or disposal of any such nonexpendable property. The Department, in its sole discretion, may require the Grantee to refund to the Department the fair market value of the nonexpendable property at the time of disposition rather than taking possession of the nonexpendable property. b. Upon satisfactory completion of the requirements of this Agreement, the Grantee is authorized to retain ownership of the real property improved under this Agreement; however, for five (5) years thereafter the Grantee must provide written notice to the Department of any circumstance that: i. will impact or has impacted, in any way, the Grantee’s ownership of such property; or ii. will modify or has modified the use of such property from the purposes authorized herein. Such notice must be provided within ten (10) business days of learning of the event that will result or has resulted in either circumstance. If either of these circumstances arise, the Department will have the right, within its sole discretion, to demand that the Grantee reimburse the Department for part, or all of the funding provided to the Grantee under this Agreement. 9. Failure to Complete Project Timely. Upon completion of the project, the Grantee shall submit to the Department a copy of the Certificate of Occupancy and photos of the completed project. If the Grantee fails to complete the project within five (5) years after the total maximum amount for Deliverable No. 1 has been paid, the Department will have the right, in its sole discretion, to demand that the Grantee reimburse the Department for part, or all of the funding provided to the Grantee under this Agreement. - End of Attachment 1 (Scope of Work) - Page 2983 of 5415 Appendix 1 Grantee’s Contract with its Contractor for Construction Work Page 2984 of 5415 11c CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Rycon Construction, Inc., ("Contractor") of 2501 Smallman Street, Suite 100, Pittsburgh, PA 15222, a Foreign Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "Collier County Fire and EMS Station 74", Invitation to Bid No. 23-8105 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Schenkel & Shultz, Inc., the Engineer and/or Architect of Record Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Nine Million Four Hundred Sixty-Four Thousand Four Hundred Fifty-Six Dollars 9,464,456.00). Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at https://fiscal.treasury.gov/surety-bonds/list-certified-companies.html. Should the 1 Construction Services Agreement:[2023_ver.2] CAO Page 2985 of 5415 1 1 C Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall,within five(5)calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within four hundred and fifty-five (455) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work or designated portions thereof)for the use for which it is intended. Contractor shall achieve Final Completion within 60 (sixty) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Three Thousand Three Hundred and Five Dollars ($3,305.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty,which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday 2 Construction Services Agreement:[2023_ver.2] Page 2986 of 5415 11G or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated darnages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #23-8105 "Collier County Fire and EMS Station 74". Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms Not Applicable Exhibit B-2: Performance Bond Forms I Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Construction Services Agreement:(2023_ver.2] CAO Page 2987 of 5415 IC Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I:Supplemental Terms and Conditions ® Applicable U Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #23-8105 "Collier County Fire and EMS Station 74". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. Exhibit J: Technical Specifications ZExhibit K: Permits ZExhibit L: Standard Details ZExhibit M: Plans and Specifications prepared by: Schenkel & Shultz, Inc. ZExhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Facilities Management Division 3335 Tamiami Trail East Naples, Florida 34112 Attn: Olivier Sureau, Project Manager Ill Phone: (239) 252-8361 Email: Olivier.Sureau at7colliercountyfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Rycon Construction, Inc. 11215 Metro Parkway, Suite 2 Fort Myers, FL 15122 Attn: Matt Mastrofrancesco, VP of Construction Phone: (239) 365-2100 Email: Mmastro(a ryconinc.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. 4 Construction Services Agreement:[2023_ver.2] Page 2988 of 5415 tic Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 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 the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement:[2023_ver.2] CAO Page 2989 of 5415 11C Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Remainder of page intentionally left blank 6 Construction Services Agreement:[2023_ver.2] Page 2990 of 5415 11C IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: 1Z:VITNE2S0 Rycon Construction, Inc. FIRST WITN e / A 00‘ 1 0 By:rL"--4,742ntNe411 S Print Name and TitleTi COND WITNESS z .T-e>v Date: // 4'7,s..a.T-,3 Print Name ATTEST: OWNER: Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS Comptroller OF COLLIER COUNTY FLORIDA BY: 111.01a1, 1)( ,an BY: S as, iiktilgalk e \ Date: Chris Hall, Chairman 11 qI Zy1- 014 Pie 5 9° a Appro 'd s •I one • Legality: i J L County Attorney Print Nam:. 7Cie'%Construction Services Agreement:12023.,vor 21 Page 2991 of 5415 114; EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE FOLLOWING THIS PAGE) 8 Construction Services Agreement:[2023_ver.2] CAO Page 2992 of 5415 1 1 C 23-8105 Fire and EMS Station#74 99 Desoto Blvd-Golden Gate Estates-Naples,FL 34120 BID SCHEDULE Bidder: Rycon Construction,Inc. DESCRIPTION OF WORK UNIT QTY COST TOTAL 1.0 GENERAL REQUIREMENTS UNIT QTY COST TOTAL 1.1 General Conditions LS 1 $ 682, 750.00 $ 682,750.00 1.2 Material Testing LS 1 $ 22,000.00 $ 22,000.00 1.3 NPDES Monitoring and Maintenance LS 1 $ 5,000.00 $ 5,000.00 GENERAL REQUIREMENTS-TOTAL $ 709,750.00 2.0 SITE WORK-Documents prepared by Delisi Fitzgerald UNIT QTY COST TOTAL 2.1 Mobilization LS 1 $ 200,000.00 $ 200,000.00 2.2 Project Signage and Marking LS 1 $ 8,500.00 $ 8,500.00 2.3 Clearing,Select Preserve Clearing,Grubbing&Grading LS 1 $ 675,000.00 $ 675,000.00 2.4 Site Utilities- Elec,Wells,Septic,Fire Pump,Storm Water LS 1 $ 713,402.00 5 713,402.00 2.5 Paving and Sidewalks LS 1 $ 295,000.00 $ 295,000.00 2.6 Landscaping and Irrigation LS 1 $ 202,608.00 $ 202,608.00 2.7 Maintenance of Traffic for Driveway Construction in ROW LS 1 $ 5,000.00 $ 5,000.00 2.8 Fuel Tank,Piping,Foundation,Electrical LS 1 $ 22,500.00 $ 22,500.00 2.9 Antenna Tower LS 1 $ 56,300.00 $ 56,300.00 2.10 Surveying-Stake Out and As-Builts LS 1 $ 350,911.00 $ 350,911.00 2.11 Generator,Foundation,Piping,Transfer Switch LS 1 $ 260,000.00 $ 260,000.00 SITE WORK-TOTAL I$ 2,789,221.00I 3.0 BUILDING-Documents prepared by SchenkelShultz,BBM and Burgess Brant UNIT QTY COST TOTAL DIV 3.0 Concrete LS 1 $ 380,000.00 $ 380,000.00 DIV 4.0 Masonry LS 1 $ 335,000.00 $ 335,000.00 DIV 5.1 Miscellaneous Steel Framing LS 1 $ 53,500.00 $ 53,500.00 DIV 5.2 Steel Roof Trusses and Decking LS 1 $ 450,000.00 $ 450,000.00 DIV 6.1 Rough Carpentry LS 1 $ 17,600.00 $ 17,600.00 DIV 6.2 Millwork LS 1 $ 230,075.00 $ 230,075.00 DIV 7.1 Insulation LS 1 $ 55,000.00 5 55,000.00 DIV 7.2 Roofing LS 1 $ 350,000.00 $ 350,000.00 DIV 7.3 Weather Barrier LS 1 $ 15,000.00 $ 15,000.00 DIV 7.4 Miscellaneous Thermal and Moisture Protection LS 1 $ 17,500.00 $ 17,500.00 DIV 8.1 Doors,Storefront,Hardware,Windows,Louvers LS 1 $ 610,000.00 $ 610,000.00 DIV 9.1 Metal Framing and Drywall LS 1 $ 297,000.00 $ 297,000.00 DIV 9.2 Flooring,Walls and Ceilings LS 1 $ 610,400.00 $ 610,400.00 DIV 10 Specialties LS 1 $ 96,700.00 $ 96,700.00 DIV 11 Equipment LS 1 $ 126,600.00 $ 126,600.00 DIV 12 Furnishings LS 1 $ 96,800.00 $ 96,800.00 DIV 21 Fire Suppression LS 1 $ 85,700.00 $ 85,700.00 DIV 22 Plumbing LS 1 $ 300,900.00 $ 300,900.00 DIV 23 HVAC LS 1 $ 508,840.00 $ 508, 840.00 DIV 26 Electrical LS 1 $ 945,000.00 $ 945,000.00 DIV 27 Communitcations and Technology LS 1 $ 27,500.00 $ 27,500.00 DIV 28 Safety and Security/Fire Alarm LS 1 $ 110,000.00 $ 110,000.00 BUILDING-TOTAL I$5,719,115.00 I 4.0 FIELD LOCATED ITEMS BY ENGINEER DESCRIPTION OF WORK UNIT QTY UNIT PRICE TOTAL 1.0 Concrete sidewalk/equipment pads,4"thickness SF 500 $ 8.75 $ 4,375.00 2.0 Archontophoenix Alexandrae Palm,16'O.A.EA 5 $750.00 $ 3,750.00 3.0 Myrcianthes Fragrans,Min.2"Cal.,10'Ht.,4'Spread EA 5 $ 15.00 $ 75.00 4.0 Pinus Elliotti Densa,Min.2"Cal.,10'Ht.,4'Spread EA 5 $300.00 $ 1,500.00 CAO Page 2993 of 5415 IC 5.0 Chrysobalanus Icaco'Red Tip',3 gal.,24"Ht.EA 15 $ 14.00 $ 210.00 6.0 Muhlenbergia Capillaris,1 gal. EA 20 $ 8.00 $ 160.00 7.0 Duplex 110V Power Outlet,Coduit&Wire EA 7 $ 2,500.00 $ 17,500.00 8.0 Four Port Data Outlet,Back Box and Conduit EA 7 $ 1,200.00 $ 8,400.00 FIELD LOCATED ITEMS BY ENGINEER TOTAL $ 35,970.00 TOTAL BASE BID $ 9,254,056.00 5.0 OWNER'S ALLOWANCE*200,000.00 TOTAL BASE BID PLUS ALLOWANCE $ 9,454,056.00 BID ALTERNATE ADD ALTERNATE NO.1 UNIT QTY UNIT PRICE TOTAL Muhly Grass(preserve boundry) 1 GAL 1,300 $ 8.00 $ 10,400.00 TOTAL BASE BID PLUS ALLOWANCE PLUS ALTERNATE I$ 9,464,456.00 I Owner's Allowance is for Owner Use as Directed.This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed 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 Owner's Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. Vendor Check List YES/NO Bid Schedule YES Form 1: Bid Response Form YES Form 2: Contractor's Key Personnel Assigned to the Project YES Form 3: Material Manufacturers YES Form 4: List of Major Subcontractors YES Form 5: Statement of Experience of Bidder YES Form 6: Trench Safety Act YES Form 7: Bid Bond YES Form 8: Insurance and Bonding Requirements YES Form 9: Conflict of Interest Affidavit YES Form 10: Vendor Declaration Statement YES Form 11: Immigration Affidavit Certification YES Form 12:Bidder's Checklist YES Addendums YES E-Verify Profile Page or MOU YES Sun Biz YES W_9 YES Copy of Active FL General Contractor License YES Page 2994 of 5415 1 1 C EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM FOLLOWING THIS PAGE) 9 Construction Services Agreement:[2023_ver.2] CPS' Page 2995 of 5415 11c Email: matthew.catoe@colliercountyfl.gov Colter County Telephone: (239)252-6098 Procurement Services Division Addendum#1 Date: April 6,2023 From: Matthew Catoe,Procurement Strategist To: Interested Bidders Subject:Addendum #1 Solicitation#23-8105 -Collier County Fire and EMS Station 74 The following clarifications are issued as an addendum: Change 1. Pre-Bid meeting time rescheduled as follows: Pre-Bid Meeting Time: April 17,2023 at 10:00 AM—April 17,2023 at 11:00 AM If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above reference solicitation. fy51227a3 Signatt re) Date 1` en r\ C U(-}-i or) Name of Firm CAO Page 2996 of 5415 1 1 C 4,7 Email: matthew.catoe(cr colliercountyfl.gov Co#er County Telephone:(239)252-6098 Procurement Services(Division Addendum #2 Date: May 2,2023 From: Matthew Catoe,Procurement Strategist To: Interested Bidders Subject:Addendum#2 Solicitation#23-8105 -Collier County Fire and EMS Station 74 The following clarifications are issued as an addendum: Change 1. Revised 23-8105 Exhibit J Specs— 1.7—A: Warranty Addition: Warranty: High cycle life hardware warranty on all commercial applications;including track hardware,heavy-duty stainless-steel hinges,stainless steel sealed roller,high cycle galvanized springs as applicable by manufacturer), and high tensile aluminum alloy frame rails. Provide the standard Manufacturer's one year warranty for the door and the hardware components. Change 2.Revised 23-8105 Exhibit J Specs— 1.7—B: Special Finish Warranty Addition: B.Special Finish Warranty,Factory-Applied Finishes:2.Warranty Period: 10 years 3 years from date of Substantial Completion. Change 3.Revised 23-8105 Exhibit J Specs— 1.7—Warranty Addition: C. Provide a two-year manufacturer's warranty for the electric door operators. Change 4. Revised 23-8105 Solicitation—Liquidated Damages Addition:Owner shall be entitled to assess,as liquidated damages,but not as a penalty,three thousand, nine hundred and sixty six ($3,966.00)three thousand three hundred and five(S3.305.00)dollars for each calendar clay thereafter until Substantial Completion is achieved. Document Addition: 23-8105 Solicitation rev Document Deleted: 23 8105 Solicitation If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 177 L. 5 22J 23 Signature) Date l}\ O o oiA:S ' C` 7 cat 7 _- ___IAO Name of inn)Tinn) Page 2997 of 5415 1 1 C Email: Kristofer.lopez@colliercountyfl.gov Ci0 7e-r County Telephone:(239) 252-6098 Procurement Services Division Addendum #3 Date: May 17,2023 From: Kristofer Lopez, Procurement Strategist To: Interested Bidders Subject:Addendum #3 Solicitation#23-8105 -Collier County Fire and EMS Station 74 The following clarifications are issued as an addendum: CHANGES TO THE SPECIFICATIONS ITEM NO. I: SECTION 08 71 00—Door Hardware A. Replace the Section with Section 08 71 00 attached hereto. CHANGES TO THE DRAWINGS ITEM NO. 2: SHEET 0000—Cover Sheet A. Refer to the Electrical Sheet Index, Sheet Title. Replace"Varies"with the Sheet Titles at the following Drawing Sheet Numbers: E001 —Electrical Notes, Legends, and Details. E302—Power Riser Diagram and EPSS Specifications. B. Refer to the Fire Alarm Sheet Index, Sheet Title. Replace"Varies" with the Sheet Title at the following Drawing Sheet Number: FA 10l —Fire Alarm Site Plan and Riser Diagram. C. Refer to the Mechanical Sheet Index.Delete Drawing Sheet M202. ITEM NO. 3: SHEET G20I —Partition Types A. Add the following to the Insulation Schedule: FOAMED-IN-PLACE AT ALL EXTERIOR MASONRY WALLS—INSULATION REFER TO THE SPECIFICATIONS ITEM NO. 4: SHEET A161 —Finish Plan and Finish Schedule A. Refer to the Paint Schedule.Add"Lanai O-L Ceilings"to the PTL-5 Remarks ITEM NO. 5: SHEET A 17 I —Equipment Plan A. Revise"E-26"to "E-27"at Vestibule 106. ITEM NO. 6: SHEET A252—Interior Elevations—Restrooms A. Delete the shower rod and curtain shown in the interior elevations, except for Details L3, CAO Page 2998 of 5415 11c Schematic Detail. Detail moved to Sheet C5.2. C. Sheet C5.2—Details 1. Added Drawing Sheet. 2. Potable Wellhead Schematic Detail moved to the sheet. 3. Added EMS Fire Wellhead Cross Section Detail. ITEM NO. 14: SHEET AS002 -Architectural Site Details A. Refer to the Antenna Tower Specification. 1. Revise TIA/EIA reference from"ANSI TIA/EIA-222-G"to "ANSI TIA/EIA- 222-H"throughout the specification. 2. Revise the Tower Model from "RT050M"to "RTL050M". 3. Add the following to Paragraph 2.4: Design shall be for 50 sq. ft. EPA at the top of the tower." 4. Revise Paragraph 2.5 as follows: Design wind speed shall be 168 MPH." ATTACHMENTS: Door Hardware—Specification Section 08 71 00 Plumbing Fixture Schedule—Sheet P001 Plumbing Notes and Schedules Drawing Sheet A401 —Enlarged Floor Plans DRMP Drawing Sheet C3.0—Utility Site Plan DRMP Drawing Sheet C5.I —Details DRMP Drawing Sheet C5.2 Details END OF ADDENDUM 3 If you require additional information, please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 71 5/2-/e--/2-3 Signa cre) Date thWY___)11) COR5V1UCAIOn ---I--r\C,• Name of Fin ) CAO Page 2999 of 5415 1 1 C available for consultation to the architect, owner and the general contractor at reasonable times during the course of work. B. The finish hardware supplier shall prepare and submit to the architect six(6)copies of a complete schedule identifying each door and each set number,following the numbering system and not creating any separate system himself. He shall submit the schedule for review, make corrections as directed and resubmit the corrected schedule for final approval. Approval of schedule will not relieve Contractor of the responsibility for furnishing all necessary hardware, including the responsibility for furnishing correct quantities. C. No manufacturing orders shall be placed until detailed schedule has been submitted to the architect and written approval received. D. After hardware schedule has been approved, furnish templates required by manufacturing contractors for making proper provisions in their work for accurate fitting, finishing hardware setting. Furnish templates in ample time to facilitate progress of work. E. Hardware supplier shall have an office and warehouse facilities to accommodate the materials used on this project. The supplier must be an authorized distributor of the products specified. F. The hardware manufactures are to supply both a pre-installation class as well as a post- installation walk-thru. This is to insure proper installation and provide for any adjustments or replacements of hardware as required. 1.05 DELIVERY, STORAGE,AND HANDLING A. Wrap, protect finishing hardware items for shipment. Deliver to manufacturingcontractorshardwareitemsrequiredbythemfortheirapplication; deliver balance of hardware to job; store in designated location. Each item shall be clearly marked with its intended location. 1.06 WARRANTY A. The material furnished shall be warranted for one year after installation or longer as the individual manufacturer's warranty permits. B. Overhead door closers shall be warranted in writing, by the manufacturer,against failure due to defective materials and workmanship for a period of ten(10)years commencing on the Date of Final Completion and Acceptance, and in the event of failure, the manufacture is to promptly repair or replace the defective with no additional cost to the Owner. Page 3000 of 5415 1 1 C 2.05 LOCKSETS: A. Locksets shall be Heavy Duty Cylindrical type, unless specified otherwise, in"ND" series, lever design as manufactured by Schlage Lock. 1. Acceptable substitutions: A. None 2.06 EXIT DEVICES: A. All devices shall be Von Duprin 98 Series in types and functions specified. All devices must be listed under"Panic Hardware"in accident equipment list of Underwriters Laboratories. All labeled doors with"Fire Exit Hardware" must have labels attached and be in strict accordance with Underwriters Laboratories. B. All exit devices shall be tested to ANSI/BHMA A156.3 test requirements by a BHMA certified testing laboratory. C. All surface strikes shall be roller type and come complete with a plate underneath to prevent movement. And shall be provided with a dead-latching feature to prevent latchbolt tampering. 1. Acceptable Substitutions: A. Per Approved 2.07 DOOR CLOSERS: A. All closers shall be LCN 4000 series with slim cover having non-ferrous covers, steel arms separate valves for adjusting backcheck, closing and latching cycles and adjustable spring to provide up to 50% increase in spring power. Closers shall be furnished with parallel arm mounted on all doors opening into corridors or other public spaces and shallbemountedtopermit180degreesdoorswingwhereverwallconditionspermit. Furnish with non-hold open arms unless otherwise indicated. B. Door closer cylinders shall be of high strength cast construction to provide low wear operating capabilities of internal parts throughout the life of the installation.All doorclosersshallbetestedtoANSI/BHMA A156.4 test requirements by a BHMA certified testing laboratory. C. Door closers shall utilize temperature stable fluid capable of withstanding temperature ranges of 120 degrees Fahrenheit to-30 degrees Fahrenheit, without requiring seasonal adjustment of closer speed to properly close the door. Closers for fire-rated doors shall be provided with temperature stabilizing fluid that complies with the standards UBC 7-2 1997) and UL 10C. D. Door closers shall incorporate tamper resistant non-critical screw valves of V-slot design to reduce possible clogging from particles within the closer.Closers shall have separate and independent screw valve adjustments for latch speed,general speed,and hydraulic backcheck. Backcheck shall be properly located so as to effectively slow the swing of the door at a minimum of 10 degrees in advance of the dead stop location to protect the door frame and hardware from damage. Pressure relief valves(PRV) are not acceptable. 1. Acceptable Substitutions: A. Per Approved Page 3001 of 5415 1 1 C 3.04 KEY CABINET: A. Set up and index one(1)Key Cabinet that allows room for expansion for 150%of the number of keys for the project. 3.05 HARDWARE SCHEDULE: A. The following schedule is furnished for whatever assistance it may afford the contractor; do not consider it as entirely inclusive. Should any particular door or item be omitted in any scheduled hardware group, provide door or item with hardware same as required for similar purposes. Quantities listed are for each pair of doors; or for each single door. B. This hardware schedule prepared by. Allegion, PLC 3451 Technological Ave, Suite 7 Orlando FL 32817 Ph: 407-571-2000 Fax 407-571-2006 Page 3002 of 5415 11c Hardware Group No. 01 For use on Door#(s): Provide each PR door(s)with the following: QT DESCRIPTION CATALOG NUMBER ITEMI H FINIS MFR Y 6 EA HINGE 5BB1 4,5 X 4.5 NRP L 630 IVE 1 EA POWER TRANSFER EPT10 CON C> 689 VON 1 EA EXIT DEVICE EX76 CVR 630 ADA 1 EA EXIT DEVICE EX76 CVR Electric Trim N 630 ADA 1 EA RIM CYLINDER 20-057 ICX g 626 SCH 1 EA PRIMUS CORE 20-740-XP M 626 SCH 2 EA SURFACE CLOSER 4040XP SCUSH L 689 LCN 1 EA THRESHOLD 65A-223 g A ZER 2 EA WIRE HARNESS CON-32 N SCH OPENING TO COMPLY WITH FBC LEVEL E CARD READER AND POWER SUPPLY BY DIV.28 SECURITY SUB TO RELEASE ELECTRIC EXIT DEVICE TRIM FOR ACCESS SECURITY SUB TO COORDINATE WITH HARDWARE SUPPLIER BALANCE OF HARDWARE BY ALUM SUPPLIER Hardware Group No. 02 For use on Door#(s): Provide each SGL door(s)with the following: QT DESCRIPTION CATALOG NUMBER ITEMI H FINIS MFR Y 3 EA HINGE 5BB1 4.5 X 4.5 NRP L 630 IVE 1 EA POWER TRANSFER EPT10 CON IR:689 VON 1 EA EXIT DEVICE EX76 CVR Electric Trim fi 630 ADA 1 EA SURFACE CLOSER 4040XP SCUSH Lu,689 LCN 1 EA THRESHOLD 65A-223 N A ZER 1 EA WIRE HARNESS CON-12 X SCH OPENING TO COMPLY WITH FBC LEVEL ECARDREADERANDPOWERSUPPLYBYDIV.28 SECURITY SUB TO RELEASE ELECTRIC EXIT DEVICE TRIM FOR ACCESS SECURITY SUB TO COORDINATE WITH HARDWARE SUPPLIER BALANCE OF HARDWARE BY ALUM SUPPLIER Page 3003 of 5415 d Hardware Group No. 05 For use on Dnnr#(n): Provide each SGLdoor(a)with the following, QT DESCRIPTION CATALOG NUMBER TEK8| FINIS 01FR Y O H 3 EA HINGE 58B1 4.5X4.5 9 662 |VE 1 EA INSTITUTION LOCK ND82JDRHO N 628 SCH 1 EA PR|K8USCORE 20'740-KP It 626 SCH 1 EA ELECTRIC STRIKE G211FSE CON i2/16/24/2D 0W // 630 VON VAC/VDC 1 EA SURFACE CLOSER 4040XPRW/PA 689 LCN 1 EA KICK PLATE 840010"X2'' LDVV8'CS 630 \VE 1 EA WALL STOP VVS400/407CCV 630 |VE 1 EA GASKET|N8 188SBKPSA Ike BK ZER 1 EA WIRE HARNESS CON'102 SCH CARD READER BY DiV 28 SECURITY SUB TO RELEASE ELECTRIC LOCK FOR ACCESS SECURITY SUB TO SUPPLY P0VVERGUPPLYANDC0ORD|NATEVV|THHARDVVARESUPPL|ER Hardware Group No. OO For use oo Door#(o): Provide each SGL door(o)vvidh the following: QT DESCRIPTION CATALOG NUMBER TENl| FINIS MFR Y D H 3 EA HINGE 5681 4, 5 X4.5 652 |VE i EA STOREROOM LOCK ND80JDRHO 020 SCH 1 EA PR\N1UGCDRE 20'740-XP 628 SCH 1 EA SURFACE CLOSER 4040XPRW/PA 689 LCN 1 EA KICK PLATE 8400 10^ X2" LDVVB-CS ME.830 |VE 1 EA WALL STOP VV8400407CCV It 630 |VE 1 EA GASKET|NG 188S8KPSA M BK ZER Hardware Group No. 0T For use on Door#(n): Provide each S8Ldoor(o)with the following: QT DESCRIPTION CATALD(] NUK BER TEK8| FINIS N1F D H Y 3 EA HINGE 5881 4.5 X4.5 U 062 |VE 1 EA CU\SSROOKALOCK ND70JDRH{) N 62O SCH 1 EA PR|K4USC0RE 20'740'XP 0 82O SCH 1 EA SURFACE CLOSER 4U4OXPR PA N O89 N 1 EA KICK PLATE 8400 10''X2^ LDVVB-CS IR 830 NE 1 EA WALL STOP VVS400407CCV N 030 |VE 1 EA GASKET|NG 180GBKPSA b,BK ZER Page 3004 of 5415 1 i c Hardware Group No. 12 For use on Door#(s): Provide each SGL door(s)with the following: QT DESCRIPTION CATALOG NUMBER ITEMI FINIS MFR Y D H 3 EA HINGE 5BB1 4. 5 X 4.5 L 652 IVE 1 EA PRIVACY LOCK ND4OS RHO Imo'"626 SCH 1 EA SURFACE CLOSER 4040XP RW/PA e 689 LCN 1 EA WALL STOP WS406/407CCV L 630 IVE 1 EA GASKETING 188SBK PSA BK ZER Hardware Group No. 13 For use on Door#(s): Provide each SGL door(s)with the following: QT DESCRIPTION CATALOG NUMBER ITEMI FINIS MFR Y D H 3 EA HINGE 5BB1 4.5 X 4.5 L 652 IVE 1 EA PASSAGE SET ND10S RHO ig 626 SCH 1 EA SURFACE CLOSER 4040XP RW/PA L 689 LCN 1 EA KICK PLATE 8400 10"X 2" LDW B-CS V':630 IVE 1 EA WALL STOP WS406/407CCV L 630 IVE 1 EA GASKETING 188SBK PSA L BK ZER Hardware Group No. 14 For use on Door#(s): Provide each RU door(s)with the following: QT DESCRIPTION CATALOG NUMBER ITEMI FINIS MFR Y NOTE HARDWARE BY DOOR BYO MANUF. 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F., F, , , , 11 CAO Page 3007 of 5415 11C Email: Kristofer.lopez@colliercountyfi.gov CO -rer County Telephone:(239)252-8375 Procurement Services Division Addendum#4 Date: May 19,2023 From: Kristofer Lopez,Procurement Strategist To: Interested Bidders Subject:Addendum#4 Solicitation#23-8105 Collier County Fire and EMS Station 54 The following clarifications are issued as an addendum: Change I: As reads:Bid opens on May 22,2023 @ 3:00 PM No reads: Bid opens on Mav 30,2023 @ 3:00 PM 2. Pre Bid Sign In Sheet uploaded. If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. n/z.2_/2_s Signat ire) Date CCf Cf Name of Firm) C AO Page 3008 of 5415 1 1 C I rsial00mow ' 2 f rilbr l;a 5 "IL a• lb C 4L t•-Fr i P , 46 z -.- t , vol 0 a eye 0.1 w1 v L. s U c O ) tn W ;, s V a J -r v z W a,." to a o e l \1 \J use7,3 Fr W x.a. c,. s I 40 -..g 1.. •F':) ,A1 fI! u s, o 1 Page 3009 of 5415 1 1 C FORM 1-BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA COLLIER COUNTY FIRE AND EMS STATION 74 BID NO.23-8105 Full Name of Bidder Rycon Construction,Inc. Main Business Address 11215 Metro Parkway,Suite 2,Fort Myers,FL 33966 Place of Business 11215 Metro Parkway,Suite 2,Fort Myers,FL 33966 Telephone No. 239-365-2100 Fax No. N/A State Contractor's License# CGC1506050 State of Florida Certificate of Authority Document Number F07000001732 Federal Tax Identification Number 25-1601544 DUNS# 60-318-0118 CCR# 4G7Y0 Cage Code 4G7Y0 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA hereinafter called the Owner) The undersigned,as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefullyexaminedthelocationoftheproposedWork,the proposed form of Agreement and all other Contract Documents and Bonds,and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the BiddingDocuments, to provide all necessary machinery, tools, apparatus and other means of construction, including utilityandtransportationservicesnecessarytodoalltheWork, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract,and to do all other things required of the Contractor by the Contract Documents,and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points,and in the case where further decimal points are inadvertently provided,rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten(10)calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents.The bid security attached is to become the property of the Owner in the event the Agreement,Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the Construction Solicitation Doc rev 04152022 CAS Page 3010 of 5415 1 1 C above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates,and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order,the undersigned proposes to commence work at the site within five(5)calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing,subsequently notifies the Contractor of a modified (later)commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within four hundred and fifty-five 455)consecutive calendar days,computed by excluding the commencement date and including the last day of such period,and to be fully completed to the point of final acceptance by the Owner within sixty(60)consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Sign e.Sig r : r Title: Matt Mastrofrancesco-VP of Construction-Fort Myers Date: 05/30/2023 Construction Solicitation Doc rev 04152022 CN° Page 3011 of 5415 11C FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT COLLIER COUNTY FIRE AND EMS STATION 74 BID NO.23-8105 Name Personnel Category Mike Smith Construction Superintendent Julie Irvin Project Manager Construction Solicitation Doc rev 04152022 Page 3012 of 5415 1 1 C FORM 3-MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications,including compliance with Florida Statute 255.20 to provide lumber,timber,and other forest products produced and manufactured in the State of Florida as long as the price, fitness, and quality are equal. Exceptions when equals are acceptable)may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager,Bidder shall furnish the manufacturer named in the specification.Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A(Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Rycon Construction,Inc. 7')3 Signature: I Date: 05/30/2023 Section B(Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER I. NA NA 2. 3. 4. 5. Please insert additional pages as necessary. Company: Rycon Construction,Inc. 7 05/30/2023Signature: I Date Construction Solicitation Doc rev 04152022 Page 3013 of 5415 11C FORM 4-LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are"qualified"(as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders)and meet all legal requirements applicable to and necessitated by the Contract Documents,including,but not limited to proper licenses, certifications, registrations, and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer.Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor,at no additional cost to Owner,which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents,the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical 305 Power 2. Mechanical O&M 3. Plumbing Professional Plumbing 4. Site Work Bluewater of South Florida 5. Identify other subcontractors that represent more than 10% Garcia Concrete of price or that affect the critical path of the schedule Company: Rycon Construction,Inc. T/1` ""Date: 05/30/2023Signature: Matt Mastrofrancesco,VP of Construction-Fort Myers Construction Solicitation Doc rev 04152022 CAO Page 3014 of 5415 11c FORM 5-STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. The Bidder is required provide five(5)project references,stated below,of what work of similar magnitude completed within the last five(5)years is a judge of its experience,skill,and business standing,and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. Brimfield Fire Department& Township Administrative Building Brimfield Township,OH project name) project owner) 1333 Tallmadge Road,Kent,OH 44240 1333 Talmadge Road,Kent,OH 44240 project location) Owner's address) A 17,400 sq.ft.two-story expansion with three(3)new apparatus bays&renovations to 9,100 sq.ft.of space. Craig Mullaly Chief project description) Owner's contact person)title) 08/2021-Anticipated 12/2023 $8,174,300 330-678-9244 cmullalyAbrimfieldohio.gov project start/completion dates) (contract value) (phone) email) 2. Pitt Ohio Terminal Pitt Ohio project name) project owner) 5570 Chevrolet Blvd.,Parma,OH 44130 5570 Chevrolet Blvd.,Parma,OH 44130 project location) Owner's address) This new,113,00 sq.ft.pre-engineered metal building with CFMF/brick veneer holds 130 truck bays. Michael Todd Terminal Manager project description) Owner's contact person)title) 04/2018-06/2019 21,200,000 1-800-241-1222 mtoddApittohio.com project start/completion dates) (contract value) (phone) email) 3. Harrison County WV General Services Building Harrison County WV Commission project name) project owner) 229 South 3rd Street,Clarksburg,WV 26301 301 W.Main Street,3rd Floor,Clarksburg,WV 26301 project location) Owner's address) New 72,000 sq.ft.administrative annex. Laura Pysz-Laulis Harrison County WV Administrator project description) Owner's contact person)title) 08/2020-10/2022 15,496,000 304-624-8500 N/A project start/completion dates) (contract value) (phone) email) Construction Solicitation Doc rev 04152022 CAO Page 3015 of 5415 1 1 C FORM 5-STATEMENT OF EXPERIENCE OF BIDDER 4. Pepper Pike OH Service Building Addition&Reno City of Pepper Pike OH project name) project owner) 28000 Shaker Boulevard,Pepper Pike,OH 44124 28000 Shaker Boulevard,Pepper Pike,OH 44124 project location) Owner's address) New 5,600 sq.ft.addition to the Pepper Pike Service Department.Also included upgrades to the existing facility. Richard Bain Mayor project description) Owner's contact person)title) 09/2020-04/2021 1,769,328 216-896-6126 N/A project completion date) (contract value) (phone)email) 5. Pepper Pike OH Police Station City of Pepper Pike OH project name) project owner) 28000 Shaker Boulevard,Pepper Pike,OH 44124 28000 Shaker Boulevard,Pepper Pike,OH 44124 project location) Owner's address) A 5,200 sq.ft.interior reno of an existing police station. Karl Dietz Chief project description) Owner's contact person)title) 03/2022-08/2022 1,206,825 216-831-1424 kdietz@pepperpike.org project completion date) (contract value) (phone) email) Company: Rycon Construction,Inc. Date: 05/ 22/ 23 Signature: Construction Solicitation Doc rev 04152022 Page 3016 of 5415 I 1 C FORM 6-TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act(90- 96,Laws of Florida)effective October 1, 1990.The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure Quantity Cost Description)LF,SY) I. Floida Code 11,570 11,570 2. J. 4. 5. TOTAL $ $ 11,570 Company: Rycon Construction,Inc. Date: 05/ 30/2023 Signature:Matt Mastrofrancesco,VP of Construction-Fort Myers Construction Solicitation Doc rev 04152022 CAO Page 3017 of 5415 I 1 C FORM 7-BID BOND THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we Rycon Construction, Inc. 2501 Smailman Street Suite 1Q0,Pittsburgh,PA 15222 herein after called the Principal) and Fidelity and Deposit Comps of Ma gland , (herein called the Surety), a corporation chartered and existing under the laws of the State of,___IL with its principal offices in the city of Schaumburg, IL and authorized to do business in the State of FL are held and firmly bound unto the Board of County Commissioners, Collier County, FL (hereinafter called the Owner),in the full and just sum of Five Percent_of Atno.unLBid dollars($ 5% good and lawful money of the United States of America,to be paid upon demand of the Owner,to which payment well and truly to be made,the Principal and the Surety bind themselves,their heirs,and executors,administrators,and assigns,jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor,materials, equipment,and incidentals necessary to furnish,install,and fully complete the Work on the Project known as Bid No. 23-8105 Collier County Fire and EMS Station 74. NOW,THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid,and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or,in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,and deliver to Owner the required Five Percent of Amount Bid certificates of insurance,if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$ts ) noted above as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall be null and void,otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 28th day of April 20 23 . Rycon Construction, c. Principal BY c'` Seal) Fidelity and Deposit Company of Maryland Surety V Seal) Abtbi ayle tmkin,A o ey-n act Countersigned N/A Appointed Producing Agent for N/A CAO Page 3018 of 5415 1 1 C ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Ryan BURKE,James L.BLY,Andrew BLY,Pamela L.NUNEZ,Daniel A.PAPAJCIK,Abigayle SIMKIN of Pittsburgh, Pennsylvania,its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 18th day of October,A.D.2022. IfJ$V Pt?gy4 it.1ort,r`"` q' ?E, SEAL , 5 (0°SEAL" "SEAL")e fit. I r 0,7 . a., r..,,1un.,. av ,,,AK,v, "µ" r,, ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President By: Dawn P..Brown Secretary State of Maryland County of Baltimore On this 18th day of October, A.D.2022, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert 1). Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. 0011)10,, Constance A.Dunn,Notary Public i• t>n);i40 My Commission Expires:July 9,2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 CAO Page 3019 of 5415 1 1 C EXTRACT FROM BY-LAWS OF THE COMPANIES Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF'MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 28th day of April 2023 00011411,6 q.YOq^Y'iz 3 OPT r R G p.'' SEAt_'SEAL ` a SAI\ l/19 l(?. -it.torL., By: Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 Ph: 800-626-4577 If your jurisdiction allows for electronic reporting of surety claims,please submit to: reportsfclaims@zurichna.com Authenticity of this bond can be confirmed at bondvalidator.zu rich na.com or 410-559-8790 CAO Page 3020 of 5415 11c FORM 8-INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required,to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant,Subcontractors,agents,and employees of each and all of them,all damages covered by property insurance provided herein,except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County",or the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below-listed minimum required coverage,Vendor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. CoverageW shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner,within twenty-four(24)hours after receipt,of any notices of expiration,cancellation,non- renewal or material change in coverage or limits received by Vendor from its insurer, and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder,Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s)required herein,the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverage,(s,)purchased. If Vendor fails to reimburse the County for such costs within thirty (30)days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor.The County shall be under no obligation to purchase such insurance,nor shall it be responsible for the coverages,)purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages,)shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. CAO Page 3021 of 5415 11C Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required.Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption.An application for exemption can be obtained online at https://apps.tldfs.com;bocexempt/ 2. ® Employer's Liability $_1,000, 000_single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form)patterned after the $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily current ISO form Injury Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend,indemnify and hold harmless Collier County,its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ®Automobile Liability $_1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired;Automobile Included 6. Other insurance as Watercraft Per Occurrence noted: United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Per Occurrence Pollution Per Occurrence Professional Liability $Per claim &in the aggregate Project Professional Liability Per Occurrence O Valuable Papers Insurance Per Occurrence Cyber Liability Per Occurrence 0 Technology Errors&Omissions $ Per Occurrence CAO Page 3022 of 5415 1 1 C 7. ®Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ®Performance and For projects in excess of$200, 000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100%of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide,published by A.M.Best Company,Inc.of 75 Fulton Street,New York,New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. i/ Collier County must be named as"ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required.This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County. The Certificates of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East,Naples, FL 34112 13. ® Thirty(30)Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG—3/6/23 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six(6)months from the date of award. CAO Page 3023 of 5415 1 1 C Co ier County Procurement Services Division FORM 9—CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules—The firm has not set the"ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement)which appears to skew the competition in favor of my fine. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit,the contractor/vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above- mentioned project;and, 2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non- public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified,may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below,the firm(employees,officers and/or agents)certifies,and hereby discloses, that,to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Rycon Construction,inc. Company Name Signature Matt Mastrofrancesco,VP of Construction-Fort Myers Print Name and Title State of Florida County of Lee The foreo ng instrument was acknowledged bef r me by means of physical presence Qr 0 online notarization, this day of ; N month), Zo1.5 (year),by L. 1. )ri name of person acknowledging). Signature of Not ib is State o Florida) Print,Type,or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced SICAIIO Notary JES Public,StateCAPRof Florida fie..._, Commission No.HH 390950 My Commission Expires:4/25/2027 Page 3024 of 5415 11e COIL County Procurement Services Division FORM 10—VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples,Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Vendor hereby declares the instructions,purchase order terms and conditions,requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees,if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further,the vendor agrees that if awarded a contract for these goods and/or services,the vendor will not be eligible to compete,submit a proposal,be awarded,or perform as a sub- vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this 30 day of May 2023 in the County of Lee in the State of Florida Firm's Legal Rycon Construction,Inc. Name: Address: 11215 Metro Parkway,Suite 2 City,State,Zip Fort Myers,FL, 15122 Code: Florida F07000001732 Certificate of Authority Document Number Federal Tax 25-1601544 Identification Number 4G7Y0 CCR#or CAGE Code Only if Grant Funded Telephone: 239-365-2100 Email: mmastrogaryconinc.com Signature by: 11 Typed and written) Title: Matt Mastrofrancesco,VP of Construction-Fort Myers CAO Page 3025 of 5415 1 1 C Additional Contact Information Send payments to: Rycon Construction,Inc. required if different Company name used as payee from above) Contact name:Dena DiVirgilio Title: AP/AR Manager Address: 2501 Smallman Street,Suite 100 City,State,ZIP Pittsburgh,PA 15222 Telephone: 412-392-2525 ddivirgilio@ryconinc.com Email: Office servicing Collier Rycon Construction,Inc. County to place orders required if different from above) Contact name: Matt Mastrofrancesco Title: VP of Construction-Fort Myers Address: 11215 Metro Parkway,Suite 2 City,State,ZIP Fort Myers,FL, 15122 Telephone: 239-365-2100 Email:mmastro@ryconinc.com Secondary Contact for Chris Hawkins this Solicitation: Email:chawkins@ryconinc.com Phone: 239-365-2100 CAO Page 3026 of 5415 1Ic Co per County Procurement Services Division FORM 11-IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five(5)day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR NON-RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers,constituting a violation of the employment provision contained in 8 U.S.C.Section 1324 a(e) Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes C448.095,and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Rycon Construction,Inc. Company Name Signature Matt Msstrofrancesco,VP of Construction-Fort Myers Print Name and Title State of Florida County of.Lee The fore oyng instrument was acknowledged before me by means of ph sical resence r 0 online notarization, this To-day of ( (month), ?O2. (year),by name of person acknowledging). ignature o of r ub' - ate of lorida) Print,Type,or Stamp Commissioned Name of Notary Public) Personally Known R Produced Identification Type of Identification Produced y,.w„.JESSICA L CAPRIO Notary Public,State Of Florida Commission No.HH 390950 My Commission Expires:4/25/2027 CAO Page 3027 of 5415 lie FORM 12-BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which arc included in the Bidding Documents. Please read carefully,sign in the spaces indicated and return with your Bid. FAILURE TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON- RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings,descriptive literature,etc.have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form(Form 1) b. Contractors Key Personnel(Form 2) c. Material Manufacturers(Form 3) d. List of Major Subcontractors(Form 4) e. Statement of Experience(Form 5) f. Trench Safety Act(Form 6) g. Bid Bond Form(Form 7) h. Insurance and Bonding Requirements(Form 8) i. Conflict of Interest Affidavit(Form 9) j. Vendor Declaration Statement(Form 10) k. Immigration Law Affidavit Certification(Form 11)MUST be signed and attached with your submittal. 1. Signed Grant Provisions and Assurances package in its entirety,if applicable,are executed and should be included with your submittal. 9. Copies of required information have been attached a. Business tax Receipt(Collier County Businesses Only) b. Company's E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida(sunbiz.org) d. Copy of valid and current Florida General Contractor's License e. Any required professional licenses—valid and current(myfloridalicense.com) i.e.,Underground Utility and Excavation,Builders,Trade Contractors, etc.,as applicable,requested and/or required.) f. Vendor W-9 Form 10. If required,the amount of Bid bond has been checked,and the Bid bond or cashier's check has been submitted. l 1. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time,otherwise the Bid cannot be considered. CAO Page 3028 of 5415 11C 2023 FOREIGN PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# F07000001732 Jan 27, 2023 Entity Name: RYCON CONSTRUCTION, INC. Secretary of State 3462592238CC Current Principal Place of Business: 2501 SMALLMAN STREET SUITE 100 PITTSBURGH, PA 15222 Current Mailing Address: 2501 SMALLMAN STREET SUITE 100 PITTSBURGH, PA 15222 US FEI Number: 25-1601544 Certificate of Status Desired: No Name and Address of Current Registered Agent: C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title CEO Title CFO Name SABATOS,JOHN W Name GRING,GRETCHEN C Address 2501 SMALLMAN STREET Address 2501 SMALLMAN STREET SUITE 100 SUITE 100 City-State-Zip: PITTSBURGH PA 15222 City-State-Zip: PITTSBURGH PA 15222 Title COO,SECRETARY,PRESIDENT FL DIVISION Name MONTEZ,KEVIN Address 15471 SW 12TH STREET SUITE 205 City-State-Zip: SUNRISE FL 33326 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made underoath;that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:GRETCHEN GRING CFO 01/27/2023 Electronic Signature of Signing Officer/Director Detail Date CAO Page 3029 of 5415 11c x I H C7 Z 0 cu uCU n W 8 i 1 W ce 1— o Lti 1-O o 1 aco ii, D a Z (7a ooowv) N u V) ci) Q UON H a V J Z N M u 1 1 1 p cn O_ cnQ U o O GC Z L H H a c Taw J Z E - E W W o O Q w CLaz cu o W N 0 0 a Z o o c W Z U = Z chi, W Z v Z Ul m W o j H Z Z U Z p Z O u AN _O H.a Na u CO ~ z J W > 0 1 u- D J O 0 Ln O oC w 7 Z > H a1""' F 6 E Z Z 0 2 oo 0 w CI-1 7 V I m La 1- o Q 4 Aity iv 1,5, . 11 ' 4" ---* Eilkii."0.. , 1 ff.,. ., q t{ ,i ,,,, , , 4,„ ,,.., ,,,,,,,, 04, . . , tip4vtii, og it psi J L.. 4 i II CAO Page 3030 of 5415 11C 6/27/23,1:48 PM My Company Profile I E-Verify Ri An official website of the United States government Here's how you know E-Verify Menu ii Account My Company Profile Company Information Company Name Rycon Construction, Inc. Doing Business As (DBA) Name Rycon Construction, Inc. Company ID 603508 Enrollment Date Sep 26, 2012 Employer Identification Number (EIN) 251601544 Unique Entity Identifier (UEI) DUNS Number 603180118 Total Number of Employees 500 to 999 NAICS Code https://everify.uscis.gov/account/company/profile 1/3 Page 3031 of 5415 6/27/23, 1:48 PM My Company Profile I E-Verify 236 Sector Construction Subsector Construction of Buildings Edit Company Information Employer Category Employer Category None of these categories apply Edit Employer Category Company Addresses Physical Address 2501 Smallman Street Suite 100 Pittsburgh, PA 15222 Mailing Address Same as Physical Address Edit Company Addresses https://everify.uscis.gov/account/company/profile 2/ Page 3032 of 5415 11C 6/27/23, 1:48 PM My Company Profile I E-Verify Hiring Sites Number of Sites 9 Edit Hiring Sites Company Access and MOU My Company is Configured to: Verify Its Own Employees Memorandum of Understanding View Current MOU U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Accessibility_ Plug-ins Site Map https://everify.uscis.gov/account/company/profile 3/ T AO Page 3033 of 5415 11C Form W 9 Request for Taxpayer Give Form to the Rev.October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Rycon Construction,Inc, 2 Business name/disregarded entity name,if different from above M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to mfollowing seven boxes. certain entities,not individuals;see o_ instructions on page 3): Gp Individual/sole proprietor or E C Corporation 0 S Corporation Partnership Trust/estate tli single-member LLC Exempt payee code(if any) uE Limited liability company.Enter the tax classification(C=C corporation,S= S corporation,P=Partnership)P. p ., Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting c LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) E another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that a u k is disregarded from the owner should check the appropriate box for the tax classification of its owner. y Other(see instructions)Applies to accounts maintained outside the U.S.) N 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) 8 2501 Smallman Street,Suite 100 CD 6 City,state,and ZIP code Pittsburgh,PA 15222 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number 1 backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN, later, or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 2 5 — 1 6 0 1 5 4 4 Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured prop ncellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and divid(e///nnnddd.'''you are of req/uli d to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of i rl((iHereU.S.person y' i Date 09/07/23 General Instructions 1 t Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal venue Code unless otherwise Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. Form 1099-S(proceeds from real estate transactions) Purpose of Form Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number Form 1099-C(canceled debt) SSN),individual taxpayer identification number(ITIN),adoption Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) CAO Page 3034 of 5415 11C EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Mike Smith Construction Superintendent Julie Irvin Project Manager 10 Construction Services Agreement:[2023_ver.2] Page 3035 of 5415 1' !:1 iC EXHIBIT B-1: PUBLIC PAYMENT BOND Bond No. 09444108 Contract No. 23-8105 KNOW ALL MEN BY THESE PRESENTS: That Rycon Construction, Inc. 2501 Smallman Street, Suite 100, Pittsburgh, PA 15222 3s Principal, and Fidelity and Deposit Company of Maryland as Surety, located at 1299 Zurich Way, 5th Floor, Schaumburg, It 60196-1056 Business Address) are held and firmlymy bound to The Board of County Commissioners of Collier County,Florida as Obligee in the sum of Nine Million Four Hundred Sixty Four Thousand Four Hundred Fifty Six and 00/100 ($9,464,456.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of .Jitri r920:°• r with Obligee for Collier County Fire and EMS Station 74,Invitation to Bid No.23-8105 tt in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 4th day of December 20 23 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 11 Construction Services Agreement:[2023_vr'r.21 Page 3036 of 5415 11C Signed, sealed and delivered in the presence of: PRINCIPAL Rycon Construction, Inc. Ltjt.. BY Witne ses as to Principal NA c, c ITS: STATE OF t'r_I\1\S``Uc1 ct COUNTY OF Nllrs n IA Ali The foregoing instrument was acknowledged before me by means of 5 physical presence or 0 online notarization, this 4th day of December 20 23 , by as C L. b of Rycon Construction, Inc. a Pennsylvania corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: CAL. . SigCommonwealthofPennsylvania-Notary Seal re of Notary Public) DanielleAult,Notary Public t\ 1AlleghenyCountyNAME: 1 )a1t My commission expires November 23,2024 Commission number 1379883 Legibly Printed) Member,Pennsylvania Association of Notaries AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: Fidelity and Deposit Company of Maryland Printed Name) 1299 Zurich Way 5th Floor Schaumburg, IL 60196-1056 Business Address A,ithorized Signature) Witnesses to Surety Printed Name) 12 Construction Services Agreement.j2023_yer.2j Page 3037 of 5415 tic OR As Attorney i act Attach Powe f Attorney Geno DiMillo, Witness Andrew Bly,Attorney-in-Fact Witnesses Printed Name) Alliant Insurance Services, Inc. 1501 Reedsdale Street, Suite 3005 Pittsburgh, PA 15233 Business Address) 412) 522-4550 Telephone Number) STATE OF COUNTY OF Please see attached Surety Notary Acknowledgment The foregoing instrument was acknowlecge i oefore me by means of physicu prresence or El online notarization, this day of 20 by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath_ My Commission Expires: Signature of Notary Public) Name: Legibly Printed; s_--- AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 13 Constvctlon Services Agreement:[2423_ver.21 Page 3038 of 5415 ALL-PURPOSE ACKNOWLEDGMENT State of Maryland ss County of Harford ) On 9Jetew, y 1ec) before me, Michele Alban, Notary Public, personally appeared Andrew Bly, Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the person{}whose name{-s-}is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity{ics}, and that by his/her/thcic signatures}on the instrument the person{-s-}, or the entity upon behalf of which the person{s) acted, executed the instrument. WITNESS my hand and official seal. Signature: i .t if (bk-Lik--- Seal) ry -ublic-Sfate E of LeA Maryland Michele Alban, Notary Public Harford County Commission Expires 05/07/2027CcnirassionExpiresMay7, 2027 Page 3039 of 5415 tic ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITYANDDEPOSITCOMPANYOFMARYLANDacorporationoftheStateofIllinois(herein collectively called the"Companies"),by RobertD.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint James L.BLY,Andrew BLY,Pamela L.NUNEZ,Daniel A.PAPAJCIK,Abigayle SIMKIN,Ryan BURKE,Emily WILSON of Pittsburgh,Pennsylvania, its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,oftheBy-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 29th day of August,A.D.2023. f, IN,„' c'swvty agdS ``,r ,.N INosu.. r 'eOkt,cam=- a$ es 047:tos d Q,Pn 1,': m a SZ o to p is U° m B--u SEAL /=y SEAL _t SEAL .c x. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By:: Robert D.Murray Vice President By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 29th day of August, A.D.2023, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison V.E n99 GENEVIEVE M.MAISON =r"•.,,,PueLIG hZ= NOTARY PUBLIC v`f,°o^/2i`'L 9.BALTIMORE COUNTY,MD Y;-,O..arMyCommissionExpiresJANUARY27,2025 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Page 3040 of 5415 EXTRACT FROM BY-LAWS OF THE COMPANIES Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any suchattorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at anytime." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,oftheBy-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th day of December , 2023 • yau,,,,,,p u , Ski,f agualfy ,,. cs INsoli' ;,``"Deit con:, 03 ON sI °SEAL ' ±5 vSEALm °- ``. SEAL- m= F ,: h,,,,,,,,u„`;, ''',,,kF,'„'„v°"K`d````` '''ii,,, ,,..„ Os I I1„,l G'' oPrey Thomas O.McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 reportsfclai ms c zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Page 3041 of 5415 11C EXHIBIT B-2: PUBLIC PERFORMANCE BOND Bond No, 09444108 Contract No, .23-81.0i5 KNOW ALL MEN BY THESE PRESENTS: That Rycon Construction, Inc., 2501 Smallman St. Suite 100, Pittsburgh, PA 15222 as Principal and Fidelity and Deposit Company of Maryland as Surety: located at 1299 Zurich Way, 5th Floor, Schaumburg, IL 60196-1056 Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, Florida, as Obligee in the sum of Nine Million Four Hundred Sixty Four Thousand Four Hundred Fifty Six and 00/100 9,464,456.00 )for the payment whereof we bond ourselves,our heirs,executors, personal representatives, successors and assigns jointly and severally. WH REAS, Principal has entered into a contract dated as of the 7 day of Q n U a N 20 2 , with Obligee for Collier County Pire and EMS Station 74, Invitation to Bid No. 23-8105 in accordance with drawings and specifications. which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2, Pays Obligee any and all losses,damages,costs and attorneys'fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3: Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety,for value received, hereby stipulates and agrees that no changes,extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is express y understood that the time provisions and statute of limitations under Section 255.C5, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee, IN WITNESS WHEREOF, the above parties have executed this instrument this 4th day of December 20 23 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governir.g body. 14 Construction Serv.ces Agreement:t2023_ver.21 Page 3042 of 5415 11C Signed, seated and delivered presence of: PRINCIPAL U lLo on- I..Ain A BY: E111111110.1.114 Q I .:.• Witnesses as to Principal NAME: ITS: ""lw STATE OF QPi‘S uGo COUNTY OF i\11J`tI. The foregoing instrument was acknowledged before me by means of physical presence or C; online notarization, this 4th _ day of December 20 23 , by c\\,\ c)obo,,tt , as C CC of Rycon Construction, Inc. a Pennsyyania corporation, on behalf of the corporation, He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: i j Commonwealth of Pennsylvania-Notary Seal Signature of Notary Public) Danielle Ault,Notary Public Allegheny County Name: I\C IMycommissionexpiresNovember23,2024Commissionnumber1379883 Member,Pennsylvania Association of Notaries Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of: PA- Commission No i.17%1 3 15 onstruclion Services Agreement t2023_ver.21 Page 3043 of 5415 ATTEST: SURETY- Fidelity and Deposit Company of Maryland Printed Name) 1299 Zurich Way 5th Floor Schaumburg, IL 60196-1056 Business Address) Authorized Signature) Witnesses as to Surety Printed Name) OR Lam---- r1....- As Attorney in Fa Attach Power o Attorney) Geno DiMillo, Witness Andrew Bly,Attorney-in-Fact Witnesses Printed Name) Alliant Insurance Services, Inc. 1501 Reedsdale Street, Suite 3005 Pittsburgh, PA 15223 Business Address) 412)522-4550 Telephone Number) STATE OF COUNTY OF Please see attached Surety Notary Acknowledgment The foregoing instrument was acknowledged before me by means of ] physical presence or El online notarization, this day of 20 by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires Signature of Notary Public) Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 16 Ccnstructicn Services Agreement i2O23_ver.21 Page 3044 of 5415 11c ALL-PURPOSE ACKNOWLEDGMENT State of Maryland ss County of Harford ) On D:e.tAbv-/ t` before me, Michele Alban, Notary Public, personally appeared Andrew Bly, Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the person-(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/ trey executed the same in his/her/their authorized capacity-0-es), and that by his/her/their signature(-s-)on the instrument the person¢), or the entity upon behalf of which the person{-&}acted, executed the instrument. WITNESS my hand and official seal. Signature: 4/1 Seal) 7,:_ Michele Notary PubliciELEAl.BA9v Alban, b -State of Maryland Commission Expires 05/07/2027ordCounty s Expires May 7, 2027 Page 3045 of 5415 1 1 C ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint James L.BLY,Andrew BLY,Pamela L.NUNEZ,Daniel A.PAPAJCIK,Abigayle SIMKIN,Ryan BURKE,Emily WILSON of Pittsburgh,Pennsylvania, its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 29th day of August,A.D.2023. L GOPPO ym :: •'`'S eyO '. 'or PPO E. SEAL SEAL , s`11 SEAL m%'Is ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President cuv7L yu> By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 29th day of August, A.D.2023, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison GENEVIEVE M.MAISON =gy m PuauC- z_ NOTARY PUBLIC v`R% BALTIMORE COUNTY,MD CO N`‘My Commission Expires JANUARY 27,2025 ,,,,, ` Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Page 3046 of 5415 11c ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of NewYork,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITYANDDEPOSITCOMPANYOFMARYLANDacorporationoftheStateofIllinois(herein collectively called the"Companies"),by RobertD.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint James L.BLY,Andrew BLY,Pamela L.NUNEZ,Daniel A.PAPAJCIK,Abigayle SIMKIN,Ryan BURKE,Emily WILSON ofPittsburgh,Pennsylvania, its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of thesepresents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed andacknowledgedbytheregularlyelectedofficersoftheZURICHAMERICANINSURANCECOMPANYatitsofficeinNewYork,NewYork.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in OwingsMills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in OwingsMills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,oftheBy-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the saidZURICHAMERICANINSURANCECOMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, andFIDELITYANDDEPOSITCOMPANYOFMARYLAND,this 29th day of August,A.D.2023. ry °yt CO OPO`Fs.''% ','Op9O ''%y ?O Fp"" PPO~ 1''' SEALm _ g a ? oo M1,9'S p^.5 SEAL 5.T., SEAL f 0•,," 11111",,.,• '.,^„ fww"`,'•,a° 4. ATTEST:11 IIMIIIg1U.,,. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY GG FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 29th day of August, A.D.2023, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison GENEVIEVE M.MAISON '<'",PUBLIC, z_ NOTARY PUBLIC 9.q aOYiOc BALTIMORECOUNIY,MD ORE W0NoMyCommissionExpiresJANUARY27,2025 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Page 3047 of 5415 11C EXTRACT FROM BY-LAWS OF THE COMPANIES Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any suchattorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at anytime." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that theforegoingPowerofAttorneyisstillinfullforceandeffectonthedateofthiscertificate;and I do further certify that Article V,Section 8,oftheBy-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th day of December , 2023 • Øo U fSAL P rAL y'...: Qom° R fetlz(4 Thomas O.McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 Lt i msfiuzurichna.com 800- 626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Page 3048 of 5415 11C EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due 17 Construction Services Agreement:[2023_ver.2] Page 3049 of 5415 11C Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreement:[2023_ver.2] CAO Page 3050 of 5415 11C EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) 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 $ to be received, Contractor") releases and waives for itself and it's subcontractors, material- men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. 2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. 3) Contractor agrees to indemnify,defend and save harmless Owner from all demands or suits,actions,claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. 4) This Release and Affidavit is given in connection with Contractor's [monthly/final]Application for Payment No. CONTRACTOR BY: Witness ITS: President DATE: Witness Corporate Seal] 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 me OR has produced as identification and did (did not)take an oath. My Commission Expires: Signature of Notary Public) NAME: Legibly Printed) Notary Public, State of AFFIX OFFICIAL SEAL) Commissioner No.: 19 Construction Services Agreement:[2023_ver.2] CAO Page 3051 of 5415 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners(the OWNER) or Collier County Water-Sewer Owner's Project Bid No. Manager's Name: Project No. County's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative: Name Contractor's Name& Payment Application No. Address: Original Contract Time: Original Contract Price: Revised Contract Time: Total Change Orders to Date: Revised Contract Amount: Total Value of Work Completed & $ Stored to Date: Retainage @5%through $ Retainage @ 5%through [Insert $ Insert Date] date] Retainage @ Less Retainage after[Insert date] Total Earned Less Retainage Less previous payment(s) Percent Work Completed AMOUNT DUE THIS to Date: APPLICATION: Percent Contract Time Completed to Date: Liquidated Damages to $ Remaining Contract Balance Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 20 Construction Services Agreement:[2023_ver.2] Page 3052 of 5415 1 1 C EXHIBIT D(Continued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5% _% TOTAL NUMBER VALUE MATERIALS COMPLEJu)COMPLETE TO RNISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS APPLICATIONS THIS STORED THRU DATE SINCE DATE PERIOD TO DATE sv"x17'' ONIZNAtingfg:. .j4t=1",/ TOTALS Explanation forthe two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue comes into play. If this happens,all information up to the date of the%change in retaisage is placed in the Thru Date column. Information after that date is placed in the Since Date column. This states what has happened since the change in retainage. 21 Construction Services Agreement:[2023_ver 2] Page 3053 of 5415 1 1 C Exhibit D Continued) Stored Materials Record Formula:A+ B- C- D = E A B C D E Balance Invoice Previously Received Previously Installed To Date Description Supplier Number Received This Period Installed This Period Install 22 Construction Services Agreement:[2023_ver.21 Page 3054 of 5415 1 1 c EXHIBIT E: CHANGE ORDER Procurement ServicesColterCOtivrtyChangeOrderForm Contract Modification Work Order Modification Contract#: Change#: Purchase Order#: Project#: Contractor/Firm Name: Contract/Project: Project Manager Name: Division Name: Original Contract/Work Order Amount Original BCC Approval Date;Agenda Item# Current BCC Approved Amount Last BCC Approval Date;Agenda Item# Current Contract/Work Order Amount SAP Contract Expiration Date(Master) Dollar Amount of this Change DIV/0! Total Change from Original Amount Reused Contract/Work Order Total $ 0.00 DIV/01 Change from Current BCC Approved Amount Cumulative Changes 0.00 DIV/01 Change from Current Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date Includes this change) of Days Added Select Tasks Add new task(s) Delete task(s) Change task(s) Other Provide a response to the following:1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and/or the additional days added(if requested);2.)why this change was not included in the original contract;and,3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance.The adjustment,if any,to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/ Design Professional arising out of or related to the change set forth herein,including claims for impact and delay costs. Accepted by:Date: Contractor/Vendor/Consultant/Design Professional and Name of Firm,if project applicable) Accepted by:Date: Design Professional and Name of Firm,if project applicable) Approved by:Date: Division Director or Designee) Approved by:Date: Procurement Professional) who may requir,., '-:Agnatufes may include an sejazate shzzt;#.) t rat iaxtt- t*r se rzi 23 Construction Services Agreement:[2023_ver.2] CAO Page 3055 of 5415 11C Change Order/Amendment Summary COST TIME CO# AMD# Description Additive Deductive Days New Justification 1:1-1ll Added Amount vlsed 0V1<1r4O21 iDmstons t*rtis,mar few-:re a cirtiona!su natures r ax irs:taade on separate sheet) PRC URErr N 7 UR' tir°'tid3.... Se;'E:IRpl 24 Construction Services Agreement:[2023_ver.2] CAO Page 3056 of 5415 1 1 C EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's 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 thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: 25 Construction Services Agreement:[2023_ver.2] Page 3057 of 5415 lid 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 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER By: Type Name and Title 26 Construction Services Agreement:[2023_ver.2] CAO Page 3058 of 5415 11C EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.:PO No.: Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor:Company Name) Signature) Typed Name &Title) By Design Professional: Firm Name) Signature) Typed Name &Title) By Owner: Department Name) Signature) Name &Title) 27 Construction Services Agreement:[2023_ver.2] Page 3059 of 5415 I 1 C EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 28 Construction Services Agreement:[2023_ver.2] CAO Page 3060 of 5415 I 1 C 2. 2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the"Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2. 3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three(3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 29 Construction Services Agreement:[2023_ver.2] CAO Page 3061 of 5415 1 1 C limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30)days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing,the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 30 Construction Services Agreement:[2023_ver.2] CAO Page 3062 of 5415 11C stamped and received and after Project Manager approval of an Application for Payment, pay theContractortheamountssoapproved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment intheamountoffivepercent (5%), as permitted by Section 255.078, Florida Statutes. The foregoingdoesnotprohibitOwnerfromwithholdingretainageataratelessthanfivepercent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255. 078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 31 Construction Services Agreement:[2023_ver.2] Page 3063 of 5415 11C 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except 32 Construction Services Agreement:[2023_ver.2] Page 3064 of 5415 1 1 C those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7. 3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 33 Construction Services Agreement:[2023_ver.2] CAO Page 3065 of 5415 11C 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1. 1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8. 2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes 34 Construction Services Agreement:[2023_ver.2] CAO Page 3066 of 5415 1 I C made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8. 3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest{c colliercountyfLgov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 35 Construction Services Agreement:[2023_ver.2] Page 3067 of 5415 1 1 C agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9. 3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 36 Construction Services Agreement:[2023_ver.2] CAO Page 3068 of 5415 1 1 C 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent 15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight 48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of 37 Construction Services Agreement:[2023_ver.2] Page 3069 of 5415 11C the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by 38 Construction Services Agreement:[2023_ver.2] Page 3070 of 5415 1 1 C any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding 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, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (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 their 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. The affidavit is attached to the solicitation documents. 39 Construction Services Agreement:[2023_ver.2] Page 3071 of 5415 t1C If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 40 Construction Services Agreement.[2023_ver.2] Page 3072 of 5415 1 1 C 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or(3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or(8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s)within seven (7)calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies,and other items therefore 41 Construction Services Agreement:[2023_ver.2] Page 3073 of 5415 1c or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18. 6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete.Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does 42 Construction Services Agreement:[2023_ver.21 Page 3074 of 5415 11c not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: 1) Receipt of Contractor's Final Application for Payment. 2) The Release and Affidavit in the form attached as Exhibit C. 3) Consent of surety to final payment. 4) Receipt of the final payment check list. 5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers,fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1)year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's 43 Construction Services Agreement:[2023_ver.2] Page 3075 of 5415 1 1 C expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections,tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight(8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, 44 Construction Services Agreement:[2023_ver.2] CAO Page 3076 of 5415 1 1 C Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto,take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs 45 Construction Services Agreement:[2023_ver.2] CAO Page 3077 of 5415 11C of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional 46 Construction Services Agreement:[2023_ver.2] Page 3078 of 5415 1 1 C shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor,without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight 48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. 47 Construction Services Agreement:[2023_ver.2] CAO Page 3079 of 5415 11C Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5. 5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 48 Construction Services Agreement:[2023_ver.2] Page 3080 of 5415 1 1 C 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 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 a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work,the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 49 Construction Services Agreement:[2023_ver.2] CAO Page 3081 of 5415 11C 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor,for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sales tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has thecapabilityinallrespectstoperformfullytheAgreementrequirementswithrespecttoitsportionof the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. 50 Construction Services Agreement:[2023_ver.21 CAO Page 3082 of 5415 1 11C The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses.All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2)provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub- subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract 51 Construction Services Agreement:[2023_ver.2] Page 3083 of 5415 1 1 C price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 52 Construction Services Agreement:[2023_ver.2] CAO Page 3084 of 5415 11C 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, `Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1)year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail DL-FMOPS©colliercountyfl.gov)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A"project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of$2 million or more may be reviewed for VE at the discretion of the County. 53 Construction Services Agreement:[2023_ver.2] Page 3085 of 5415 11 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing/will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/ petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 54 Construction Services Agreement:[2023_ver.2] Page 3086 of 5415 1 1 C EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Attached hereto, following this page n Not Applicable 55 Construction Services Agreement:[2023_ver.2] Page 3087 of 5415 1C EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS The parties (Collier County and Contractor) agree to amend the Agreement within no later than ninety (90) days of the effective date to comply with legislative changes to Fla. Stat., §218.735, Timely payment for purchases of construction services, Fla. Stat., § 255.074, Procedures for calculation of payment due dates, Fla. Stat., §255.077, Project closeout and payment of retainage, and Fla. Stat., §255. 078, Public construction retainage, (with an effective date of July 1, 2023). Page 1 of 1 Page 3088 of 5415 DocuSign Envelope ID: 1FCD543A-F431-481B-AD08-2FD6E94E144EPage 3089 of 5415 DocuSign Envelope ID: 1FCD543A-F431-481B-AD08-2FD6E94E144E3/13/2024Matt MastrofrancescoMatthew Mastrofrancesco3/13/2024Scott TeachPage 3090 of 5415 DocuSign Envelope ID: 1FCD543A-F431-481B-AD08-2FD6E94E144EPage 3091 of 5415 DocuSign Envelope ID: 1FCD543A-F431-481B-AD08-2FD6E94E144EPage 3092 of 5415 DocuSign Envelope ID: 1FCD543A-F431-481B-AD08-2FD6E94E144EPage 3093 of 5415 DocuSign Envelope ID: 1FCD543A-F431-481B-AD08-2FD6E94E144EPage 3094 of 5415 DocuSign Envelope ID: 1FCD543A-F431-481B-AD08-2FD6E94E144EPage 3095 of 5415 DocuSign Envelope ID: 1FCD543A-F431-481B-AD08-2FD6E94E144EPage 3096 of 5415 DocuSign Envelope ID: 1FCD543A-F431-481B-AD08-2FD6E94E144EPage 3097 of 5415 DocuSign Envelope ID: 1FCD543A-F431-481B-AD08-2FD6E94E144EPage 3098 of 5415 DocuSign Envelope ID: 1FCD543A-F431-481B-AD08-2FD6E94E144EPage 3099 of 5415 DocuSign Envelope ID: 1FCD543A-F431-481B-AD08-2FD6E94E144EPage 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BB480A10-7C14-469C-98FA-42EEE6B0EE2EPage 3139 of 5415 DocuSign Envelope ID: BB480A10-7C14-469C-98FA-42EEE6B0EE2EPage 3140 of 5415 DocuSign Envelope ID: BB480A10-7C14-469C-98FA-42EEE6B0EE2EPage 3141 of 5415 DocuSign Envelope ID: BB480A10-7C14-469C-98FA-42EEE6B0EE2EPage 3142 of 5415 DocuSign Envelope ID: BB480A10-7C14-469C-98FA-42EEE6B0EE2EPage 3143 of 5415 DocuSign Envelope ID: BB480A10-7C14-469C-98FA-42EEE6B0EE2EPage 3144 of 5415 DocuSign Envelope ID: BB480A10-7C14-469C-98FA-42EEE6B0EE2EPage 3145 of 5415 DocuSign Envelope ID: BB480A10-7C14-469C-98FA-42EEE6B0EE2EPage 3146 of 5415 Purchase Order number must appear on all related correspondence, shipping papers and invoices: Printed 08/15/2024 @ 15:07:28 Page 1 of 13018000000-110502-639990-55212.1 Collier County Board of County Commissioners Procurement Services Division Phone: 239-252-8407 Fax: 239-732-0844 Tax Exempt: 85-8015966531C-1 Collier County Board of County Commissioners Attn: Accounts Payable 3299 Tamiami Trl E Ste 700 Naples FL 34112-5749 OR email to: bccapclerk@collierclerk.com Send all Invoices to: VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Procurement Services Division site: https://www.colliercountyfl.gov/home/showdocument?id=104405, including delivery and payment terms. Further, the VENDOR agrees to: 1. Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above. 2. Notify department immediately if order fulfillment cannot occur as specified. 3. Send all invoices to:Collier County Board of County Commissioners Attn: Accounts Payable 3299 Tamiami Trl E Ste 700 Naples FL 34112-5749 OR email to: bccapclerk@collierclerk.com The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: Sandra Srnka, Director, Procurement Services Division Vendor # 131166 Rycon Construction, Inc. 2501 Smallman Street Pittsburgh PA 15222 Purchase order PO Number 4500230241 Date 02/26/2024 Contact Person County Capital Pro Please deliver to: FACILITIES MANAGEMENT 3335 TAMIAMI TRL E STE 101 NAPLES FL 34112-5356 Delivery Date: 07/28/2025 Terms of Payment Net 30 Days Item Material Description Order Qty Unit Price Per Unit Net Value 00010 CON TASK 1 GENERAL REQUIREMENT 709,750 EA 1.00 709,750.00 23-8105 COLLIER COUNTY FIRE AND EMS STATION *** Item partially delivered *** 00020 CON TASK 2 SITE WORK 2,789,221 EA 1.00 2,789,221.00 *** Item partially delivered *** 00030 CON TASK 3 BUILDING 5,719,115 EA 1.00 5,719,115.00 *** Item partially delivered *** 00040 CON TASK 4 FIELD LOCATED ITEMS BY ENGINE 35,970 EA 1.00 35,970.00 00050 CON TASK 5 OWNER'S ALLOWANCE 200,000 EA 1.00 200,000.00 00060 CON TASK 6 BID ALTERNATE NO. 1 10,400 EA 1.00 10,400.00 9,464,456.00Total net value excl. tax USD Page 3147 of 5415 ATTACHMENT 2 Page 3148 of 5415 AUDIT REQUIREMENTS FOR AWARDS OF STATE AND FEDERAL FINANCIAL ASSISTANCE DFS-A2-CL Page -2- Rev. 11/18 Rule 69I-5.006, F.A.C. The administration of resources awarded by the Department of Financial Services (Department) to the Grantee may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by 2 CFR §200.425, or other procedures. By entering into this agreement, the Grantee agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Grantee is appropriate, the Grantee agrees to comply with any additional instructions provided by Department staff to the Grantee regarding such audit. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS Part I: Federally Funded This part is applicable if the Grantee is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. 1. A grantee that expends $750,000 or more in federal awards in its fiscal year must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXHIBIT 1 to this form lists the federal resources awarded through the Department by this agreement. In determining the federal awards expended in its fiscal year, the Grantee shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR §§200.502-503. An audit of the Grantee conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I, paragraph 1, the Grantee shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512. 3. A grantee that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If the Grantee expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Grantee resources obtained from other than federal entities). Part II: State Funded 1. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such Grantee (for fiscal years ending June 30, 2017, or thereafter), the Grantee must have a state single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not Page 3149 of 5415 AUDIT REQUIREMENTS FOR AWARDS OF STATE AND FEDERAL FINANCIAL ASSISTANCE DFS-A2-CL Page -3- Rev. 11/18 Rule 69I-5.006, F.A.C. include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part II, paragraph 1, the Grantee shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the Grantee expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017, or thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the Grantee expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the nonstate entity’s resources (i.e., the cost of such an audit must be paid from the Grantee’s resources obtained from other than state entities). Part III: Other Audit Requirements N/A Part IV: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR §200.512, by or on behalf of the Grantee directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR §200.36 and §200.512. The FAC’s website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of the Grantee directly to each of the following: a. The Department at each of the following addresses: Electronic copies (preferred): SFMGrant@myfloridacfo.com or Paper (hard copy): Lauren Tingle Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0340 b. The Auditor General’s Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General’s website (https://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. Page 3150 of 5415 AUDIT REQUIREMENTS FOR AWARDS OF STATE AND FEDERAL FINANCIAL ASSISTANCE DFS-A2-CL Page -3- Rev. 11/18 Rule 69I-5.006, F.A.C. 3. Any reports, management letters, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. Grantees, when submitting financial reporting packages to the Department for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Grantee in correspondence accompanying the reporting package. Part V: Record Retention The Grantee shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO, or Auditor General access to such records upon request. The Grantee shall ensure that audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. Page 3151 of 5415 AUDIT REQUIREMENTS FOR AWARDS OF STATE AND FEDERAL FINANCIAL ASSISTANCE DFS-A2-CL Page -4- Rev. 11/18 Rule 69I-5.006, F.A.C. EXHIBIT 1 Federal Resources Awarded to the Grantee Pursuant to this Agreement Consist of the Following: 1. Federal Program A: N/A 2. Federal Program B: N/A Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: 1. Federal Program A: N/A 2. Federal Program B: N/A State Resources Awarded to the Grantee Pursuant to this Agreement Consist of the Following: Matching Resources for Federal Programs: 1. Federal Program A: N/A 2. Federal Program B: N/A Subject to Section 215.97, F.S.: 1. State Project A: State Project: Local Government Fire Service Grants State Awarding Agency: State of Florida, Department of Financial Services Catalog of State Financial Assistance Title and Number: Local Government Fire Service Grants, 43.009 Amount: $3,646,613.00 2. State Project B: N/A Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement Are as Follows: The compliance requirements are as stated in Grant Agreement #FM921 between the Grantee and the Department, entered in State Fiscal Year 2024-2025. Page 3152 of 5415 Rev. 08/03/2021 Attachment 3 Index of Applicable Laws and Regulations 1. Statutory Requirements: Chapter 112, F.S. (conflict of interest) Chapter 119, F.S. (public records and exceptions to disclosure) Sections 11.062 and 216.347, F.S. (prohibitions on the use of state funds for lobbying purposes) Section 216.1366, F.S. (inspection of records) Section 286.101, F.S. (foreign gifts and contracts) Section 286.25, F.S. (sponsorship) Section 287.133, F.S. (convicted vendor list) Section 287.134, F.S. (discriminatory vendor list) Section 287.137, F.S. (antitrust violator vendor list) Americans with Disabilities Act Immigration and Nationality Act 2. Audit Requirements: Section 20.055, F.S. (audit investigations) Section 215.34, F.S. (return or recoupment of funds) Section 215.97, F.S., Florida Single Audit Act Section 215.971, F.S., Agreements Funded with Federal or State Assistance 3. Financial Requirements: Section 215.422, F.S. (payments from state funds) Section 273.02, F.S. (nonexpendable tangible personal property) Section 287.05805, F.S. (if funding is used for real property purchase or improvement) Section 287.0585, F.S. (payments to subcontractors) Rule 60A-1.031, F.A.C. (MyFloridaMarketPlace) Chief Financial Officer Memoranda Nos. 1, 2, and 4 (effective July 1, 2020) Page 3153 of 5415 Instructions: This form is to be completed by the grantee 6 months after the award date, regardless of grant agreement status. If you are also requesting reimbursement, please complete the reimbursement request form and attach the required documentation. Grantee: Reporting Date: Contract Number: Equipment Purchase Description: 1. Phases Complete (Check) Procurement of Vendor Equipment Order Equipment Purchased Grant Execution Reimbursement Equipment Delivery 2. Has the Grant Agreement been executed? If not, why? 3. When do you expect to have all phases complete? 4.Problem Areas/Other Comments (Revisions, Delays, Difficulties, etc):Grantee Grantee Representative I certify that the information provided above is true and correct per the terms of the Grant Agreement. Date Printed Name/Title Signature Department Comments/Notes Review Date Site Visit __Yes __No __N/A Contract Manager Signature FOR REFERENCE ONLY DO NOT USEPage 3154 of 5415 Grant Agreement Attachment 5 - Grantee Reimbursement Request I, , on behalf of (Print name of Grantee’s Grant Manager) , do hereby certify for (Print name of Grantee) Contract No. and Reimbursement Request No. that: 1)The costs being claimed on this request are specifically for the Project represented to the State in the budget appropriation. 2)The costs being claimed on this request are for one or more of the construction components listed in the deliverable in Section 4, Deliverable, of the Scope of Work. 3)The Grantee has paid such costs under the terms and provisions of contracts relating directly to the Project. 4)The costs being claimed on this request were incurred after the date specified in Section C, Performance Period, of the Agreement document, and prior to the end of the Performance Period. 5)A duplicate invoice for the same services, supplies, materials, and/or labor set forth in the attached invoice has not been submitted, and will not be submitted, to another funding source for this Project. Signature of Grantee's Grant Manager Print Name FOR REFERENCE ONLY DO NOT USEPage 3155 of 5415 Reimbursement Detail Request # Grantee: Submit Date: Grantee Address: Contract # Grantee Contact: Deliverable: Vendor Invoice # Invoice Date Invoice Description Reimbursement Requested Request Total $ Total Previous Payments $ Total Grant Amount $ Remaining Funds $ Grantee Certification: Sign here and complete the Grantee's Certification of Reimbursement Request on Page 1 to certify that the amount being requested for reimbursement is true and valid in accordance with the Agreement. Grantee Signature & Date: SFM Use Contract Manager Receipt: Component Checklist: Vendor Invoice(s) Payment Tasks Performed Funds Reconciled FOR REFERENCE ONLY DO NOT USEPage 3156 of 5415 Addendum A 1 of 2 Rev. 06/07/21 DEPARTMENT OF FINANCIAL SERVICES Public Records Requirements Addendum A 1. Public Records Access Requirements. a. If the Contractor is acting on behalf of the Department in its performance of services under the Contract, the Contractor must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by the Contractor in conjunction with the Contract (Public Records), unless the Public Records are exempt from public access pursuant to section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Contract if the Contractor refuses to allow public access to Public Records as required by law. 2. Public Records Requirements Applicable to All Contractors. a. For purposes of the Contract, the Contractor is responsible for becoming familiar with Florida’s Public Records law, consisting of chapter 119, F.S., section 24(a) of Article I of the Florida Constitution, or other applicable state or federal law (Public Records Law). b. All requests to inspect or copy Public Records relating to the Contract must be made directly to the Department. Notwithstanding any provisions to the contrary, disclosure of any records made or received by the State in conjunction with the Contract is governed by Public Records Law. c. If the Contractor has a reasonable, legal basis to assert that any portion of any records submitted to the Department is confidential, proprietary, trade secret, or otherwise not subject to disclosure (“Confidential” or “Trade Secret”) under Public Records Law or other legal authority, the Contractor must simultaneously provide the Department with a separate redacted copy of the records the Contractor claims as Confidential or Trade Secret and briefly describe in writing the grounds for claiming exemption from the Public Records Law, including the specific statutory citation for such exemption. The un-redacted copy of the records must contain the Contract name and number and must be clearly labeled “Confidential” or “Trade Secret.” The redacted copy of the records should only redact those portions of the records that the Contractor claims are Confidential or Trade Secret. If the Contractor fails to submit a redacted copy of records it claims are Confidential or Trade Secret, such action may constitute a waiver of any claim of confidentiality. d. If the Department receives a Public Records request, and if records that have been marked as “Confidential” or “Trade Secret” are responsive to such request, the Department will provide the Contractor-redacted copies to the requester. If a requester asserts a right to the portions of records claimed as Confidential or Trade Secret, the Department will notify the Contractor that such an assertion has been made. It is the Contractor’s responsibility to assert that the portions of records in question are exempt from disclosure under Public Records Law or other legal authority. If the Department becomes subject to a demand for discovery or disclosure of the portions of records the Contractor claims as Confidential or Trade Secret in a legal proceeding, the Department will give the Contractor prompt notice of the demand, when possible, prior to releasing the portions of records the Contractor claims as Confidential or Trade Secret (unless disclosure is otherwise prohibited by applicable law). The Contractor shall be responsible for defending its determination that the redacted portions of its records are Confidential or Trade Secret. No right or remedy for damages against the Department arises from any disclosure made by the Department based on the Contractor’s failure to promptly legally protect its claim of exemption and commence such protective actions within ten days of receipt of such notice from the Department. e. If the Contractor claims that the records are “Trade Secret” pursuant to section 624.4213, F.S., and all the requirements of section 624.4213(1), F.S., are met, the Department will respond to the Public Records Request in accordance with the provisions specified in that statute. f. The Contractor shall ensure that exempt or confidential and exempt Public Records are not disclosed except as permitted by the Contract or by Public Records Law. Page 3157 of 5415 Addendum A 2 of 2 Rev. 06/07/21 3. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. If the Contractor is a “contractor” as defined in section 119.0701(1)(a), F.S., the Contractor shall: a. Keep and maintain Public Records required by the Department to perform the service. b. Upon request, provide the Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, F.S., or as otherwise provided by law. c. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the Public Records to the Department. d. Upon completion of the Contract, transfer, at no cost, to the Department all Public Records in possession of the Contractor or keep and maintain Public Records required by the Department to perform the service. If the Contractor transfers all Public Records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the Contractor keeps and maintains Public Records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to the Department, upon request from the Department’s custodian of Public Records, in a format specified by the Department as compatible with the information technology systems of the Department. These formatting requirements are satisfied by using the data formats as authorized in the Contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the Contractor is authorized to access. e. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT PUBLIC RECORDS AT: Telephone: (850) 413-3149 Email: PublicRecordsRequest@myfloridacfo.com Mailing Address: The Department of Financial Services Office of Open Government PL-11, The Capitol Tallahassee, Florida 32399-0301 A Contractor who fails to provide the Public Records to the Department within a reasonable time may be subject to penalties under section 119.10, F.S. Page 3158 of 5415