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Agenda 04/28/2026 Item #11A (Award Invitation to Bid No. 25-8421, “Big Cypress Golf Estates & Country Club of Naples – Secondary Drainage and Water Main Replacement,” to Wright Construction Group, Inc)4/28/2026 Item # 11.A ID# 2026-870 Executive Summary Recommendation to award Invitation to Bid No. 25-8421, "Big Cypress Golf Estates & Country Club of Naples — Secondary Drainage and Water Main Replacement," to Wright Construction Group, Inc., in the total amount of $5,785,747.47, with a total Owner's Allowance of $578,574.75; and approve the County's portion for payment in the amount of $3,282,544.68 with an Owner's Allowance of $328,254.47, and the City of Naples' portion for payment in the amount of $2,503,202.79 with an Owner's Allowance of $250,320.28, in accordance with the terms of an existing Interlocal Agreement, and authorize the Chair to sign the attached Agreement. (Project No. 60102) OBJECTIVE: To deliver a reliable, resilient stormwater system that restores flow connectivity, reduces flood risk, and meets regulatory requirements. CONSIDERATIONS: On February 27, 2024 (Agenda Item 16.13.7), the Board approved an Interlocal Agreement with the City of Naples for a joint project to design and construct stormwater improvements and public water collection system facilities in the Big Cypress Golf and Country Club Estates community area. The Big Cypress Golf Estates & Country Club of Naples ("BCG&CC") — Secondary Drainage and Water Main Replacement project addresses long-standing drainage issues within the BCG&CC residential area and the adjacent Country Club of Naples ("CCN") golf course. This construction project retrofits the roadside swale and culvert system within the BCG&CC roadways of Burning Tree Drive, Cypress Pointe Drive, and Mel Jen Drive, and includes the replacement of the existing water main. On August 22, 2025, the Procurement Services Division issued a Construction Invitation to Bid No. 25-8421, Big Cypress Golf & Country Club Estates of Naples Secondary Drainage Improvements & Water Main Replacement. The County originally advertised the solicitation for forty-five days (45) and extended it an additional sixteen (16) days to conduct vendor outreach to promote competition. On September 11, 2025, the County held a pre -bid meeting for interested bidders. The County received seven bids by the October 23, 2025, submission deadline, as summarized below. Bidders: Company Name City County ST Bid Amount Responsive/ Responsible Wright Construction Group, Inc. Fort Myers Lee FL $5,785,747.47 Yes/Yes Douglas N. Higgins, Inc. Naples Collier FL $6,143,341.60 Yes/Yes ITG Communications, LLC Pembroke Park Broward FL $6,495,773.10 Yes/Yes Coastal Concrete Products, LLC dba Coastal Site Development Fort Myers Lee FL $7,162,690.74 Yes/Yes Quality Enterprises USA, Inc. Naples Collier FL $7,335,184.87 Yes/Yes Andrew Sitework, LLC Fort Myers Lee FL $7,808,483.00 Yes/Yes Ferreira Construction Company, Inc. Hobe Sound Martin FL $7,996,472.47 Yes/Yes The County reviewed the bids and determined that Wright Construction Group, Inc. ("Wright") is the lowest, responsive, and responsible bidder with a bid amount of $5,785,747.47. The Engineer of Record, Bowman Gulf Coast LLC, evaluated Wright's references and found them acceptable to determine Wright's experience on work of a similar magnitude judged within the last two years, to evaluate their skill, business standing, and ability to conduct the work as completely and timely as required under the Agreement. In addition to the total bid amount, staff is allocating $578,574.75 as Owners' Allowance for unforeseen conditions encountered during construction that will be included in 4/28/2026 Item # 11.A ID# 2026-870 the purchase order. The allowance will only be used as allocated above and as directed by the County, if necessary, with proper supporting documentation to be submitted by the Contractor for any additional work that is authorized and performed. Staff recommends that Wright be awarded the attached Agreement as the lowest responsive and responsible bidder in the amount of $5,785,747.47, and approve the total Owner's Allowance in the amount of $578,574.75. The Procurement Services Division concluded bidding was competitive and representative of market conditions. The bid tabulation, Engineer's Letter of Recommended Award, the Notice of Recommended Award, and proposed agreement are all attached. In accordance with the Interlocal Agreement, the County and City are to enter into the attached three -party construction agreement with the contractor awarded the bid. The County is responsible for payment of construction costs set forth in Category 4: Signage and Pavement Markings, 75% of Category 1: Common Items, 98% of Category 2: Drainage, and 80% of Category 3: Restoration, of the Contractor's Bid Schedule, in its purchase order with the contractor. The City of Naples is responsible for payment of construction costs for Category 5: Water Main Replacement, 25% of Category 1: Common Items, 2% of Category 2: Drainage, and 20% of Category 3: Restoration, of the Contractor's Bid Schedule, with its purchase order with the contractor. This item is consistent with the Infrastructure and Asset Management Element of Collier County's Strategic Plan by preparing for the impacts of natural disasters on our critical infrastructure and natural resources. FISCAL IMPACT: Funding to award the contract is available in the Stormwater Capital Fund (3050), Project 60102. The source of funding is general funds and unincorporated general funds. Fiscal responsibilities are as follows: County Responsibility City Responsibility Total Bid Amount $3,282,544.68 $2,503,202.79 Owner's Allowance $328,254.47 $250,320.28 Totals: $3,610,799.15 $2,753,523.07 GROWTH MANAGEMENT IMPACT: This project is in accordance with the goals and objectives of the Stormwater Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. —SRT RECOMMENDATION(S): To approve the award of Invitation to bid No. 25-8421, "Big Cypress Golf Estates & Country Club of Naples — Secondary Drainage and Water Main Replacement," to Wright Construction Group, Inc., in the total amount of $5,785,747.47, with a total Owner's Allowance of $578,574.75; and approve the County's portion for payment in the amount of $3,282,544.68 with an Owner's Allowance of $328,254.47, and the City of Naples' portion for payment in the amount of $2,503,202.79 with an Owner's Allowance of $250,320.28, and authorize the Chair to sign the attached agreement. PREPARED BY: Isabel Soto, PM II, Stormwater Management, Transportation Engineering Division ATTACHMENTS: 1. Fully executed Interlocal agreement_ 02_27_2024 Item #1613 7 2. 25-8421 NORA 4/28/2026 Item # 11.A ID# 2026-870 3. 25-8421 Bid Tabulation 4. 25-8421 DELORA 5. 25-8421 Wright Contract and City VS 6. 25-8421 Wright COI exp 1.1.27 GL,ALWC,EL,POL 7. BCGCC LOCATION MAP ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ** ROUTING SLIP** Complete routing lines # I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ..£tho Ph i man'c civnature draw a line thrnnah rmitina lines #1 thrmiah 92. comnlete the checklist. and forward to the Countv Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. (Enter your Dept here) 3. County Attorney Office County Attorney Office JAK/mb 2/27/24 4. BCC Office Board of County Commissioners CH by MB Is] 2/28/24 5. Minutes and Records Clerk of Court's Office *610 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/pre red the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional ufmissine information. Name of Primary Staff Madison Bird Phone Number 2939 Contact / Department Agenda Date Item was 2/27/24 Agenda Item Number 16137 Approved by the BCC Type of Document(s) Interlocal Agreement Number of Original I Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initia!L Applicable) 1. Does the document require the chairman's signature? (stamped unless otherwise stated) MB 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A rovide the Contact Information Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by MB the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney.) 4. All handwritten strike -through and revisions have been initialed by the County Attorney MB Office and all other parties except the BCC Chairman and the Clerk to the Board. 5. The Chairman's signature line date has been entered as the date of BCC approval of the MB document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's MB si nature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is uploaded to the agenda. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on _2/27/24_ and all changes made JAK/mb during the meeting have been incorporated in the attached document. The County Attorney Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the JAK/mb BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. Please email a completed copy to Madison.Bird@Colliercountyfl.gov I: Forms/ County Forms/ BCC .26.05; 2.24.05; 11/30/12; 4/22/16; 9/10/21 16BT INTERLOCAL AGREEMENT PROJECT: Joint Stormwater and Utility Improvement Project for the Big Cypress Golf and Country Club Estates Community THIS INTERLOCAL AGREEMENT, made and entered into this day ofJVadk23, by and between Collier County a political subdivision of the State of Florida, (the "COUNTY") and the City of Naples, Florida, a Florida municipal corporation (the "CITY")(collectively, the "Parties"). WITNESSETH WHEREAS, the COUNTY has identified a need to undertake the design and construction of roadside stormwater improvements on Cypress Point Drive, Burning Tree Drive, and Mel-Jen Drive situated within the Big Cypress Golf and Country Club Estates community (hereinafter referred to as the "Area"), to address aging infrastructure serving the stormwater system and flooding concerns; and WHEREAS, the various streets within the Area identified as needing roadside stormwater improvements (the "stormwater improvements') are within the boundaries of the COUNTY; and WHEREAS, the CITY owns certain potable water systems (the "Utility") within, adjacent to, and in the vicinity of the road easements and/or rights -of -way of the streets identified as needing stormwater improvements; and WHEREAS, in accordance with the COUNTY' S Procurement Ordinance and its purchasing policies it has secured a design engineering firm to perform the design for the improvements; and WHEREAS, the COUNTY and CITY have determined and mutually agree that it is economically advantageous and in the best interest of the public to enter into this Agreement to undertake a joint project (the "Project") to construct roadside stormwater improvements and public water collection system facilities; and WHEREAS, the COUNTY and CITY both agree that the COUNTY will manage the Project's design, permitting and construction phases; and WHEREAS, the COUNTY and CITY both agree that the COUNTY is responsible for funding the stormwater improvement cost portions of the Project, and the CITY is responsible for funding the Utility cost portions of the Project. NOW, THEREFORE, in consideration of the above premises, and the mutual covenants, terms, and provisions contained herein, the COUNTY and CITY agree as follows. SECTION I: COUNTY'S RESPONSIBILITIES 1.0 The COUNTY will serve as project manager for the design, permitting and construction phases of the PROJECT. The COUNTY's assigned staff project manager shall be under the supervision of the COUNTY's contract manager as identified in Section 3.4 below. 1.1 The COUNTY shall maintain open communication with the CITY's assigned project manager and provide periodic progress reports and documentation about the PROJECT as requested by the CITY. - -6__B-7- 1.2 The COUNTY shall procure comprehensive Utility -related construction and construction administrative services for the CITY' S Utility portions of the PROJECT, which work shall be jointly and concurrently procured along with the COUNTY's design, construction, and construction administrative services for its stormwater improvements portions of the PROJECT. 1.3 The following specific services, duties and responsibilities will be the obligation of the COUNTY regarding the design coordination, construction, and contract administration of the Utility work on behalf of the CITY. A. The COUNTY's and CITY's assigned project managers shall maintain open communication with each other and provide periodic progress reports and documentation about the PROJECT as requested by the COUNTY and CITY. Throughout the design, permitting and construction phases of the PROJECT, both project managers shall mutually schedule periodic progress meetings as deemed necessary. B. During the design portion of the PROJECT the COUNTY is responsible for providing requested information to the engineering consultant and timely reviews of draft plan sets. The COUNTY's review will focus on the design of the stormwater improvements and roadway portions of the PROJECT, with only cursory review (primarily dealing with conflicts) provided for the Utility portions of the PROJECT. The COUNTY will rely upon the CITY to provide the COUNTY with timely detailed reviews and comments for the Utility portions of the PROJECT. C. The COUNTY will be responsible for conducting the public bid and award of the construction contract, culminating with the CITY and COUNTY entering into a three -party agreement with the selected construction contractor. The contractor selected shall be based upon the overall lowest (for both the aggregate stormwater improvements and utility work), responsive and responsible bid received. Before such an agreement is presented for approval to either the County Commission or the City Council, either Party may decide whether it wishes to proceed with the PROJECT. If a Party decides not to proceed, that Party shall notify the other Party that it no longer wishes to proceed with the PROJECT, in which case the objecting Party will only be responsible for its portion of costs incurred through the date of notification. D. Funding for the construction of the stormwater improvements and roadway portions of the designed and permitted PROJECT will be provided by the COUNTY. The COUNTY is only responsible for paying the contractor selected for the PROJECT for that portion of the work pertaining to its stormwater improvements (as well as shared PROJECT expenses as specified below). E. The COUNTY is responsible to acquire all land rights (road rights -of -way and drainage easements) needed to successfully construct the stormwater improvements and roadway portions of the PROJECT. These land rights shall be obtained prior to issuance of a Notice to Proceed letter to the construction contractor. F. The COUNTY shall conduct a formal preconstruction conference prior to commencing with the PROJECT. The COUNTY will provide the CITY notice of the preconstruction conference at least five (5) working days prior to the conference. The CITY's assigned project manager will attend this conference, and other CITY representatives may attend at the CITY's discretion. A copy of the minutes of said conference shall be submitted to the CITY's project manager. 1.6B 7 G. The Utility work shall be coordinated with the CITY's project manager with respect to keeping the CITY advised of technical, cost, and schedule impacts upon the Utility work. H. The COUNTY shall confer with the CITY's project manager as deemed necessary by the COUNTY in order to coordinate work stages between the Utility, stormwater improvements, and roadway improvements from a public interest viewpoint. I. The COUNTY shall administer design changes, clarifications, supplements, and other contract amendments that may be necessary during the design and construction of the Utility improvements. These contract directives to the consultant and contractor may be in the form of plans, memoranda, reports, change orders, and supplemental agreements and shall be subject to written approval by the CITY's project manager and/or contract authority, which approval shall not be reasonably withheld. The above notwithstanding, upon notification to CITY, the CITY herein authorizes the COUNTY to prepare, execute, and implement minor change orders for contract amendments necessitated by actual field conditions at the Utility project site so as not to delay the contractor's performance and so as to meet the intent of the approved design for the Utility improvements. Said change orders shall be issued by the COUNTY in compliance with current County Procurement Policy and Administrative procedures, either using existing contract unit prices or negotiated unit prices for work adjustments within the physical limit of the Utility work as shown in the construction plans. In no event shall the value of the total change orders exceed the Utility allowance to be included in the low bid approved by both the COUNTY and CITY. Additional or extra work that exceeds the change order authority of the COUNTY shall be submitted for prior review, approval, and execution by the CITY. COUNTY shall submit a final Certificate of Completion letter to the CITY along with an appropriate number of plans detailing the Utility and roadway improvements as constructed by the Parties' contractor ("As -built record drawings"). A one-year warranty requirement for work completed by the contractor shall be included in the Parties' construction agreement. The final Certification of Completion shall be submitted by the engineer of record to the FDEP and other local and State agencies that govern the Utility improvements. K. All contracts entered into by the Parties' for the design and/or construction of the PROJECT shall require the party contracting with the Parties' to hold harmless, indemnify and defend the CITY and COUNTY and its consultants, agents, officers and employees from any and all claims, losses, penalties, fees, or any expense, damage, or liability incurred by any of them, whether for personal injury, property damage, direct or consequential damages, or economic loss arising directly or indirectly on account of or in connection with the work done by the Parties' consultant or contractor pertaining to the design and construction of the Utility, stormwater improvements and/or roadway or by any person, firm or corporation to whom any portion of the Utility, stormwater improvements or roadway work is subcontracted by the Parties' consultant or contractor. L. Monthly stormwater field measurements and quantity calculations shall be made by the engineer of record of stormwater improvements work accomplished for processing of monthly progress payments to the Parties' contractor. The COUNTY'S project manager shall verify and approve these measurements and calculations in writing prior to the COUNTY'S issuance of monthly progress payments to the contractor. 16B7 M. The COUNTY shall open a Purchase Order to the selected construction contractor so that it can make payment for the stormwater improvements work performed and provided under the terms of the Parties' construction agreement with the contractor, including the COUNTY's portion of shared expenses. SECTION H: CITY'S RESPONSIBILITY 2.0 The CITY shall procure comprehensive Utility -related design services for the CITY'S Utility portions of the PROJECT, which work shall be jointly and concurrently procured along with the COUNTY's design, construction, and construction administrative services for its stormwater improvements portions of the PROJECT. 2.1 The CITY and COUNTY staff shall cooperate and agree on the complete contents of the final construction Invitation to Bid ("ITB") solicitation prior to issuance. The CITY and COUNTY will enter into a three-way agreement with the winning bidder resulting from the ITB. The CITY shall provide and perform project support duties as defined below to ensure that the design, construction, and contract administration services meet the mutual satisfaction of the CITY and COUNTY, and other governing agencies that have jurisdictional control over the Utility improvements. 2.2 The specific project support duties and responsibilities enumerated below shall be the obligation of the CITY. A. The CITY's Public Works Director will serve as the CITY's assigned contract authority and point of contact for the COUNTY's contract manager as identified in Section 3.4 below. The CITY's Public Works Director shall designate in writing an assigned CITY project manager to work with the COUNTY's assigned project manager in typical day to day coordination of PROJECT design, permitting, and construction. The CITY's Public Works Director shall assign in writing a Utility project coordinator (if that person is someone different from the assigned project manager) for the purpose of coordinating, resolving, and communicating construction issues at the field level with COUNTY's project manager. The CITY's project manager and/or project coordinator shall attend periodic construction progress meetings with the COUNTY and their contractor, subcontractors, and utility companies with direct or indirect interest in the provisions of the Interlocal Agreement. B. The Parties' assigned project managers shall maintain open communication with each other and provide periodic progress reports and documentation about the PROJECT to one another upon request. Throughout the design, permitting and construction phases of the PROJECT, both project managers shall mutually schedule periodic progress meetings as deemed necessary. The Parties shall provide each other written notice of all regularly scheduled progress meetings at least five (5) working days prior to the meeting. C. The CITY shall obtain all necessary land rights (rights -of -way, utility easements, temporary construction easements, etc.) required for the construction, operation, and maintenance of the Utility facilities portion of the PROJECT. The land rights shall be obtained, recorded, and made available to the COUNTY prior to the CITY's issuance of a Notice to Proceed letter to the construction contractor. D. At the time of construction contract bid preparation, those Utility items identified for which the CITY is financially responsible shall be subject to the CITY's review and approval by the CITY's assigned project manager. The COUNTY will include the Utility work in the PROJECT ITB to receive the bid price for the CITY's construction Utility work. Prior to the 4 COUNTY's issuance of the Notice to Proceed letter to the construction contractor the CITY shall provide a Purchase Order to the successful contractor for the CITY's portion of the construction of the Utility improvements. Funding for additional approved cost increases for Utility construction work (e.g., quantity changes, change orders, etc.) will be provided by the CITY. E. The CITY shall review the design documents, approve the Utility design, inspect the work as necessary, and review and approve the "As -built record drawings," which will represent and depict the Utility as constructed by the Parties' contractor. F. During the design portion of the PROJECT the CITY is responsible for providing requested information to the consultant and timely reviews of draft plan sets. The CITY's review will focus on the design of the Utility portions of the PROJECT, with only cursory review (primarily dealing with conflicts) provided for the stormwater improvements and roadway portions of the PROJECT. The CITY will provide the COUNTY with timely detailed reviews and comments for the Utility portions of the PROJECT, so that the COUNTY can submit the CITY's comments to the design consultant. G. Monthly Utility field measurements and quantity calculations shall be made by the engineer of record of Utility work accomplished for processing of monthly progress payments to the Parties' contractor. The CITY's project manager shall verify and approve these measurements and calculations in writing prior to the CITY's issuance of monthly progress payments directly to the contractor. H. The CITY shall open a Purchase Order to the selected construction contractor so that it can make payment for the Utility work performed and provided under the terms of the Parties' construction agreement with the contractor, including the CITY's portion of shared expenses. SECTION III: MUTUAL COVENANTS 3.0 The location of the PROJECT is within The Big Cypress Golf and Country Club Estates. "The specific streets under consideration for the PROJECT may include some or all of the following streets: • Cypress Point Drive • Burning Tree Drive • Mel-Jen Drive 3.1 The Parties shall not be responsible for construction means, methods, techniques, skills, sequences, or procedures of construction relating to the PROJECT's improvements. The above responsibilities during construction shall remain with the Parties' contractor and/or the contractor's subcontractors subject to the conditions and responsibilities set forth in this Interlocal Agreement. 3.2 The CITY shall be responsible for providing review services and guidance to ensure that design and construction of the Utility components of the PROJECT comply with or exceed the CITY's Utility design and construction minimum standards. 3.3 Neither Party shall be responsible to the other should its contractor fail to comply with the Occupational Safety and Health Administration (OSHA) Safety and Health Standards (29 C.F.R. 1926) as authorized by the U.S. Department of Labor, OSHA; said responsibilities to be that of the Parties' contractor and/or their contractor's subcontractor. 3.4 The COUNTY's Capital Project, Impact Fees and Program Management Division Director, shall act as the COUNTY's contract manager under this Interlocal Agreement. As the COUNTY's contract manager under this Interlocal Agreement, the Capital Project, Impact Fees and Program Management Division Director shall also have the authority with prior written approval of the CITY to extend the limits and/or scope of Utility construction work; subject to the COUNTY's Purchasing Policy and approval as required by the Collier County Board of Commissioners. 3.5 During the construction phase of the PROJECT, construction engineering inspection services will be provided by CITY staff, COUNTY staff, a separately solicited engineering consultant firm, and/or any combination thereof. Periodic on -site inspections and construction reviews will be conducted by the COUNTY (or its designee) and the CITY (or its designee) to assess the contractor's compliance with the construction plans and contract documents. 3.7 The Parties shall each be provided with four (4) sets of the approved construction plans and contract documents for the PROJECT prior to commencement of construction activities. 3.8 Upon completion of any portion of the PROJECT, either the Utility or stormwater improvements portions, including work authorized under change orders and supplemental agreements, the CITY and COUNTY shall conduct a joint final inspection of the work with the CITY's and COUNTY's project managers and/or inspectors and/or engineer of record prior to the Parties' issuing final payment to the contractor. 3.9 The Parties shall properly dispose of all removed materials from the Project. 3.10 Payments to contracted firms for completed and accepted work, including design, permitting, and construction will follow the procedures identified in the Parties' relevant contract documents. The PROJECT expenses more specifically set forth in the construction ITB's Bid Schedule at Section 1: General, or as later added to this Agreement by a separate amendment in writing, shall be shared equally by the Parties (the "shared expenses"). The PROJECT expenses are apportioned as follows: COUNTY: 'Chat portion of the expenses required for the funding for the design, permitting and construction of the stormwater improvement portions of the PROJECT; and CITY: That portion of the expenses required for the funding for the design, permitting and construction of the Utility improvement portions of the PROJECT; and 3. Those portions identified as shared expenses (e.g., roadway, mobilization, maintenance of traffic, landscaping, etc.) on the ITB Bid Schedule to be agreed upon by the Parties or as later added to this Agreement through a written amendment by the Parties. 3.11 The COUNTY is responsible for the development and implementation of a public relations program for the PROJECT to address needed public support for the PROJECT. The COUNTY will coordinate with the CITY regarding the scheduling of any public meetings, workshops, information distribution, etc. deemed viable and necessary to inform the affected public about the planned stormwater and Utility improvements and the expectations they can have regarding fiscal, physical, and timing impacts related to the PROJECT. The COUNTY shall provide the CITY written notice of all public relations public meetings, workshops, and information distribution efforts at least five (5) working days prior to the meetings, workshops, or information distribution. SECTION IV: AGREEMENT TERMS ----l-6 B-7 4.0 This Interlocal Agreement shall remain in full force and effect from the date first above written and shall terminate upon the completion of all services and responsibilities mutually performed by the COUNTY and by the CITY to the written satisfaction of each to the other. It is understood that the actual termination date herein may occur on or about the date of final approval and acceptance of all Roadway, Stormwater improvements and Utility improvements by the Parties and subject to construction contract warranty provisions. This date is contemplated to be subsequent to the actual date of final approval and acceptance of the Utility improvements by the CITY and following any outstanding payments owed by the CITY to the COUNTY. 4.1 Within the COUNTY public easements and/or rights -of -way of the Area impacted by this Project, the Roadway and Stormwater improvements shall be maintained by the COUNTY or its assigns, and the Utilities improvements shall be maintained by the CITY or its assigns. 4.2 The COUNTY or the CITY may terminate this Interlocal Agreement prior to the completion of the Utility work upon thirty (30) days prior written notice each to the other. In the event of such termination by either party, the COUNTY shall be entitled to receive due compensation for the value of services rendered, construction performed, and termination costs as actually incurred. SECTION V: INSURANCE 5.0 The COUNTY and the CITY shall maintain insurance in at least the minimum amounts and types as required by Florida Statutes. 5.1 The COUNTY and the CITY agree that both parties are partially self -insured. Each shall provide to the other evidence of insurance in excess of the self -insured retention. 5.2 Nothing in this Interlocal Agreement shall operate as a waiver of the sovereign immunity afforded to the parties as provided in Section 768.28, Florida Statutes. 5.3 Insurance for the Parties' contractor and design engineer consultant will be addressed in the separate agreements entered into with those service providers. SECTION VI: MISCELLANEOUS 6.0 This Interlocal Agreement shall be governed by and construed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Interlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses excluding attorney's fees. Venue is in Collier County, Florida. 6_ l It is understood that this Interlocal Agreement must be executed by both parties prior to the COUNTY and the CITY commencing with the work, services, duties, and responsibilities described heretofore. 6.2 This Interlocal Agreement shall be modified or amended only by written agreement of both the COUNTY and the CITY through authorized representatives. 6.3 The County shall record this Interlocal Agreement at its sole cost in the Public Records of Collier County. SECTION VII: DISPUTE RESOLUTION 7 16B7 7.1 The parties recognize that they are entities subject to dispute resolution procedures set out in Chapter 164, Florida Statutes. 7.2 In the event of a dispute between the Parties concerning this Interlocal Agreement, the COUNTY and the CITY agree to attempt to resolve the dispute as expeditiously and inexpensively as feasible. Specifically, their respective staff will meet within ten (10) days of provision of notice of the dispute and attempt in good faith to resolve the dispute. They may jointly agree to a mediator to expedite and effectuate a resolution. If they are unable to agree upon a mediator, within ten (10) days thereafter, they shall jointly request the Chief Judge of the 201 Judicial Circuit to appoint a mediator qualified in construction law to mediate the dispute in accordance with the court's pre -suit mediation procedures. The mediation shall occur within ten (10) days after the mediator is appointed. If the dispute cannot be resolved at this level, the Chapter 164 remedies shall be available. Each Party shall pay equally in the cost of the mediation. IN WITNESS WHEREOF, the Parties hereto have caused this Interlocal Agreement to be executed by their appropriate officials, as of the date first above written. AS TO THE COUNTY: ATTEST: . Crystal K.Kinzel, CIerkr. of the Circuit Court And Calnptmller, Approved Jeffrey A. Clerk County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Chris Hal], Chairman 8 - 16B7 AS TO THE CIW OF NAPLES: ATTES�': •.. .. y:.. ti ma�cc'' Approves 7ks'to #"'K and legal sud?,n Iw: Ralf Brookes; ` Interim City Attorney CITY OF NAPLES, FLOR DA Teresa Heitmann, Mayor 9 16B7 Book 150 Page Agenda Item 7.13 Meeting of 1216123 RESOLUTION 2023-15260 A RESOLUTION APPROVING THE INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES TO DESIGN AND CONSTRUCT IMPROVEMENTS TO THE CITY -OWNED WATER DISTRIBUTION SYSTEM AND COUNTY -OWNED STORMWATER SYSTEM LOCATED WITHIN THE BIG CYPRESS GOLF AND COUNTRY CLUB ESTATES COMMUNITY; AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, portions of the City's water service area are located in unincorporated Collier County; and WHEREAS, the City of Naples owns and operates a water distribution system; And. - WHEREAS, Collier County has identified a need to upgrade iheToadtide stormuvaller system on Cypress Point Drive, Burning Tree Drive, '8nd _Mel -Jeri Drive, located within the Big Cypress Golf and Country Club.Estafet community, to address aging infrastructure and flooding concerns; "and : • . WHEREAS, the City desires to upgrade the watermains on Cypress Point Drive, Burning Tree Drive, and Mel-Jen Drive, as part of the overall construction project, to address pipe age and to meet current standards for minimum pipe size; and WHEREAS, the City and County mutually agree that it is economically advantageous and in the best interest of the public to undertake a joint project; and WHEREAS, the City is responsible for funding the water system improvements portion of the joint project, and the County is responsible for funding the stormwater improvements portion of the joint project, as outlined in the interlocal agreement; and WHEREAS, a three -party construction agreement will be utilized that will allow the City and County to issue independent purchase orders to the awarded contractor in order for each entity to account and pay for construction services that are specific to each entity; and WHEREAS, funding to pay for the water system improvements is available within the FY 2023-24 adopted budget (Water Sewer Fund) approved by City Council; and WHEREAS, it is in the City's best interest to enter into this Interlocal Agreement with Collier County; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: 16B7 Book 150 Page Resolution 2023-16260 Page 2 Section 1. That the above "WHEREAS" clauses are incorporated herein by reference. Section 2. That the Interlocal Agreement between Collier County and the City of Naples, a copy of which is on file with the City Clerk's Office, is hereby accepted and approved. Section 3. That the Mayor is hereby authorized to execute the Interlocal Agreement. Section 4. That this resolution shall take effect immediately upon adoption. PASSF.19;tt4 i�P-IV4'AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF: f_ES;tkdg THIS 6TH DAY OF DECEMBER 2023. A#tesf: OtJ ?'} IE :y hit'*ia L • 'sk, 0.G'ity C ` k Teresa Lee Heitmann, Mayor Approved as to form and legality: Ralf Brookes, Interim City Attorney Date filed with City Clerk: /a -/3- 23 Docusign Envelope ID: OF97D7B1-105D-45AD-A539-8BC06605B8B1 Collier County Procurement Services Notice of Recommended Award Solicitation: 25-8421 Title: Big Cypress Golf & Country Club Estates of Naples Secondary Drainage Improvements & Water Main Replacement Due Date and Time: October 23, 2025, at 3:00 PM Bidders: Company Name City County State Total Bid Amount: Responsive/Responsible Wright Construction Group, Inc. Fort Myers Lee FL $5,785,747.47 Yes/Yes Douglas N. Higgins Inc. Naples Collier FL $6,143,341.60 Yes/Yes ITG Communications Pembroke Park Broward FL $6,495,773.10 Yes/Yes Coastal Concrete Products, LLC dba Coastal Site Development Fort Myers Lee FL $7,162,690.74 Yes/Yes Quality Enterprises USA, Inc. Naples Collier FL $7,335,184.87 Yes/Yes Andrew Site Work, LLC Fort Myers Lee FL $7,808,483.00 Yes/Yes Ferreira Construction Company, Inc. Hobe Sound Martin FL $7,996,472.47 Yes/Yes Utilized Local Vendor Preference: Yes = No N/A Recommended Bidder For Award: On August 22, 2025, the Procurement Services Division issued a Construction Invitation to Bid (ITB) No. 25-8421, Big Cypress Golf & Country Club Estates of Naples Secondary Drainage Improvements & Water Main Replacement to three thousand five hundred and ninety (3,590) vendors. One thousand seven hundred and fifty-one (1,751) viewed the bid package. On September 11t", 2025, the County held a pre -bid meeting for interested Bidders. The solicitation was originally advertised for forty-five days (45) and was extended for a total of sixteen (16) days, during which time staff conducted additional vendor outreach. The County received seven (7) bids by October 23rd, 2025, the submission deadline. Staff reviewed the bids received and determined all bidders were deemed responsive and responsible, with minor irregularities. Staff determined that Wright Construction Group, Inc., is the lowest responsive and responsible bidder. Staff recommend the contract be awarded to Wright Construction Group, Inc., the lowest responsive and responsible bidder, based on the award of the Total Bid Amount for a total of $5,785,747.47. In addition to the total bid amount, County staff has allocated $328,254.47 and City staff has allocated $250,320.28 in Owner's Allowance, for Owner's use as directed. Contract Driven = Purchase Order Driven 0 Required Signatures Signed by: Project Manager: I ISOLL �6t6 12/22/2025 1 Docusign Envelope ID: OF97D7B1-105D-45AD-A539-8BC06605B8B1 by: Procurement Strategist: ( )tea' 12/22/2025 rgjngb-,t Services Director: Sandra Srnka 12/22/2025 Date Bowman December 15, 2025 Procurement Strategist Collier County Procurement Services 3295 Tamiami Trail East Naples FL 34112-5361 RE: EVALUATION OF BIDS/CONTRACT AWARD RECOMMENDATION SOLICITATION 25-8421 BIG CYPRESS GOLF AND COUNTRY CLUB ESTATES OF NAPLES SECONDARY DRAINAGE IMPROVEMENTS AND WATERMAIN REPLACEMENT Dear Mr. Scheid: Bids were received for the above -referenced project by Collier County on October 23, 2025. Bowman Consulting Group (EOR) has completed our review of the bid submitted by the lowest bidder for this project, and we are pleased to provide the following award recommendation. The scope of the project includes the replacement and upgrading of the secondary stormwater system, installation of new water main, driveway replacement, roadway patching, pavement overlay, and other incidental work within the Big Cypress Golf and Country Club Estates of Naples community. The water main replacement portion is being completed through an interlocal agreement with the City of Naples. Collier County Procurement's review of the bid tabulations determined that the apparent low bidder is Wright Construction Group, Inc. with a bid of $5,785,747.47. Their bid is approximately 27% lower than the Engineer's Opinion of Probable Cost (OPC) of $7,980,622.75. References were provided and the completed Vendor Reference Check Logs for each reference are attached hereto. The project references provided by Wright Construction Group, Inc. were all contacted. Only four of the five references were responsive. From the four responsive references, the FOR determined the references contain sufficient relevant experience with similar projects to demonstrate the required successful experience to complete the project. Wright Construction Group, Inc. is a corporation authorized to transact business in the State of Florida since 2005. Wright Construction Group, Inc. is registered with the Florida Department of Business and Professional Regulation as a Construction Business and a Certified General Contractor and Certified Underground Utility & Excavation Contractor, which registrations are current and active. The Engineer has worked successfully with Wright Construction Group, Inc. on several projects located in Lee and Collier County. Based on that experience, the favorable performance reviews provided on the Vendor Reference Logs and its licensing, it appears that it is a qualified firm to conduct the requested work. Based on the above information, Bowman recommends Wright Construction Group, Inc. be Q\FL-FTF,IY-HI,I\Ht,IDATA-Fh,1\2021\2021107\8200\BCGCCN - Storm -Hater Bid Eval\20251212 Bid Award Letter docx 950 Encore Way, Naples, Florida 34110 239.254.2000 bowman.com Procurement Strategist Collier County Procurement Services Big Cypress Golf and Country Club Estates of Naples December 15, 202S Page 2 awarded the Big Cypress Golf and Country Club Estates of Naples Secondary Drainage Improvements and Water Main Replacement project in the amount of $5,785,747.47. Should there be any questions, please feel free to contact our office. Si ly, David W. Schmitt, PE Senior Project Manager C. Rick Brylanski, PE, Bowman Q:\EL-FTMY-HM\HMt)ATA-EM\2021\2021107\8200\BCGCCN - Storm -Water Bid EvaU0251212 Bid Award Letter.doa bowman.com it Collier County VENDOR REFERENCE CHECK LOG Solicitation No.: 25-8421 Reference Check by: Salman Mohsin Big Cypress Golf and Country Club Solicitation Title: Estates of Naples -Secondary Drainage Date: 12/09/2025 System Improvements and Water Main Replacement Bidder's Name: Wright Construction Group, Inc. Phone: 239-254-2032 Design Entity: BOWMAN CONSULTING GROUP REFERENCE PROJECT: Burnt Store Road Widening Project Project Name: Location: Cape Coral, FL Project Description: Widen 2- lane highway to 4 lane divided highway Contract Completion Date: Jan 2021-March 2022 Value: $16,940,471 Project Owner/Title: Lee County BOCC 2115 Second St., Ft. Myers Owner's Address: Fl 33901 Phone: 239-533-8577 Owner's Vince Contact Person: Miller E-Mail: vmiller@leegov.com 1. Was project completed timely and within budget? (If not, provide details) Yes. 2. Was the submittal/review process performed satisfactorily? (If not, provide details) Yes. 3. Was the construction process performed satisfactorily? (If not, provide details) Yes. 4. Did the process run smoothly? Were there any changes? Describe below. Yes. 5. Was the contract closeout process performed satisfactorily? (If not, provide details) Yes. 6. Any warranty issues since closed out? Were they responded to and performed satisfactorily? No. -4) Collier County VENDOR REFERENCE CHECK LOG Solicitation No.: 25-8421 Reference Check by: Salman Mohsin Big Cypress Golf and Country Club Solicitation Title: Estates of Naples -Secondary Drainage Date: 12/09/2025 System Improvements and Water Main Replacement Bidder's Name: Wright Construction Group, Inc. Phone: 239-254-2032 Design Entity: BOWMAN CONSULTING GROUP REFERENCE PROJECT: Thomasson Drive Beautification Project Project Name: Location: Naples, FL Project Description: Roadway widening, drainage, landscape Contract Completion Date: June 2020-March 2021 Value: S6,022,618 Project Owner/Title: Collier County BOCC 3295 Tamiami Trail East, Owner's Address: Naples FL 34112 Phone: 239-252-8845 Owner's Tami Contact Person: Scott E-Mail: Tami.scott@colliercountyfl.gov 1. Was project completed timely and within budget? Yes 2. Was the submittal/review process performed satisfactorily? Yes 3. Was the construction process performed satisfactorily? Yes 4. Did the process run smoothly? Were there any changes? We had a few changes that Wright was able to handle quickly 5. Was the contract closeout process performed satisfactorily? Yes 6. Any warranty issues since closed out? Were they responded to and performed satisfactorily? No We went through three project managers in the yearlong project, the transition from PM to PM were abrupt and it made the billing and pay applications difficult, require them commit to one individual for the duration of the project. We had a CEI contractor on this project and their involvement was invaluable to keep the project on track. Make sure you have accurate existing current conditions, we ran into a lot of utilities not shown. it Collier County VENDOR REFERENCE CHECK LOG Solicitation No.: 25-8421 Reference Check by: Salman Mohsin Big Cypress Golf and Country Club Solicitation Title: Estates of Naples -Secondary Drainage Date: 12/09/2025 System Improvements and Water Main Replacement Bidder's Name: Wright Construction Group, Inc. Phone: 239-254-2032 Design Entity: BOWMAN CONSULTING GROUP REFERENCE PROJECT: Littleton Road Widening Project Project Name: Location: N. Fort Myer FL Project Description: Reconstruction & widening, drainage Contract Completion Date: Oct 2025 Value: $20,378,276 Project Owner/Title: Lee County BOCC 2115 Second Street, Ft. Owner's Address: Myers FL 33901 Phone: 239-533-8503 Owner's Keith Contact Person: Riddle E-Mail: kriddle@leegov.com 1. Was project completed timely and within budget? Yes 2. Was the submittal/review process performed satisfactorily? Yes 3. Was the construction process performed satisfactorily? Yes 4. Did the process run smoothly? Were there any changes? Project ran smooth. There were owner -initiated changes. 5. Was the contract closeout process performed satisfactorily? Ongoing 6. Any warranty issues since closed out? Were they responded to and performed satisfactorily? N/A Collier County VENDOR REFERENCE CHECK LOG Solicitation No.: 25-8421 Reference Check by: Salman Mohsin Big Cypress Golf and Country Club Solicitation Title: Estates of Naples -Secondary Drainage Date: 12/09/2025 System Improvements and Water Main Replacement Bidder's Name: Wright Construction Group, Inc. Phone: 239-254-2032 Design Entity: BOWMAN CONSULTING GROUP REFERENCE PROJECT: Three Oaks Extension -Phase 1 Project Project Name: Location: Fort Myers, FL Project Description: Extend Three Oaks Pkwy from Alico Rd. Contract Completion Date: Nov 2025 Value: $27,004,424 Project Owner/Title: Lee County BOCC 2115 Second St., Ft. Myers Owner's Address: Fl 33901 Phone: 239-533-8577 Owner's Vince Contact Person: Miller E-Mail: vmiller@leegov.com 1. Was project completed timely and within budget? Yes, the project was completed months ahead of schedule and under budget. 2. Was the submittal/review process performed satisfactorily? Yes. 3. Was the construction process performed satisfactorily? Yes. 4. Did the process run smoothly? Were there any changes? Yes. 5. Was the contract closeout process performed satisfactorily? Yes. 6. Any warranty issues since closed out? Were they responded to and performed satisfactorily? No. f) Collier County VENDOR REFERENCE CHECK LOG Solicitation No.: 25-8421 Big Cypress Golf and Country Club Solicitation Title: Estates of Naples -Secondary Drainage System Improvements and Water Main Reference Check by: I Salman Mohsin Date: 1 12/09/2025 Bidder's Name: Wright Construction Group, Inc. Phone: 239-254-2032 Design Entity: BOWMAN CONSULTING GROUP REFERENCE PROJECT: Burnt Store Road Widening Phase II Project Project Name: Location: Punta Gorda/ Charlotte County Project Description: Widen 2- lane highway to 4 lane divided highway Contract Completion Date: Oct 2021 Value: $25,934,837 Project Owner/Title: Charlotte County BOCC 18500 Murdock Cir. Port Owner's Address: Charlotte FL 33948 Phone: 941-575-3639 Owner's Lindsey Contact Person: Johnson E-Mail: lindsey.johnson@charlottecountyfl.gov 1. Was project completed timely and within budget? (If not, provide details) NO RESPONSE RECEIVED. 2. Was the submittal/review process performed satisfactorily? (If not, provide details) NO RESPONSE RECEIVED. 3. Was the construction process performed satisfactorily? (If not, provide details) NO RESPONSE RECEIVED. 4. Did the process run smoothly? Were there any changes? Describe below. NO RESPONSE RECEIVED. 5. Was the contract closeout process performed satisfactorily? (If not, provide details) NO RESPONSE RECEIVED. 6. Any warranty issues since closed out? Were they responded to and performed satisfactorily? NO RESPONSE RECEIVED. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("County"), a political subdivision of the State of Florida, and City of Naples," a municipal corporation organized under the laws of the State of Florida (the "CITY") (collectively, "OWNER") hereby contracts with Wright Construction Group, Inc. ("Contractor") of 5811 Youngquist Road Fort Myers, FL 33912, a Florida Profit Corporation authorized to do business in the State of Florida, to perform all work ("Work") in connection with Big Cypress Golf Estates & Country Club of Naples — Secondary Drainage and Water main Replacement, Invitation to Bid No. 25-8421 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Bowman Gulf Coast LLC, 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. Interlocal Agreement This is a jointly coordinated construction project between the COUNTY and the CITY, pursuant to their Interlocal Agreement entered into on December 6, 2023 (hereafter, the "Interlocal Agreement"), attached hereto as Exhibit 1-3 which is incorporated into this Td- Party Construction Agreement by reference. In part, the County is overseeing and responsible for the stormwater improvement portion and the City for the utilities (Water Main and Sewer) improvement portion of the Project as set forth in the Interlocal Agreement. Section 2. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 7 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 3. 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 4. Contract Amount. The Project payments to the Contractor will be made consistent with the Interlocal Agreement: 1 Tn-Pant Constwnon Semd Agreement: (2025_m.31 COUNTY: In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of County, County agrees to pay, or cause to be paid, to Contractor the following amount in accordance with the terms of this Agreement: Three Million Two Hundred Eighty -Two Thousand Five Hundred Forty -Four Dollars and Sixty - Eight cents ($3,282,544.68). CITY: In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of City, City agrees to pay, or cause to be paid, to Contractor the following amount in accordance with the terms of this Agreement: Two Million Five Hundred Three Thousand Two Hundred Two Dollars and Seventy -Nine cents ($2,503,202.79). PROJECT EXPENSES: The Project expenses, more specifically setforth in the construction ITB's Bid Schedule at Section 1: General, shall be shared equally by the County and City. See Exhibit A-1 contractor's Bid Schedule. The amount of Five Hundred Seventy -Eight Thousand Five Hundred Seventy -Four Dollars and Seventy -Five cents ($578,574.75) has been allocated as an Owner's Allowance. Any allowance dollar amount that has been included in the Contractor's Bid Schedule amount is not a guaranteed portion of the aforementioned Contract Amount but rather is only eligible for reimbursement by the Owner if and subject to whether a specific dollar amount of the allowance is expressly authorized by the Owner and formally agreed upon and memorialized by the Parties in writing (the "Owner's Allowance"). Any dollar portion of an Owner's Allowance that is not authorized by the Owner and memorialized by the Parties in writing, via Change Order, shall not be eligible for reimbursement/payment by the Owner as part of a Payment Application submitted by the Contractor. The County and City shall bear responsibility for payment of any Owner's Allowance to the Contractor depending on whether that portion of the Owner's Allowance utilized covers an expense as to the construction of stormwater infrastructure, Public Utilities infrastructure, or general shared items specifically set forth in the construction ITB's Bid Schedule at section 1: General. The total combined amount for the project (herein, "Contract Amount") is: Five Million Seven Hundred Eighty -Five Thousand Seven Hundred Forty -Seven Dollars and Forty -Seven cents ($5,785,747.47) not including the above stated Owner's Allowance. Section 5. 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 Amountfor each Owner, plus any approved allowance as provided in Section 4, 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 httos://www.fiscal.treasury.gov/surety-bonds/circular-570.html. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, 2 TnJ arty Cwstwdion Senates Agreement 12025_vec31 substitute at Its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. C. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Agreement, the specifications accompanying the Agreement, or to the work to be pertormad under the Agreement shall in any way affect its obligation on this bond, except as provided herein, and waive notice of any change, extension of time, alteration or addition to the terms of the Agreement or the work pertormed. The Surety agrees Yhat modificaticns and changes to the farms and conditions of the Agreement that increase the total amount to ba paid the Contractor shall automatically increase the obligation of the Surety on this bond and notice to the Surety is not required for such increased obligation. Section 6. Contract Times and Liquidated Damages. A. Time of Pertormance. Tim¢ is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notices to Proceed to ba issued by the Project Manager, as Hereinafter defined. Contractor shall comment¢ the Work within five (5) calendar days from the Commencement Data. No Work shall be performed at the Project site prior to the Com mancement Date. Any Work partorm¢d by Contractor prior to the Commencement Data shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within two hundred and seventy (270) calendar days from the Commencement Data (herein "Contract Tim¢"). The date of Substantial Completion of the Work (or designated portions thereof) is the data certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the us¢ for which it is intended, as more particularly defined herein at Section '16, Defined Terms. Contractor shall achieve Final Completion within thirty (30) calendar days after the date the Punch List is delivered to the Contractor. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Atl ministrator or Division Director, as applicable, acting directly or through duly authorized r¢presantatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since lima is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such avant, the Yotal 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 Eight Hundred Thlrt¢¢n Dollars ($3,8'13) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Com pl¢tion is reached, but the Contractor fails to reach Final Completion within the requiretl 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 completetl on the date specified by the Project Manager (or at his/her direction, the Design Profassionap as memorialized in the Certificate of Substantial Completion issued pursuant to the Yarms hereof, and as more particularly defined heroin at Section t7, Defined Terms. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a Fair and reasonable estimate of the Owner's actual damages at the time of 3 Trl-Party Conaimctlon Services P.®reemenF. [2025_vaL31 �- \/ C`_C/ 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 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 Oefa ult. For all contracts, 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 continua 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 whale or in part, through another contractor or its own forces, the Contractor and its surety shall continue to ba liable for the liquidated damages under The Agreement until Owner achieves Substantial and Final Completion of the Work, as more particularly defined herein at Section t7 (ii), Defined Terms. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. 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 extant Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owners recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 7. Exhibits Incoroorated. Exhibits Incorporated: Tha following documents are expressly agreed upon, attached hereto, and made a part of this Agreement for Solicitation #25-842t "Big Cypress Golf Estates 8< Country Club of Naples —Secondary Drainage and Water Main Replacement." a Trl-Party Concauc�lon 3eMces A9reemenL [2025_var.3] � Ar� Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractors Bid Submittal Forms and Adtlandums Exhibit A-3: Contractor's List of Ke`��`Personnel Assigned to the Project Exhibit B-1: Payment Bond Form IJ Not Applicable Exhibit B-2: Partormance Bond Form 0 Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D-1: Contractor Application for Payment Form Exhibit D-2: Schedule of Values Exhibit D-3: Stored Materials Record Exhibit E-1: Change Order Form Exhibit E-2 Work Directive Form Exhibit F-1: Certificate of Substantial Completion Form Exhibit F-2: Certificate of Final Completion Exhibit F-3: Punch List Form Exhibit G-1: Final Payment Checklist Exhibit G-2: Warranty Exhibit H: General Terms and Conditions Exhibit I-1: Supplemental Terms and Conditions � Applicable ®Not Applicable Exhibit I-2: Affidavit Regarding Labor and Services Exhibit I-3: Intarlocal Agreement The below reference documents are expressly agreed to ba incorporated by reference and made a part of this Agreement for Solicitation iR25-8421 "Big Cypress Golf Estates 8. Country Club of Naples —Secondary Ora lnaga and Water Maln Replacement.". The complete solicitation and contract documents, including any Addendums with attachments, are available on the Cou nty's on-line bidding system, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box (®)expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifcatfons O Exhibit K: Permits Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: Bowman Gulf Coast LLC ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 8. Notices A. All notices required or made pursuant to this Agreement by the Contractor to Owner/County shall be deemed duly served if delivered by U.S. Mail or E-mail, addressed to the following: Collier County Board of County Commissioners, FL c/o Transportation Management Services 2885 Horseshoe Dr. S. Naples, FL. 34104 Attn: Isabel Soto, Project Manager II Phone: 239-252-5867 Email: Isabel. soto@collier.gov 6 Trl-Perry Construcllon Services Agreamenl: [2025_ver.3] CAC: B. All notices required or made pursuant to this Agreement by the Contractor to Owner/City shall be deemed duly served if delivered by U.S. Mall or E-mail, addressed to the following: CI[y of Naples Utilities Department 380 Riverside Circle Naples, FL. 34702 Attn: Alex Ramos, P. E, Utilities Project Manager Phone: 239-27 3-477 7 Email: aramos@naplesgov.com C. 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 tlalivared by U.S. Mail, or E-mail, addressed to the following: Wright Construction Group, Inc. 5877 Youn9quist Road Fort Myers, FL. 33912 Attn: Mitch Bueltel, Chief Operating Officer Phone: 239-487-5000 Email: mitch.bueltai@wcgfl.cam D. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 9. PUBLIC ENTITY CRIMES. 9.7 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.733(2)(a), F.S. which reads as follows: "A person or affiliate who has bean placed on the convictetl 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 constructicn or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not ba awarded or parrorm work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the th rashold 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 70. Modification. No modification or change to the Agreement shall ba valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section ��. Successors and Assia ns. 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. 6 cn� Trl-Party ConsVudlan Servlcec /{graemenC [2o26_var.31 Section 12. Oovernina Law. Tha Agreement shall ba interpreted under, and its performance governed by the laws of the State of Florida. Section 13. No Waiver. The failure of the Owner to enforce at any lima or for any period of time any ono or more of the provisions of the Agreement shall not ba 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 14. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire ag reemant between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has bean entered into or will ba recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated, and superseded by the Agreement. Section 15. Sevarability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 16. Change Order Authorization. Tha 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 that authority is provided for under the Owner s Procurement Ordinance, as amended, and the farms of the Contract Documents. Section 17. Construction. (i) 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 tc as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have bean inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. (ii) Defined Terms: The following Defined Terms used in the Agreement shall be understood to be defined as expressly set forth below. Other terms referenced in the Agreement shall ba understood as they may separately ba defined herein or if not so defined shall be understood consistent with their natural and ordinary meaning. (a) "Application for Payment" shall mean the form provided by the Owner that is to be used by the Contractor in requesting a progress or final payment and which is to include such supporting documentation as is required by the Contract Documents. (b) "Construction Project" shall mean a Project, funded by Owner funds that involves the process of building, altering, repairing, improving. or demolishing any public structure or building, or other public improvements of any kind to any real property l CAO Trl-Party ConsVucOon Services Agreement [2025_var.3] owned or under the control of the Owner, which Work is being pertormed under a Construction Contract. (c) "Construction Services" shall mean all labor and materials to ba provided by Contractor in connection with the construction, alteration, repair, demolition, reconstruction, or any other Improvements to real property. Construction Services also means Work. (d) "Contract" or "Contract Documents" shall refer to those documents described in Section 2, subsection A of the Agreement. (e) "Defective" shall mean an adjective which. when modifying the Work, refers to WorK that is unsatisfactory, faulty, deficient or otherwise does not conform to the Contract Documents. (f) "Department" shall mean the Department or Division initiating and managing the Project on behalf of the Owner. (g) "Director' shall mean the Director or Administrator of the Department or Division initiating and managing the Project on behalf of the Owner. (h) "Final Acceptance" shall mean acceptance of the Work by the Owner as evidenced by the signatu ra of the Project Manager or Design Professional upon the Certificate of Final Completion form, Exhibit F-2. Final Acceptance shall be deemed to have taken place only if and when such signature is affixed to such certificate. The Certificate of Final Completion shall be signed only after the Project Manager has assurance by tests, inspection, or otherwise that all of the provisions of the Contract Documents have been carried out, Including completion of the Puncn List form, Exhibit F-3. (i) "Professional" or "Design Professional" shall mean the professional architectural/engineering Firm desig Hated to pertorm the design, Construction Engineering and Inspection ("CEI") services, by an existing agreement, or resident in-house Owner engineering services for the Work. At times, Owner staff may perform the design for the Work in-house and shall be considered the Professional in relation to the Work or a particular portion of the Work. (j) "Project" shall mean the total construction, of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents. (k) "P rojact Manager" shall mean an individual employed by the Owner and assigned to manage and administer the Project which is the subject of the Contract Documents. (1) "Proper Invoice" shall mean an invoice that conforms with all statutory requirements and all requirements specified in the Contract Documents. (m) "Punch List" shall mean the approved list of incomplete and/or deficient Work that shall be completed by the Owner and Contractor after Substantial Completion but before the Final Acceptance can be certified by the Project Manager. The Punch List enumerates the items required to render complete, satisfactory and acceptable e cn.0 Ttl-Perly Cons4uc�lon Sarvlcea Agreement [2025_oer.3] all Work by the Contractor. The Punch List Is developed by the Contractor, Owner and Professional (if any) in accordance with the provisions of the Contract and within the lima frames required therein. The Punch List essentially includes items of a minor nature; major items must be completed befo ra Substantial Completion and cannot be considered to be Punch List work. (n) "Schedule of Values" shall mean a schedule showing all activities of the Work subdivided into component parts In sufficient detail to serve as the basis for measuring quantities in place and/or calculating amounts for progress payments during construction. The Schedule of Values shall ba satisfactory in form and substance to the Project Manager. (o) "Substantial Completion" shall mean The status of completion of the Work which, in the opinion of the Project Manager as evidenced by a definitive Certificate of Substantial Completion, is com plate in accordance with the Contract Documents, except for minor outstanding items listed on the Punch List. Substantial Completion includes, but is not limited to, the following occurring: (t) the Work can be safely utilized for the purposes for which it was intended; (2) all regulatory agency requirements are satisfied, including occupancy permits, operating certificates and similar releases, (3) all operational testing has successfully occurred; (4) all required train in9 has successfully occurred; (5) ail close-out documents (such as as -built drawings, certifications, warranties, guaranties, test reports, test logs, operational manuals, etc.) have bean provided by the Contractor and accepted by the Owner, and permit acceptance by permitting agencies, If applicable, see Exhibit F-1. (p) "Work" shall mean the Work to be performed under this Agreement and shall consist of furnishing all tools, equipment, materials, supplies, and manufactured articles and for furnishing all transportation and services, including fuel, power, water, and essential communications, and for the pertormance of all labor, work, or other operations required for the fulfillment of the Agreement in strict accordance with the Specificaticns, schedules, Drawings, and other Contract Documents as Herein deft ned, all of which era made a part hereof, antl including such detailed sketches as may be fu rnishad by the Professional from lima to time during construction in explanation of said Contract Documents. The Work shall be complete, and all work, materials, and services not expressly shown or called for In the Contract Documents, which may be necessary for the complete and proper construction of the Work in good faith, shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no increase in cost to the Owner. (q) "Written Directive" shall mean a written directive and also referred to as work d Tractive, as required by in Exhibit H, Section 10.1, in the form that appears in Exhibit E-2 that Is issued to a Contractor from Owner in instances where the parties cannot agree on price and/or costs associated with work arising from differing, unforeseen or emergency site conditions and the work in question is part of the "critical path" of the contract schedule. A written directive should ultimately be followed up with an agreed upon Change Order. A verbal Work Directive may only be Issued in extraordinary emergencies when necessary to protect and promote the public interest, which shall be followed up with a written Work Directive within five (5) business days. e �c_FO Tr4Party Construc0on Sarvlccs Agreement [2026_v¢r.3] Section �8. 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 farms of any Supplemental Conditions shall take precedent¢ over th¢ Construction Agreem¢nt and the General Terms and Conditions. To the extant any conflict in the terms of the Contract Documents including the Owners Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Constructicn Agr¢ement 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 discr¢tion. Remainder of the page is /aft blank Intantiona//y. 'O cno Trl-Parry ConsVucllon Services ggreement [2025_vec3] IN WITNESS WHEREOF, the parties have executed this Agreement on the dates) Intlicatatl below. TWO WITNESSE ' IRST WITNESS �iet SfP-t� �Pn�c � _ Print Noma Q /�/�C�/� SECON ITNESS ��Qlit/�i� Print Nama ATTEST: Crystal K. Kinzal, CIarK of Courts & Comptroller TA Data: Approved as to Form and Legality: County AHornay Print Nama CONTRACTOR: Wright Construction Oroup, Ine. .Nc, aFF,ccel Print Nama antl Tltla Data: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Dan Kowal .Chairman t+ \IJ� TII-Pnrly Conalrvglon 9elNcaa Agree�nenl: (2026_vor.3( p�, ATTEST: City Clerk Data: Approved as to form and I¢gality: rao.�na a CITV OF NAPLES, FLO RIDA Mayor iz Ttl-Party Construction Servlcas Agreamanl 12026_var.3] C A.J EXHIBIT A-'1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGEI 13 %f ;/! � Ttl-Party Construction Services Agreemcnb [2025_vec3] l i�-eoa�e, c rt.. ma...... ca::do�.eGiwp�:"sKe n`.ro::i.,vw.m wd.. �....., a,o�.�.mM' ew�.ne�e.. cnr or u.o�..P we..aa...� �e�� CF.O �- � - _ CP.( EXHIBIT A-2� CONTRACTOR'S BID SUBMITTAL FORMS ANO AOOENOUM (FOLLOWING THIS PAGEI „ ��„� Ttl-Party Conatmction 3ewices Agrecmenl [2025_ve�.3] � . - _ __ _. - `FORMI.BID RESPONSE FORM -. - - .: ,.. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, RLORIDA Big Cypress Golf Esmtea wnd Country Club of Nwples Secondary Drwinaga [mprovnments wnd Wa[oa•main RePlacemen[ B]D NO. 2S-8921 Full Nome ofHidaer Wright Construction Group, Inc. Adam Busfnass Address 5811 Youngqufst Road, Fort Myers FL 33912 Plaae of Huslness 5811 You ngq uist Road, Fort Myers FL 33912 'telephone No. 239-481-5000 Fez No 239-481-2446 states ebntraotnra License# CGC 053444 Stara of Florida Certiflcele ofAu[hortty Docgmmt Number F0500001 3433 Federal Tax Iaandflaaxan Nnmber_20-2246559 DUNS# 873118199 ccR# 3EBF8 cage codes 3EBF8 To: DOARD OP COUNTY COMMISSIONBRS OF COLLIBR COUNTY, FLORIDA (hm�einaRer calted the Owner) The untlersigned, ea Hiddu� declares that the only person or parties interested In this Bid as principals are those named hm'ein, that this Hid Is submitted without collusion with arty other person, Srm rn' co[porodon; [ha[ i[ has oerefblly minetl the location of the proposed Work, the prnpoaed form of Agreement and ell other Connect Documents and Bontls, and Iha Conh'aot Drawings end Speciflcadons. Bidder paroposas, and ogress i£ [hie Bid is accepted, Bidder will execute the Agreement inoluded In [he Hidding Donumanb, m provide e11 n ary machinery, tools, epparetua end otfie- means of conshnctioq inoluding utility and transportation a rvices n saty m do ell fhe Work, end fu'niah ell [he matat'iais nd equipment specified or refbrred ro In the Comrect Down ants in the manner and time herein Vream'ibed and accoading ro the regniramants of the Owner as [herein set forth, tbrniah the ContrectoYs Bonds end Inauaance specified in the Oenerel Conditions of the CmtUacq and ro tlo ail other things required of the Cpnh'actor by the Conh'ec[ Documents, and that it will take fbll payment the sums se[ forth in the following Bid Sohedule: Unit Priem alanll ba p.rovidetl In no an ore Dmn two decbnal points, and In Rve case wbm�e furtlae� decimal points 'e hmdvertently provided, romadhvg to two decimal Points will be conducted by Procurement Seavices Dlvlaton ata[f. Upon rtotifloatlon that its Bitl has been awarded, the Suocessthl Bitlder will execute the Agreement form attacheA to the Bidding Documents wlthtn [wv (] O) calendar Aeys atd deliver the Surety Bortd or Bonds antl hvsutance Corti Hca[es required by the Contract Documents. Tlae bid saourity attached is [o become [ha property of the Owner in the event the Agrcernenq maorenca Certificates end Bonds are na[ exeouted end daltveed ro Owner within the rime above set forth, es Ilqultlatad damages, far [he delay awd additional ezpesa to dva Owner, It being recognized that, since time of the essence, owner will aufRr £nenotal loss if the SuccesstLl Biddw' fella to execute end deliver to owner the required Agreement, Imm�ence CartiRcetes and Bonds within the required time period. In the went of such fhilura, [ha total a unt of Owners damages, will ba difficulq if no[ impossible, [a definitely as vYain end quanH Py. I[ is hereby agixetl the[ it Is epproprla[e and fair that Owner receive liquidamd damages H'om tl a Sucoesatul Bltldar In [he event I[ fails [o a cute and deliver the Agreamenq lnsurencc Certificates, end Hands ez requh'ad heravndu�. The Successful Hitlder hereby expressly waives end rel(nquishas any right which it may have to seek ro characterize the above noted Iiquidalad damages a e penalty, which the parkas agree represents a fair entl reea noble estimate of Owners actual damages et the time of bidding if the Successful Hiddar fhils to execute antl deliver the Agrecmonq Insurance Cettfflaefea, end Bonds in a timely manner. Upon raeoip[ of the signed and approved agreement and Pu[chese Order, the vndureigned proposes ro commence work at the site within flue (S) calendar days fa'om the commencement data slipulaced In the written Nodae ro Proceed amless fha Prolee[ Managuy in writing, subsequently notifies fh¢ Succersfld 6iddor afa modified (later) commencemenf date. Tha undersigned thrthar agrees to eubsteMielly complete ell work c red by this Bid within two hundred and enty (290) consaoutive calendar tlgys, computed by excluding the cmnmencunent data end includirag the last day of such period, and to be fldly complaled ro fha point of final acceptance by the Owner within thirty (30) conseeu[Fve calendar days nfter [ha date the Punoh Lis[ is delivered [o fha Successful Bidder, computed by excluding commencement data and inolutling the lest day of such pu'ied. Acceptance and achnowladged by an Authaa9ze Agmat Hignatur � Mitch Bueltal _... CMaf Flnencial Officer 1 O/7/2025 ' - PORM3-MATERIAL MANUIrACTURER6 - ���- THIS FORM MUST BR COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVLr All Bidders shall confirm by signature Met [hey will provide the m nufac[mxrs end materials outlined in this Bid speciBcatians, including compliance with Florida Statute 255.20 to p ovide lumber, timber antl other forest produots produced end menufac[wxd in [ha States oPFlortdq es lonb` es the prioe, Rtnesa end quality ere equal. Hxcep[[ons (when equals ere acceptable) may be requested by completing the Material Manutbc[urer Hzception Lisf below. IF an caption foram nufac[urer and/or matea9al is proposed end listed below antl Is no[ approved by 8nginear/Pero}ec[ Mwneger, Bidder shall furnish the mgnufhawrcr named in the spec:Faetion. Acceptance afthia form Boas not constitute eccep[anu of material proposed on this list. Complete and sign section A Q$B. Sectiwr A (AcoepHnce of ail manufactures antl materials in Hid speci£cetions) On behalf of my firm, I confirm Met w< will use ell manufaturers end materials es specifically outlined In the Bid spmifications. Company: Wright Const ion Group, In¢_. .. . Signature, Mitch Buel[el "Data: t0/]/2025 Section B (Hxcaptlon rcgoested to Bid speaiSca[ions menufeclnrera and materiels) I P.XCBPTION MATHRIAi. ' MA ^IAA 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: ... _ ..' �. _ " - Signatma: � � � � Dntu [?n0 FORM 4 - L13T OP MAJOR SUBCONTRACTORS TH[S PORM MUST BR COMPLDTED OR D1D MAY HH D>;IDMPUD NON-R2tSPONffiVR The undersigned stntos that the following la a list oP the proposetl sulaconeraotora for the m jor categories ou[Ilnetl in the requirements of the Bid sped£cations. Tha undersigned acknowledges Its rwpona:bility for ensuring that the Subcontractors for Ne major eatagorias lietetl Ivereln a "qualified" (as daflned in Procurement Ordinance end /natnw[igna fo Hldtlers) antl meat all Iegai requirements applicable [o and necessitated by the Conernet Documents, including, but net ILni[ed to proper licenses, artlficmions, reglsnntlons and inamence a rage. The Owner r m'vas the rfgh[ ro disqualify arty Hidden who includes nou-compliant or non -qualified Subcouhscrors in Its bid offer. Rttreher, the Owner may direct the Successful H idder to remove/replaca any Subcontractmy at no eddi[lonnl cos[ tb Owner, which is found to be non -compliant with this requirement either bafbre or after the issuance o£tha Award of Contreet by Owner. (Attach additional aheeta as eetletl). Pur[her, the undersigned acknowledges entl ngreea [hat promptly after the Award of Contrnct, and in ordance with the requiramenta of the Conhrec[ Documents, the SuecasaNl Bidder shell Identify all Subconn'aorors i[ intentls ro use on the Prgjaot. Tha undersigned further agrees the[ all Subcontractors subsagvantly itlmtiflatl for any portion oiwork on this Pa oject must ba qualified as noted abov¢. Major Category of Work Subeonlreo[or end Addeess , - 1. 8lechical Glerlc u..+ b 2. Mechanical C Ks rN t 3. Phimbin C nr cer+3d _ 4. Slro Work GIer14 q.rrbb 5. Identify other aubcontractotx that txpreaent more then IO% of price or thaT effect the arltioel ath oPthe schedule CIu�K<ce.os6tocbJew 18 q7p F It:wS 1=adr {{��rw(�iN.0 i`sar'b f'tl4'srFL 3 3 4t3 Comperyy Wright Constructton Group, Iric. - -� Signetor � � � Itch' Bueltel 'Data. t D/Z2025 CAO FORMS-STAT1CMTi.NT OFIDXPBRIIENCIC OFBIDDICR ��'"� ���"`��� """�� THIS FORM MUST BLr COMPLPCTICD OR BID MAY BIC DDICMLrD NON-RTSPONSIVLs/NON- RLrSPONSIBLIC. The Biddw� Is raqupnd to ptrovide flue (5) project roferancas, stated below, of what work of similar magnitude completed within the less[ flue (5) years is a Judge of its axparlancq skill and business standing and "of i[a ability to conduot the wolic es aomplotaly and as rnpidly as requiretl under Iha terms of the Agreement. I' Burnt Store Road Widening Phase 11 (proiaot name) Punta GOMa /Charlotte Counly (pavJeoe looanon) when z-lane nwy a a -lane dwldaa nwy; t CP, Jeot daswlptlwQ Oc[ 2019 -Oct 2021 $ 25,934,83T (prgJeot starVcompledon setae) (contrmt value) �' 6urn1 Stores Road Widening -South Sagm (prgjeo[name) Capes coral, FL (prq]eet location) Widen 2-lane hwy to q-lane divided hwy; t (ry o]ect desoriptlon) Jan 2021 - Mamh 2022 g 16,940,4]1 (project slerVeompletion deros) (cdntraet value) 3' Thomesson odva BeeullIIcation (project name) Naples FL (prgjmt looatlon) Roadway widening, drainage, landscape, (prgjeol deawiption) Junes 2820 -March 2g21 $ g,o22,61g (p,roJeot eterVcomple[lon dates) (ponheot value) cnadette county Bocc 13500 Murdock CU. Port Charlotte FL 339ge (owner's atldreas) Lindsey Johnson Project Manager <ow,mr•a oonteoc pa�son) (fivla) 941-5]5-3839 Iindsay.f ohnean�chadottacountyg. gov (phone) (eme[p Lao County BOCC (projeotawner) 2115 Sacend S[., FI. Myers FL 33801 (ownw•e adareaa) Vince Miller Protect Manager (Owner's wntaot person) (tills) 239-533-65]] vm111arQleagov.com (pfiona) (email) Collier county 60Cc (project owner) 3296 Tamiaml Trell East, Naples FL 34112 (owner's ada.e,.) Tami Scott ProJact Mana9ar (OwneNa aontaoF peremt) (Iitla) 239-252-88g5 tamiscoltQp colllarcountyfl.gov (VLona) (email) CAp CON1'BVUAL-IIOIiM3-STATCSMIiNT OB IDXPBRILrNCB OB BIDDBB "�� 4' Llltle[on Road Widaning (pro}eat name) N. Fort Myers FL CP+ jeolloaeIIan) Raconsirucllon & widening, drainage. aspl (prq)eot deaoi'Iptlon) . ' October 2025 (eat) $ 20,3]5,278 (proJaot compbtion date) <contract value) =' Three Oaks Extension -Phase 1 Fort Myers FL (pmJea[looellon) Extend Three Oeka Pkwy from Alico Rd. tt (ptroJeo[ dexm'Iption) November 2025 (eat) $ 27,004.424 (projeot c mpletion data) (wntrmt veluo) Lee County BOCC 2115 Second Slreet, F[. Myers FL 33901 Kailh Riddle Project Manager (Ownm�'s conleot parson) (LLllej 238-633-3603 kdddle�laegov.com (phone) (small) Lee County BOCC (pmJeot owner) 2116 Second Slreet, Fort Myara FL 33901 ' Vince Miller PraJac[ Manager (OwnePa can[eet person) (title) 238-533-6577 ymiiler�laegov.com (phone) (email) comPanY: Wri9hl "ConstrucOon OrouP. Inc. �� �� � -�� �' �� 3:6namra: Date;' 1 O/7/2025 Mlfch Bueltal CAp . -.. .. _.-....-'Z+ORM 6-TRENCH SAFETY ACT :.-:... -. _.., . ... _. . THIS FORM MUST HE COMPLETED OR BID MAY HE DEEMED NON -RESPONSIVE. Bidder acknowledges that included In the varioua Items of tiva bld and In the Total Bid Prlca era casts for complying widr the Plarida 'IYanch Saf ty Ac[ (99-9fi, Laws of Florida) eff diva October 1, 1990. The Hiddu'tbrthar Identi£as the cos[ to be summarized below: Tmnoh Safety Vnits of Unit Unit Extended Coat Measure Meeswx (Ouantitvl Cost (Dasorio[lonl (LP.gVI ) SlmPle SIOPe LP S.o'�68 ,�lo � �,83ybso. oe z. 3. 4. 5. TOTALS 8^�-• 6H0 WdgFt Construc[lon. oup, Inc. Company: Signature: Mitch 6uel[el t',q r'� I RORM 7 -BID BOND TIiI3 I+OIiM MU59' BE OOMPLBTCD OR BID MAY BR DL+GMGD NON-RBSPONSIVIr;/NON- RBSPONISBLB KNOW ALL MHN BV 'PHESB PRBSfiN"15, Ihxt we WfAht Construction Group Inc. (herein attw' tolled the Prh,clpalj find W t S t C (he, cal letl the Surety), orporfltion chnrtared and existing under lha lvwa oFlhe Slnte oC South Dakota with il.e Prinoipnl offices in the nitY of�a� and authorized ro do business in the Stnte of Florida a held and Rnnly bound wrtc the Collier Count�ard o_f_CountV Commissioners (haroine Rcr anllad the Owner), in the full end just sum of F' � P t f th T t I A t bid dollvrs ($- ___ 5 % )good and lawtLi mon¢y of the Unimd Stales of Amer x, fo be pnid upon demand of the Owner, to wldeF paYmant well end truly to be mode, the Principal and the Surety biud lhamselvns, their heirs, and azecumre, edminiatrnaofs, and nssigns, jointly vnA aevornlly and i'irmly by these presents. Wharens, the Principal is nboart to submit, or boa submitted to the Owner, a Hid for Runishing all Inbor, matorixls, equipment m+d b,ci<lentnls necessary to Nrnish, Install, nvd fully complete the Work on the Project known ns 25-8321 BIg crp,'eaa calf Bam tea floe c¢„ntfy club nr rvxNea serommry Drainage In>P>'ayam aura a„a wntnrn.nla Replacetnenf. NOW, Tf-�RHFORH, if the Owner shell nccept Iha Hid of the PRINCIPAL and the PRINCIPAL shell enter h,to d+e requlre<I Agreement with rive Owner xnd within ten dnys nRer the Ua[e of a wriHan Notice of Awa,tl in ordvnce with the teens of sucb Bid, and give such bond ar bontls in en amount of 1 OD'>L, d,¢ total Cunanct Amount vs sl>e¢ilieal in [he Bidding DocumenLa or Contract Documems with gooal and sufliclent surety for the feithRJ perFannnnce oftha Agreement avd for R,e prompt Payment of labor, mmerlals entl supplies Furnished in the prosecwion thereof or, in the even of the f,ilura ofthe PRINCIPAL to enter into snob Agrcamun[ ar [¢ give such bond or bonds, xnd delivcf [o Owner the rcquirc<I certificates of Insurance, if [he PRINCIPAL ahnll eery to the OBLIGRB the Rxetl som of$ 5% noted above ns liquidated damnb'as, and not as n penalty, es provided in th¢ 6iddipg Oocunwnts, then this obligndon obeli be null and void, otherwise to remain in Rdl force m+d effect. IN TESTIMONY Tha.c t; the PrincipN nd Suroty have caused these presents to be duly signed and scnlpd aHi§""'•••.,•' 07 dny of Octobaf 20 25n � . v C!y r: is �a�: � '�. ! ' T,;: Wri ht Co tion Grou Inc. Ptdi.¢pid'� a ��Ut � � a��� -°_ o < BY Mire W Bu E<YEe� (8etn`3� i ?p0=> _ __ Western Suroty Company Surety- � ��-�' �"' �'> c (Seal)-., ...... - 1<eHn i Ic; bmay-In-Feel aM Llmneatl FL ReaMent Agent <' Counteraignod Aabova ' Appointed Produoing Agent for f'._ '<>�Lf � - <id::OD � - ' _('i 2! Il :.,; � � \'-roc:' : l� -1 `(`/`rI Western Surety Company POWER OF ATTORNEY APPOINTING INOIVIOUAL ATTORNEY -IN -FACT ICnxw All fide, Ity "1'bcsC I'rcxmaa. "fbnt WILS'fLRN $VRI:CIY COMI°ANY, n Son,b Onknlfl <om^mllan,, is n alma or8m,ixca nna csislin6 an Wnrmiml bnainS iax Ixinciln,l urtha in aac City of"5imm Polls. nna Stxw of SawN IJxkou,, nna thnl it aocx by virwe ol'IM1c siem,pnc anal senl bercin xllisca bomb>' make. wnxtirnte nasal nPPn nt Don Bramlage, Lanra D Mosholder, D A Belis, Brett M Rosenhaus, David R Hoover, Charles J Nielson, Chat9es D Nielson, Kevin R Wojtowicz, Inflivialually of Nllaml 1_nkes. 1°L, it a and Inw118 AlmrneY<s)-in-1°,ut rviab I4rll prover nna nmhnrip• Imroby c^nl'erreJ w xien. seal anal ¢xecuw Ibr anal ax, us bCbvlf bonds, unacnakinys nnJ tulhcr obli8nlory inslrun,enla of znnilnr nulurC - Lt Unlimited Amounts - nna w bind it lbemby us fulry' m,a ,^,be some extent nn if xueb inslrumenas ,eerc sienCal by n aolY m,lhaarizda officer aYthe corpnrm i^n nasal NI abe nos al'xnia Aum„nr. nm.nn�n 1^ n,e nwb^ri,y hmm�r awen, ore Fe.<br rmai«I nna =^^rr^.ed. _ l'bis H„aror nl' Atton,cy ix nav nna execuual panxunm w nna by annhoritY ^I'Ihe I3Y-Low nrinittl ou Um rcverze boreal. duly nanlamaL as inalicnlea. by Ibc zhurcholalcrs nl'16c uogron,tlon. In H'lu,cxs \\'bcrenC WES'I'LRN SURETY C'ONIPANY I,ns cnusca Ibcse pmsents to be signed by in Vicc Prcalaent nnA im corpomlc xexl w be hcmm nlllxCa on Ibtx 91b J,V' ^I' Pebrunp•, 2U2J. Msif WEST ERN SURETY C O MPAN Y ��s ° � ��� »a:� �•` /r. Ian rrcxiaflm 91a1e ol'Snulh Unkoln 1 res C^nn1Y ^I'Minncbnbn J! (h, ,M1ix 9lb any nl' I°ebn�nry. 2U33, bclbre n,o Perwnr,ly' cnrne I",ul'f. arnllnl. w mn knanen. wbu, bcin6 by mo <Ixry• xaav,rn, aid aepuxe anal xlpc lbm be rcsidcs in Ne C'il>' aaY Sioux Pnllx. 51n1c ol'Snxlb IMkom; ,bm he is lb< Vicc PrcsiUw,l oY W GS'I'FRN SURETY COM PAN V doscribcal in nasal wbid, cxcuuaval Ibc above inslrnmcnC Ilnn he knanvs lbe sent of snid c,rromlixnahnt the sal vllixcal to Ibc snial imvun,a:nl ix xneb c+rPum4: sexL lbxl it tarn zaa vdYircca laursannl to aunlwriry Siven by Ibc Uonnl of I>IrCcwrz aal'snid corlanmlian and Ilud be .ai6^Cd Fis nnnm lbcmao Pnsuflm m like nud,oril>•. nna nck�wwlealSex scone w Ge the am and dceal of snia mrP^rnlkn,. My av+nnnissialn esPires (-�'-a"�' "" ��t � y�/1 � Mnrc11 2, 2112E ��`v ao-�--��w �t / Y / / q _ -mil 1 �F/� C .A�r Y<.M/L/Uun . No m'y Pnblic CC12'1'IIrIGA"fG. L L. Nels^n. Assismnl ticcmlaq'^f Wli5fERN SURETY COMPANY no Oc,ebY ecrlif>' Ihnr IbC Yowm ofAlwrneY M1cminnbuve sax f n1, iP�61I� yfUlce� r ml ronuer crnip' rom n,e far-Lmc Mmn �^n,^rxa^^ prbuea ^n n,n maarxc bem^r Ix.xnn in R,mc. In mabmm,r .+ba:^:^r I bane bcmrmw x.m.�ril �$a, j- b:6;,e'' �: - . nml mrxen .bc xem w�Ibe x^ia c^nwmtin„ aax vas, am ^r onnher. mrzs = 1%'� � $I^.� _ � _ WESTERN SURETY COia�P�M� Y rx,.., raxw,.z±n'3 Con Go to www.cna S9L43>L rr—, > owner / obl}gee Services > valitlate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Lair ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY Tbie Power aP Attorney is mode antl executed Pureunnt to end by authority of the fbliowing By -Law dnly ntloptetl by the ahnreholdms or the eomranr� Section O. Ail bonds, poltcica. under[vkings. Powes of Auernry. o other obligatiens. oP tKe corporntibn shnll be ex cu[etl {n the corpornte n of tive Company by [hv President, Secretory, and Assistmt Secretory; Treasurer. or any Vice President. or by such other offices as the Bomtl oi'pimctors mvy outlmrize. The President, vny Vice Presitlenq Secretory, any Assismnt Secremry. or the Treasurer may appoint Auvmeys in Pact ar agents who shall have authority m Issue bonds, policies. or undermkings in the n¢me of the Company. Tho comorme seal Is nol necesavey fortho.ral(dity oYany bonds. policies. undanvk(ngs, Pawers oPAuomey or other vbtigvtions ofthc corporvtion. The signature of uny sucM1 oRicer vnd th<corporvte sevl may be printed by fheslmiie. d� � � ��4 3�S - 4 � E _ _ _� . ,Faf�'r � 2:.b�'y �a � ' 'J Collier County PROCIJR1CMLrNT' $LrRVICIif3 DIVISION FORM 9—CONCL[C'L OR [NTERELT C6RTI[+ICA'l'E The Ven<Im� comities that, to the best of its knowledge and belief, the past end c rent work on any Collier County p Jett affiliated with this solicitation does not yoae a con Flict of interest end is in compliance with the Prvewromen[ OI'dinance� Section gevau, Ethical giendnrds, that stoles: .•A consultant who participates in the drefling ofa solicitation or scope or who dwelopa a program for Nhn'e implammMtion that Bives rise to an actual conflict so as to unfairly bane£[ that conaul[anl to the disadvnntege ofany other frtura firms that could compatltively seek a County conttreat related m such program or project upon whioh the solicitation or scope is based, and which conflict is net otherwise curablq is not eligibb to canbact with the County { r any other contracts dealing with that apeciflo subject matter, and any tram in whicl+ such person has any interest fs not eligible [o starve such comract. However, this prohibition does not Vravant a vendm� who trosponds to a request £or information flour being eligible to contras[ with Iha CoontyY The Vendor certi0as thaq to the bast of its knowledge mud belief, the Vast end cannot work on arty Celliar County protect affiliated with this solicltetlon does not pose a conflict of interest es tlescribed by one of the throe categories below: Biased ga•ound rules —The firm 6es not set the "ground rules" for affiliated past or current Collier Connry project identified above (e.g., writing a Promnomcnt•s stafema>[ of work, speeiflca[ions, or per(brmh>g sys[enss engineerhag end technical direction £or the PmavremanQ which appears to skew rive compUition in ' favor of my firm. Impah•¢<I obJectivlty —The firm has not Performed work on a affllloted peat or car+'ent Coliler County project Identified above to evaluate Pro Posals /pas[ performance of itself m� a compatimq which calls into questfon the contractor's ability to rendea impartial advice to the government. - Unegnnl n a to haformntfon —The firm has no[ had e e m nonpublic information as part fits perFormanceeoP e'Cellier County prnjac[ identi£ed above which may have prrovided the eonnnc[ar (or nn affiliate) with en unfair cmnpetitive advantage in current or fiLLo+e solicitations and contrasts. In addition, the contrnator/vendor must provide the felbwinB, iP aPPlicable: I. All documents produced es n result aF[ha work con+pletetl iv the post or aurrmmly being woriwd on for the nbove- eneioned w'ajecr, and. 2. h>dioate ifthe infbnnation produced was obtained asamnmer ofunbliore ord (in the"snnshina")m'throughnon- pnblic (not h> the "sunshine") conversation (s), meating(s), donument(s) end/or other means. Failure to diactoae all ma[arinl or bourns n confllet of Intarex[ identified in one or more of the above theta categories vny rrosall in the tllsgnalification eor urban solicitations affiliated with Iha above refetronced pmJec[(s). By the signatmn below. the firm (employees, officer's and/or agents) certifies, and haaroby discloses, shot, to the beat oFrhelr knowledge and bat ref, all relevant fircfa concerning Past, present, r o urent(y Planned Interest or activity (flnmvclal, onvnohial, orgonizatlonal, or otherwise) whioh relates to the VioJectaldentifled above has bean fltily tlisolosad antl does oat pose an clgonizntlonal conflict. Untler pennitiea of pe.V' ury, I certify thol the InWrnmtion sirown on this form is correct to my knowledge and n duly corporate mrthorized representative with signattrax aathority. Con+pony Nau+a; Wright Construction Group, Inc. �mao t0/�/2025 gigue[ —C 'flue' Chief F{nanclal OfFlcar Mitch Bualtal Collier County PROCUREMLrpIT SERVICES DIVISION RORM 10—VENDOR DECLARATION STATEMENT BOARD OA COUNTY COMMfS8ION8Rg Collier Country Oovernmenl Complex Naples, Plorida 34112 Dem- Commissioners: The untlersigned, as Ventlar declares fhaf [his ansponse is node without c action or arrangement with any other parson and eha bid/proposal submittal is in avpry rospeet foie and made in good faith, without collusion or fraud and in c mpltnnoe with [he Proouremenf Ordimnce, Section Seven, 8thicnl Standards. The vendor certifies xo the best of their knowledge or beliet;�n elected/appointeA oFficial o mployee of Collter County. a spouse [hereofor other Person residing in the same household, is Bnandally interested, directly or indirectly, in providing the goods o specified in e:ry submitted bid or p:nposel. A financial intwns[ is tlefined n rship of more then o e pe>nenf (1%) of fhe fotnl wsseta or enphnl stack o[ beWg a officer, directrny managey pa fact, proprietor, or agent of the basineas submltling the bid or proposal m' o£any subconlractm' or supplier fherwF providing goods or cervices In excess of one parcenf (t%) ofehe total bid or proposal emoam[. Addi[[onally, the vendor, mpany lettarhend, must divulge at the times of the submittal of a bid or proposal, any relative, other then ehosa wlready specified, of an elected o � appointed official o wnployee of the County who has a financial intwast, in providing the goetls o rvices specified In the bid or p>nposal. The County, at its sole disoretlon, will determine whefhw• a cw>flict axisresand whether to accap[ or reject fhe bid or proposal. Tba Vendor hereby deolarxs the insttuctiona, purchase order terms and onditions, raquiramenta, end apeolfioatlons/swpe of work oPthis soligitntion have been lhlly axan>Ined and accepted. The Vendor agrees, if this solicitation sabmatel is accepted by Collier County, to accept a Purchase O.Mer as a farm of n formal conlraot or to ex cute a Collier County formal wnernot Eor purposes of eatnbllshing a wntrnc[ual ralatiaaship ba[ween the Vendor and Collter County, { r eha performance of all requiremanfs to which Ibis solicitation perenins. Tlae Vendor slates that the eabmtl[etl Is based upon fhe documents Iis[etl in this solicitation. The Vendor ogreea to c mply with the raquiramems it wrdance with rite terms, conditions and spacificntione denoted herein and mcord �>g m the pricing submitted wa a pwr[ pf Iha Vendor's bids. Rnrtlmr, the Vendor ogreea that ft nwm'dnd a conta'nct fm' these goods wad/oa'sm'vlcea and a subconerne[or la n related entity to fhn Vwadory than [ha Vondm• ahwll not maa•I[-nP lire aubcontrwetor•s fees. A related artlty shall be dofined n mrY Parent o subsidiary oP [he c mpany and m>y business, coaPorntlon, PmfneralrlP, limited Ifn bili[Y c mpnny o othm� entity in whlcl> tba eanrPmaY m n I>agont m n subsidiary of fhe con>pmry holds way ownership In[ergsy diroctly or indirectly. Undw' penalties of pe Jury, I Cmfity tlm[ the Infbrmatlon shown on this £orm is cou'eot to my knowletlge m>d a duly COfpOM[C atlthOrlZad represmrtaHve with aigna[au'e authority. Company Names: Wright Consfructlon Group, Inc. Data: '10/]/202$ Signahu'e: � ---�� Title: Chief Financial Officer Mi[cir Braaltal Collier County PROCIIIiLrMICNT 91iRVICCB DIVISION FORM 11-IMMIGRATION CERTIg'1CAT10N Vendors ere aululrad to be anrollad in the 8-Verity vrogrnm (Iutns�//w.vw-a- rife-eov/[, ¢t the times oPthe enbmiaalon of tho Vandm"s propoaei/bitl. Aoeeptabla evidence of your enrollment consists of n Dopy aP[ha peoperly completed 8-Verify Company Profile page w� a coVY of the fully a eu[etl 8-Verify Memornrtdmn of Untlara[nnding for the mpany avh/ch av)I! 6e proAmae/nr the Nita q/'/ha subndaslwr ofrha t�anrtor's bid Fnllure to do eo +vill result In tho Vondor'a aubnUaslon behag deemed non -responsive. Collier Connty will vot in[entlonalty n nrd Connty conbucts m any Vendoc wlw knowingly amploya n nulhorized alien warkeix+ constituting a violation of [he empleyanent provision contained in 8 U-S-C. Section 1329 e(e) Section 274ACe) of tiva Lnmigration and Nalloneltty Act C'dNA"). Collier County may consider the employment by any Vendor of unmdhorized ¢liana a violation of Section 294A (e) of the MA. Suoh Violntlon by [he recipient of the Employment Provisions contained in Section 294A (e) of the MA shall ba grounds for unilatm'al termination of the contract by Collier County. Vendor attests thnt they nre tblly compliant with all npVlicable imnvigrafion laws (speoi£enlly to the 1986 }mmigrn[lon Aot end aubsegneut Amendmanga), [het i[ is aware of and in mplianoa with the requirements set forth La Florida SMma[es §448.095, and agrees to comply with [ha ptmvisions oftha Memorandum ofOndeastantling with 8-Verify and to provides proef of emrollmm�[ in The 8n+yloymmt 811gibllity VariPication System (�VerSfy), opamtad by the Department oPHomeland Securtty in pm4narship with [he Social Security Adminbnn[ion et the times of subm fission of [he Vandor•e pmposnl/bitl. Under penalties of perjury, I cnfity that the information shown on this form Is correct to my knowledge antl a duly corporate authorized raVreaenle[iva with signature authority. Company Neme: Wright Constructlon Group, Inc. Date: i O/y/2025 Signs[ �L�--�� Tltb� Chief Financial Officer Mitch Busl[el (,��� Collier County -�-��,.- Procurement Sarvtcarzs Addendum #1 Date: September 3, 2025 From: Olivia Puga, Procurement Strategist Email: Olivia-PugaQco I I iercountyfl.gov Telephone: (239)252-4826 To: Interested Bidders Subject: Addendum #1 Solicitation #25-8421 The Following clarifications are issued as an addendum: As a result o£the recent Collier County Board approval of Procurement Ordinance 2026-34 the Construction Bid Instructions and Solicitation document have been updated and will be replaced. Change I: will be replaced with Construction Bid Instructions Version 1 Change 2: will be replaced with 25-8421 Solicitation Rl If you require additional in£ormatioq please post a question on our OpenGov (htt -// t / rt 1/ ll" - tv-fll bidding platform under the solicitation For this project. Please sign below and return a copy of this Addendum with your submittal Yor the above referenced solicitation. (Signature) Date o£Company Collier County Procurement Services Division Addendum tt2 Date: September 26, 2025 From: Olivia Puga, Procurement Strategist Email: Oiiv ia.PugaQcol] ier.gov Telephone: (239) 252-4826 To: Interested Bidders Subject: Addendum #2 #25-8421 -Big Cypress Golf and Country Club Estates of Naples Drainage Improvement The following clarifications are issued as an addendum: Change 2: Extend Question 8c Answer Deadline and Bid Due Date: QUESTION 8� and is extended to ANSWER DEADLINE: Tuesday, October '1, 2025, at 5:00 PM EST BID OPEN[NG and is extended [o DAY/DATE/TIME: Tuesday, October 14, 2025, at 3:00 PM EST I£ you require additional information, pleas¢ post a question on our OpenGov (htm �// t / tt I/ 11' - N-fll bidding platform under the solicitation £or this project. Please sign below and return a copy of this Addendum with your submittal for the above ref¢renced solicitation_ (Signature) (Name o£Company !' I t-,�/� �_—_ Collier County Procurement S¢rvices Addendum #3 pate: October 9, 2025 From: Rita Iglesias, Procurement Strategist Email: Rita.IglesiasQcollier.gov Telephone: (239j 252-1033 To: [ntw'ested Bidders Subject: Addendum #3 #25-8421 -Big Cypr¢ss Golf and Country Club Es[a[es of Naples Drainage Imorovemant The following clarifications are issued as an addendum: Change 3: Extend Question &Answer Deadline and Bid Due Date QUESTION � and is extended to ANSWER DEADLINE: Tuesday, October 14, 2025, at 5:00 PM EST BID OPENING T'uesday3�Mo� and is extended to DAY/DATE/TIME: Tuesday, October 21, 2025, at 3:00 PM EST Addition 1: 25-8421 Interlocal Acr¢emen[ Change 2: will be replaced with Construction Services Acreem¢nt 2025 Template ver 3 with Exhibits Change 3: ^� e o - --`- to be replaced with 25-8421 Bid Schedule Rl • Added columns to reflect allocation of funds for each respective entity. Change 4: 35-S4�ExbibiEJ is being replaced with 25-8421 Exhibit J - Technical So¢citica [ions 58c5 10.7 • Please see summary of changes below. Summary of Chances SECTION O1110 SUMMARY OF WORK, PARAGRAPH 1.05 PROJECT PHASING, REPLACE PARAGRAPH B WITH THE FOLLOWING B. The Contrackor shall develop a phasing plan for the secondary s[ortnwater improvements in conjunction with the water main replacement phasing plan. Work may be performed concurrently on the stormwater and water main portions o£the project. Restoration in each phase shall closely Follow the new / (<, Collier County Procurement Services Addendum #4 Date: October 20, 2025 From: Rita Iglesias, Procurement Strategist Email: Rita.IglesiasQcollier.gov Telephone: (239) 252-3033 To: Interested Bidders Subject: Addendum #4 #25-8421 -Big Cypress Golf and Counary Club Estates of Naples Drainage hnprovemen[ The Following clarifications are issued as an addendum: Change 1: to be replaced with 25-8421 Bid Schedule R2 Corrected formulas in Category 4: Line items 6-13 Change 2: Extend Bid Due Date BID OPENING and is extended to DAY/DATE/TIME: Thursday, October 23, 2025, at 3:00 PM EST If you require additional information, please post a question on our OpenGov (htt '// t / n V ll' - tv-fll bidding platform under the solicitation for this project. Please aign below and retury a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name o£Company l � ,.. , �1 construction. Driveways and roadway crossings shall be provided wish temporary surtgcing with Foal restoration completed prior to continuing to the next project phase. Note, the Foal asphalt overlay shall be completed at the conclusion of all project phases and prior to substantial completion. SECTION 01130 MEASUREMENT AND PAYMENT. REVISE PARAGRAPH 3.01(C)3. 3. Record Survey: Measurement and Payment shall be by Lump Sum for [he project The survey is to be completed in phases. Payment will be pro -rated during construction. Record Survey shall be completed in accordance with the Contract requirements. Record Survey shall be submitted within 15 days of completion of work at each phase. Separate Record Surveys shall be provided for stormweter improvements and water main replacement. MEASUREMENT 8s PAYMENT, REVISE PARAGRAPH 3(C) 26 26. Owner Allowance (County): Measurement and Payment shall be made at the appropriate contract price based on a time and material basis. The Contractor shall submit pricing including labor, material, and equipment For review prior to work. A Work Directive with a Change Order with the associated backup material shall be issued by the Collier County Project Manager prior to the work being completed by the Contractor. This shall be For unanticipated work due to un{oreseen conditions and other items. SECTION 01130 MEASUREMENT AND PAYMENT. ADD PARAGRAPH 3(C) 27. 27. Owner Allowance for Owner's Use as Directed (City): Measurement and Payment shall be made at the appropriate contract price based on a time and material basis. The Contractor shall submit pricing ncluding labor, material, and equipment for review prior to work. A Work Directive with a Change Order with the associated backup material shall be issued by the Collier County Project Manager/City Project Manager prior to the work being completed by the Contractor. This shall be For unanticipated work due to unforeseen conditions and other items. OWNER DIRECTED CONTINGENCY FUND Revise Section Title to Owner's Allowance in the Table o£Cantents. SECTION 01135 OWNER'S ALLOWANCE Remove existing Section and replaced. SECTION O1150 PROTECTION OF EXISTING FACILITIES General Clarification — Footer reference [o Poinciana Village should be for [he Big Cypress Golf and Country Club Estates Paragraph 1.09(A) Clarification— Vibration monitoring shall be limited to work shown on Sheets 13 and ] 3A of the stormwe[er plans: 25-842] Exhibit M —FOR R.E. Brylanski SFcS, pg. 17. SECTION 01330 SUBMI'I'I'ALS General Clarification —All submittals shall be made to the County Project Manager. The County Project Managor shall distribute the documents to the appropriate reviewing entity (CiTy of Naples, Engineer, and other County S[aft). Upon review, these documents will be returned to the Contractor by the County Project Manager. SECTION 01430 MATERIAL TESTING, PARAGRAPH 1.09(B)2 Revised as follows In paved areas: the Contractor shall perform a minimum of one density test per IiR of backfill per 100 lineal feet At roadway crossing and driveways, a minimum o£ one density test per lift of back£ 11 shall be performed. Additional tasting shall be performed by the Contractor i£required by the authority having jurisdiction. APPENDIX A COLLIER COUNTY SUPPLEMENTAL CONDITIONS PARAGRAPH 3 CLARIFICATION The City of Naples has a Facility located on the east side o£Mooring Park Drive, north of Solana Road. The £aciliTy has a water storage/pump facility, raw water wells, and a police department training facility. A portion of the site is available £or material and equipment storage. Following awaM o£ contract, a meeting will be held on site to determine the portion of the site that is available for use- It is critical throughout use of the site that security ba maintained and access limited <o those who have Collier County security badges- The Contractor will be required to name the City o£ Naples as additional insured and provide a copy of the Certificate o£ Insurance to the City. A staging plan £or use of the facility including a description of how the site will be maintained during construction and then restored at the conclusion o£ the project shall be provided for review and approval - PARAGRAPH 9 For unpaved areas, compaction tests are to be taken at 400 feet or a minimum o£ one test per every section of pipe installed. PARAGRAPH 30 The name of the project shall be revised to Big Cypress Golf 8c Country Club o£Naples Secondary Drainage System Improvements and Water Main Replacement- CONSTRUCTZON SERVICES AGREEMENT, EXHIBIT H GENERAL TERMS AND CONDITIONS Clari£cation: The proposed project will be completed under two separate purchase orders. One will be issued by Collier County and one by the City o£Naples. Therefore, separate payment applications will be required for each entity along with the supporting information. The Applications £or Payment shall be submitted concurrently for review to the County Project Manager. I£ you require additional information, please post a question on our OpenOov (htt -// t / rtal/ ll" - tv-fll bidding platform under the solicitation £or this project. Please sign below and return a copy oY this Addendum with your submittal for the above referenced solicitation. Date (Name o£Campany EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIG NEO TO THE PROJECT Name Ryan Midolo Ivan Blanco Personnel Cateaory Construction Superintendent Project Manager 15 � Trl-Party Cons[rucllon Servlws AgreemanC [2026_ver.3] �' -��� I EXHIBIT B-1: PUBLIC PAYMENT BOND (Following This Pape) Tri-P. rly Cunstnualun Sorvlcus Agmonient: 1202!i yecYl Bond No 30253434 EXHIBIT B --1: PUBLIC PAYMENT BOND Contract No. 25-8421 KNOW ALL MEN BY THESE PRESENTS: That Wright Construction Group, Inc. as Principal/Contractor, located at 5811 Younqquist Road Fort Myers FL 33912 Telephone: 239-481-5000 (Business Address and Telephone Number), kindWestern Surety Company , as Surety, located at 151 N. Franklin Street, Chicago, IL 60606 Telephone: 312-822-5000 (Business Address and Telephone Number) a duly organized corporation, nationally recognized surety company licensed and/or registered to engage in the surely business in the State of Florida and enter into agreements of surety with a resident or non-resident agent licensed to conduct business in the State of Florida and existing under and by virtue of the laws of the State of Florida, are hell and firmly bound to Collier County Board of County Commissioners, located at 3299 Tamiami Trail East, Suite 102, Naples, FL 34112-5746, Telephone: (239) 252-8999 as Obligee in the sum of _ Six million three hundred sixty-four thousand three hundred twenty-two and 22/100 DOLLARS ($ 6,364,322.22 ), this includes allowance, lawful money of the United States of America, for the payment of which, well and truly be made to the Obligee. The Principal/Contractor and the Surety bind themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents as follows: WHEREAS, Principal/Contractor has entered into a contract dated as of the _ day of , 20_ with Obligee for * See below (Project) with the Obligee, to furnish at Principal/Contractor's own cost, charges, and expense all the necessary materials, equipment, andlor labor, in strict and express accordance with the Contract, which Contract and all exhibits, is made a part of this Bond as fully and completely as if said Contract were set forth herein, is referred to as the Contract. NOW, THEREFORE, the conditions of this obligation are such that, the above bounded Principal/Contractor shall promptly make payments to all persons supplying materials, equipment, services and/or labor used directly or indirectly by said Principal/Contractor or subcontractors in the prosecution of the work provided for in the Contract in accordance with Sections 255.05 or 7*13.23, Florida Statutes; then this obligation shall be null and void and of no further force and effect; otherwise to remain in full force and effect; AND, the said SURETY for value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terns of the Contract or to the services to be performed, or materials to be furnished thereunder, shall effect said obligation of the SURETY on this bond, and the SURETY does hereby waive notice of any such changes, extension of time, alterations, or additions of the terms of the Contract, or to the work, or to the scope of services, or any other Big Cypress Golf Estates & Country Club of Naples - Secondary Drainage and Water main Replacement, Naples, FL _ changes, compliance or noncompliance to the terms of the Contract as to the work or scope of services. The Surety agrees that modifications and changes to the terms and conditions of the Agreement that increase the total amount to be paid the Contractor shall automatically increase the obligation of the Surety on this bond and notice to the Surely is not required for such increased obligation. Claimant shall give written notice to the Principal/Contractor and to the SURETY as requested by Sections 255.05 or 713.23, Florida Statutes. Any actions against the Principal/Contractor or the SURETY shall be brought within the time specified by Section 255.05 or Section 713.23, Florida Statutes. IN WITNESS WHEREOF, the above parties have executed this instrument this Of46 day of — Hat06 , 20". the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority pt., its governing body. a� """"'••,,, In C. '•., Signed, sealed and delivered in the presence of: PRINCIPALICO ACTOR: Wright Construction Group, Inc. l t v,'•� rUjJy �+ Signature .w674C.Pwet aridLrac vw Name and Title STATE OF V61 da— COUNTY OF L*k- The foregoing instrument was acknowledged before me by means of -( physical presence or online notarization, this °day of (yocch 2021& by �1 >}�he1 as \1 of Varinln •a.Ualria corporation, on behalf of the corporation. JI/She is personalIv know to,ing OR has produced identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) Notary Public, State of F &y7%A& PRY PCB ro, •.,�� DALIANARANJO Commission No.: _NH 36�500 NQ� Commission#HH387500 - 9'Fovc�oe`O Expires April 17, 2027 Authorized Signature Kevin R. Woltowicz, Attorney -in -Fact (Printed Name) STATE OF Florida COUNTY OF Pinellas Western Surely Company 151 N. Franklin Street, Chicago. IL60606 yy0:IVpy�i;�1 (Business Address) u'.60Cti s,��•>a n S � r�1�rn11finwI00 CORPORATE ACKNOWLEDGMENT The foregoing instrument was acknowledged before me this kV* clay of"g�, 20Z(p by Kevin R. Woltowicz (name of officer or agent, title of officer or agent), of Western Surety Company (name of corporation acknowledging), a SD (state or place of Incorporation) corporation, on behalf of the corporation. .Lie/She is (personally known to met (Waxx►yWxxxpMd=ftcXXU?jKvk"tap) known (type of identification) (as identification) and (did4i6mW) take an oath. ��y p Eileen C Heard a4 Notary Public State of Florida ry MY Comm. Expires 10/22/26 Signature of Person Taking Commission# HH324077 Acknowledgment Bonded through RU Insurance Co. Eileen C. Heard Name of Acknowledger Typed, Printed or Stamped \ r EXHIBIT B-2: PUBLIC PERFORMANCE BOND (Following This Page) 17 7 Trl-Party Conslructlon Services Agreement: 12025_ve,31 `, EXHIBIT B —2: PUBLIC PERFORMANCE BOND Bond No. 30253434 Contract No. 25-8421 KNOW ALL MEN BY THESE PRESENTS: That Wright Construction Group, Inc. as Principal/Contractor, located at 5811 Youngquist Road, Fort Myers, FL 33912 . Telephone:239-481-5000 (Business Address and Telephone Number), and Western Surety Company , as Surety, located at 151 N. Franklin Street, Chicago, IL 60606 Telephone: 312-822-5000 (Business Address and Telephone Number) a duly organized corporation, nationally recognized surety company licensed and/or registered to engage in the surety business in the State of Florida and enter into agreements of surety with a resident or non-resident agent licensed to conduct business in the State of Florida and existing under and by virtue of the laws of the State of Florida, are held and firmly bound to Collier County Board of County Commissioners , located at 3299 Tamiami Trail East, Suite 102, Naples, FL 34112-5746, Telephone: (239) 252-8999 as Obligee in the sum of Six million three hundred sixty-four thousand three hundred twenty-two and 22/100 DOLLARS ($ 6,364,322.22 ), lawful money of the United States of America, for the payment of which, well and truly be made to the Obligee. The Principal/Contractor and the Surety bind themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents as follows: In the event of a default by the Principal/Contractor, the Surety shall assume all obligations of the Principal/Contractor under the Contract including providing the required scope of services set forth in the Contract assuming all warranties, providing all as built drawings, meeting all indemnification and insurance requirements, payment of royalties and license fees, providing for the safety of persons and property and all other obligations of the Principal/Contractor under the Contract. WHEREAS, Principal has entered into a contract dated as of the _ day of 20_ with Obligee for * See below (Project) with the Obligee, to furnish at Principal/Contractor own cost, charges, and expense all the necessary materials, equipment, and/or labor, in strict and express accordance with the Contract, which Contract and all exhibits, is made a part of this Bond as fully and completely as if said Contract were set forth herein, is referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS BOND and obligation is such that, the above bonded Principal/Contractor shall in all respects fully, promptly, and faithfully comply with the terms and conditions of the Contract, including all exhibits, and shall indemnify and save harmless the Obligee against and from all costs, expenses, damages, including but not limited to damages for delay due to the Principal/Contractor's default, attorney's fees, including appellate proceedings, injury, or loss of which said Obligee may be subject by reason of any wrongdoing, misconduct, want of care or skill, negligence, failure to petition within the prescribed time, delay or default, including patent infringements, on the part of said Principal/Contractor, its agents, or employees, in the execution or performance of the Contract; then this obligation shall be void; Big Cypress Golf Estates & Country Club of Naples - Secondary Drainage and Water main Replacement, Naples, FL otherwise, to remain in full force and effect for the term of the Contract, including any and all guarantee periods as specifically mentioned in the Contract; AND, 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 and service to be performed hereunder, or materials to be furnished thereunder or the specifications referred to therein shall in anywise affect the Surety's obligations under this bond, and the Surety does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract, or to the scope of services including the work, or to work or to the specifications to be provided by the Principal/Contractor or any other changes, compliance or noncompliance to the terms of the Contract as to the scope of services. The Surety shall be responsible for delay, damages or liquidated damages due to Principal/Contractor's default and consequential damages for Surety's failure to fulfill its responsibilities as set forth herein. The Surety agrees that modifications and changes to the terms and conditions of the Agreement that increase the total amount to be paid the Contractor shall automatically increase the obligation of the Surety on this bond and notice to the Surety is not required for such increased obligation. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. Any suit under this bond must be instituted within five years from the date Obligee obtained actual knowledge of the cause of action. IN WITNESS WHEREOF, the above parties have executed this instrument this Ialt day of "Udn , 20 1.1#_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL/CO TRACTOR: Wright Construction Group, Inc. Signature 01r7C*4r4L QaEcTG+� 1/100 Name and Title STATE OF P6o6cjo, COUNTY OF Lej ' n ..••:vnli�. The foregoing instrument was acknowledged before me by means of X physical presence or —online notarization, this Alt day of Necelm 20_Z6 by P.w#_t}c\ as of Cons�"UCA\e,r,(rOU a corporation, on behalf of the oration. LIg/She is Personally known to me OR has produced identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) Notary) (Legibly Printed) Notary Public, State of Tka tda DALIANARANJO Commission No.: IA" BenSW w Commission HHH387500 9rEa roe Expires Apol 17, 2027 SUR5TY: t �- Authorized Signature Kevin R. Wojtovricz, Attorney -in -Fact (Printed Name) ATrl:; Amy Scott, Wit ess STATE OF Florida COUNTY OF Pinellas Western Surety Company 151 N. Franklin Street CORPORATE ACKNOWLEDGMENT ' VC y rr4rr sti : 3 cep s 2 ©'• ;�bdpd N 00 ; � cin; g . . The foregoing instrument was acknowledged before me this 101% day of�Lr CJq , 202. p by Kevin R. Wojtowicz (name of officer or agent, title of officer or agent), of Western Surety Company (name of corporation acknowledging), a So (state or place of incorporation) corporation, on behalf of the corporation. jig/She is (personally known to met (Qrxxxxxkwrp xxxxktC.QkI mOxxxxxWA6Mti pAgpn) known (type of identification) (as identification) and (did/didxwotk take an oath. Eileen C Heard $ Notary Public State of Florida My Comm. Expires 10/22/26 `� Commisskx>!f HH324077 �P IP Bonded through RLI Insurance Co. Signature of Person Taking Acknowledgment Eileen C. Heard Name of Acknowledger Typed, Printed or Stamped Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All \len By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and Stale of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Don Bramlage, Laura D Mosholder, D A Belis, Brett M Rosenhaus, David R Hoover, Charles J Nielson, Charles D Nielson, Kevin R Wojtowicz, Individually of Miami Lakes, FLjIs true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts ofsaid Allomey, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by Cite shareholders of the corporation. In witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of February, 2023, � WESTERN SURETY COMPANY i W (�aggr`^ : 8;�``SEA�• ��Ya rptl�P attl T. BmOat, Vice President State of South Dakota County of Iv I ss On this 91h day of February, 2023, before me personally came Paul T. Bruflal, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed orsaid corporation. My commission expires """`""""""` M. BENT s/�Tamurrrueue,�a,. March 2, 2026 S somx o�amara�f M. Dent, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Allomey hcreinabove set forth is still in force, and further certify that lite By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corpomtjon I1iis;19th day of March, 2026 o•,' ✓'� Soaer,. WESTERN SURETY COMPANY 0 yeq C OPN/////� L, Nelson, Assistant Secretary Fona F4280-1-2012 Go to www.cnasuretv.t:om > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. EXHIBIT B-3: INSURANCE REQUIREMENTS /Fol/owlno This Paoe) t9 Ttl-Party CanshucOon Services ggreemcnL [2023_var.3] - -� EXHIBIT B-3: INSURANCE RE UIREM ENTS 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 herein. 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 team, 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 insu rants. 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 meat 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 Hamad as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier Ccu nty, 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 sat forth herein 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. Coveraga(s) shall be maintained without interruption from the date of commencement of the Work until the data 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 ba provided by Contractor hereunder, Contractor shall immediately take slaps to have the egg regale limit reinstated to the full eMent permitted under such policy. Shollld at any time the Contractor not maintain the insurance coverages) required herein, Yha County may terminate the Agreement or at Its sole discretion shall be authorized to purchase such coverages) and charge the Contractor for such coverages) purchased. If Contractor fails to raim burse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due 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 coverages) purchased or the insurance company or companies used. Tha decision of the County to purchase such insurance coveraga(s) shall in no way ba construed to ba 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 CertiFcate(s) of Insurance not later than tan ('10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificates) shall be considered justification for the County to terminate any and all contracts. /,��� [2o2a_� ctl FORM 8 - INSURANCE AND BONDING REQUIREMENTS Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation 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 h!Ws:Hgpps.fldfs.com/bocexgnipt/ 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 current ISO form Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall include Premises and Operations; Independent Contractors; Products and Completed Operations, and Contractual Liability. For construction projects the aggregate limit shall be endorsed to apply "Per Project. 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 Contractor/Vendor 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 noted: Occurrence $ Per ❑ 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 $ each occurrence if applicable to the completion of the Services under this Agreement. ® Pollution Occurrence ❑ Professional Liability aggregate ❑ Crime/ Employee Dishonesty Occurrence $_1,000,000_ Per Per claim & Per ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence ❑ Other: Cargo Insurance $ Per Occurrence ❑ Other: $ Per Occurrence 7. ® Bid Bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as °ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of County 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. Vendor's Insurance Acceptance By submission of the bid, the Vendor accepts and understands the insurance requirements of these specifications, agrees to maintain these coverages through the duration of the agreement and/or work performance period, and that the evidence of insurability may be required within five (5) days of notification of recommended award of this solicitation. GG — 7/22/2025 EXHIBIT C RELEASE AND AFFIDAVIT FORM (T / L F F !/ ThF P ) 2 Trt-Party Constmctton Services Agre¢m¢nC [2025_vec3 �� EXHIBIT C: RELEASE ANO AFFIDAVIT FORM COUNTY OF( t STATE OF( 1 Before ma, the undersigned authority, personally appeared who after being duly sworn, deposes and nays: (t) In accordance with the Contract Documents end in consitlaretion of $ to ba recalved, ("Contractor") releases antl waives for itself and its subcontractors, material -man, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in Sort, against the board of County Commissioners of Collier County, Florida, relating in any way fo the pertormance 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 affective until said payment is received in paid funds. (2) Contractor certifies for itself antl its subcontractors, material -man, successors and assigns, that all charges for labor, materials, aupplles, lands, licenses and other expanses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall ba fully satisfied and paid upon Owners payment to Contractor. (Sj Contractor agrees to Indemnify, defend antl save harmless Owner from all demands or suits, actions, claims of liens or other chargers filed or asserted against the Owner arising out of the partormanca by Contractor of the Work covered by this Release and Affidavit. (4) This Raleasa and Affidavit Is given in connection with Contractor's [monthly/final] Application for Payment No Contractor's Signature Names and Title STATE OF COUNTY OF Tha 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. Ha/She is personally known to ma OR has produced identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, States of Commission No.: EXHIBIT O-'1 CONTRACTOR APPLICATION FOR PAYMENT FORM 2* � rr�-Party cosvucuon serm�es a®reamane Izazs_�.�] , `� EXHIBIT D-� FORM OF CONTRACT APPLICATION FOR PAYMENT Col/ier Count Board of Count Commissioners the OWNER or Co//ier Count Water -Bawer Owner's Project Manes ar's Names: Bid No. Pro'ect No. Coun 's Division Names Purchase Order No. Submitted by Contractor Ra rasantative: Name Application Da[a: Contractor's Names & Address: Payment Application No. Ori final Contract Times: Ori final Contract Price: $ Revised Contract Times: Total Chan a Orders to Data: Revised Contract Amount: Total Values of Work Completed & Stored to Oate: $ Ratainega QS% through $ Insert Data Ratainage (� 5 % through [Insert date $ Retainaga Q /o $ after Insert data Lass Ratalnaga $ Total Earned Less Retsina e $ Lass revious a manf s Percent Work Completed fo Date: % AMOVNT DUE THIS APPLICATION: $ Percent Contract Times Com lefad to Data: % Liquidatatl Damages to Ba Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: Tha undarsig netl CONTRACTOR certifies that: (�) all previous progress payments received From OWNER on account of WorK done under the Contract referred [o above have bean applied to discharge in full all obligations of CONTRACTOR Incurred in connection with Work covered by prior Applications for Payment numbered 'I through _inclusive; (2) title [o all materials antl equipment incorporated in said Work or otherwise listed in or coveretl by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security Interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have bean paitl for work which previous payments were issued and received from the OWNER antl that current payment is now due; antl (4) CONTRACTOR has only included amounts in this Application for Payment properly duo and owing and CONTRACTOR has not includetl within the above referenced amount any claims for unauthorized or changed Work that has not bean properly approved by Owner in writing and in ativance of such Work. Contractor's Name Contractor's Si nature: Typo Ti[la: Data: Sha!/ be s/goad by en authorized asentativa of fha Contractor. Pe manf to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended b Dasi n Profassionel's Names: SI nature: Data: Pa moot to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended b Owners Pro ec[ Manes ar Nema: sl nature: Data: l' ' EXHIBIT �-2 SCH EOULE OF VALUES (T / f F Fo//owMa This Paoel 2z Ttl-Party ConaVucllon Services AgreamanC �2026_veE3)�+_ a a 1' EXHIBIT �-3 STORED MATERIALS (Tema/ate Form FOI/owinn This Paoel z Ttl-Party Constvcllon Servlc¢s Agre¢manL [z025_ .9] ] w o � w � s� �� �s �� �� � V N G yr 6 2 � a O � a d f >U S K a y c $$� E S S E �cro EXHIBIT E-1: CHANGE ORDER (T ! t F F /! f This Pao¢) za TrtParty Construc[lan S¢rvlces /{gre¢msnt [2025_vars ` c:r.�� EXHIBIT E-1 CHANGE ORDER FORM Contract# CO# P rojact Nama: Collier County Procurement Services pp# Project #: Sslac[ Ona: � Contract Modification (Conatruetion or Project Specific) � Work Order/Puroheea Ortler Motlificatlon P rojact Manager Nama- Divialon Name' Odginal Contract/Vllork Ortler Approved Amount (axclutling Owner's Allowance) 6CC Approvetl Data S Agenda Item: Ori anal A roved Owner•a Allowance Curran[ Contract /Work Order A roved Amount Dollar Amount of this Chan a Revised Contract /Work Order Total Total Cumulative Chan ea Inciutlin all than a orders Dates [o Proca¢d � # oTDaYa TP � Co1mlPletloln Data � APProivad Data # of Days Atltlatl Revisatl Ftnal Data Current Substantial Completion Data (Includes this change) � Cif aPPlicable) ChecK If applicable: 0 Par Florida Statute 2t 8.T55 Prompt processing of change ortlera: For any contract for construction services anteratl o ar after July 1, 2026, the local govammantal entity must approve or tlany the price quota antl santl written notice of that decision within 35 days after receipt of such quota. Quote Data of Response Due Data Receipt � (35 days from Date of Racaip[) Provide responses after each question in box below (Responses should ba brief antl sosclflc). Attach adtlitional information and/or documenta[lon from [he Design Professional antl/or Contractor, if neetled, with your submission of [his Change Order and complete summery on next page. Chock all that apply to this Change Ortler request � Atld Tima (Include Aflidavi[ Regarding Labor and Services); � Atltl funds; Use of Allowance;0 Motllfy/Delete axlatlnB Teak[s); O Atld new Taak(s); 0 Reallocate funtls; O Other (must be explained in detail below) 1 .) Detail of change/s [o be made [h rough this Change Order. 2.) If this Change Order is currently under a Stop Work, please identify the date issued antl number of days remaining or "N/A" if not applicable. 3.) Explain why this change was not included in the original contractNVork Order. 4.) Describe the impact if this change is no[ processed. Page 1 of 4 GM1anga Order Form � l -S Collier County PfaGufem¢nt 50NICas Contract# CO# PO# Protect #: ProJact Neme: Conirac[or/Cons Wfant Nama: Change Order/Amendment Summary Qf atltlitional spaces naatlatl, attached a separate Summary page to this amendment request) CO# AMO# Oascrlptlon COST TIME Jusaficagon Atltlitiva Oaduc9ve Oays AdGatl Total New Time 0 Check here If etltlitional summery page/a era aHachetl to this Change Ober Page 2 of 4 /`� Change Ortler Form C L; . � /\ -���'Collier County Procurement Services Contract# CO# PO# Project #: Project Nama Contractor/Consultant Name Acceptance of this Changes Order she// constitute a modification to contract /worK order /dandfied above and w//! be su6Ject to a// the same terms and conditions as contained in the contract / worK order lndlcaf¢d above, as fu!/y as if the same were stated In this acceptance. Tha adJustmenf, !f any, to the Contract she!/ constitute a fu// and floe/ saH/¢m¢nt of any and a/! c/aims of the Contactor/Vendor/ Consu/tent/Design Profess/onal ar/s/ng out of or re/afed to the change saf foRh herein, /nc/uding c/alms for impact and defey costs. Contracfor/Consu/tanLOaslgn Profess/one! signature b¢/ow must ba from an authorized parson/officer/d/r¢ctor of the Company or listed as the qualified /ic¢nsetl Professional "Pro/act CoordlnatoY' or Oaslgn/Engineer Prof¢ss/one/ under the agre¢mant. Signature authority of parson signing wl/! be verified through the contract OR through th¢ Florida D¢partmant of State, D/Ns/on of Corporations (Sunblz) webs/ta (hit J/d N/ /d m/ biz/searoh/1. /f fh¢ person s/gn)ng is not !/steel, wa w/// require signatur¢ authority by on¢ of the //st¢d offlcars/dir¢cfors of fha company gluing that parson signature authority. Preparetl by: Data: Signature-Dlvlalon Project Manager Accaptatl by: Data: Signature- Oealgn/En9lnaar Profasalonal (It applicable) Printed Nama/"ritla/Company Nama Accepted by: Dam' signature- contractpdConaultanTNendor Printed Nema/Title/ Company Nama Approved by: Data: signature-DWision Mana9ar or Dealgnaa (Optional) Approvetl by: Date: Slgneture-Dlvislon Director or Dealgnaa (Optional) APProvetl bY: Data: Signature-Dlvislon Atlminlatrator or Deal9nae (Opuonaq Page 3 of 4 ��l: Change Ortler Form \ 1�_r' ( )Collier Count3r - � +' Procurement Services Contract# GO# PO# ProJee<#: P rOjeCt Names: Contractor/consultant Names: FOR PROCUREMENT USE ONLY FY CO Raquast# PUR- Approvatl by: Signature -Procurement Professional Slgnatura/Data Approved by: Slgnatura-Procurement Manager/Director (OPT/ONAL) APPROVAL TYPE- Admin istrativa � Administrative -BCC Report � BCC Stand -Alone ES ATTEST: Crystal K. Kinael, Clark of the Circuit Court and Comptroller �� Dated: (SEAL) BCC APPROVAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Date: Agantla # Approved as to Form and Legality: Deputy County Attorney Chairman Pages 4 of 4 Change Ortler Form (SAO EXHIBIT E-2: WORK DIRECTIVE FORM (T / t F F 1/owino This Pane) 25 Ttl-Party ConstmcYon Services Pg/eamenL (2025_ve�. C^t� EXIiIBIT E-2 WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commission¢rs PROJECT#: CONTRACTOR: ENGINEER: You ar¢ directed to proceed promptly with the following change(s): Description: Purpose o£ Work Directive Change: Attachments: I£ a claim is made that the above change(sj have a£f¢cted Contract amount or Contract Times any claim {or a Change Order based thereon will involve one or more o£the following methods o£determining the eff¢ct o£the changes(s). Method o£determining change in Contract amount Method o£ determining change in Contract Times: Q Unit Prices � Contractor's records Lump Sum � Engineer's record Time and Material 0 Other � Other A not -to -exceed estimated increase (decrease) A not -to exceed estimated increase (decrease) in Contract amount: in Contract amount: $ $ Increase or decrees¢ by calendar days. Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: ey: Ey: Engineer OWNER's Representative '•An it¢mized cost proposals)/quot¢(s) shall be submitted with the Change Order. %—\ (� pr a� EXHIBIT F-'I CERTIFICATE OF SUBSTANTIAL COMPLETION FORM (T / t F Fo//owino This Paoe) 26 Trl-Party ConetrucOon Services PgreemenL [2025_ver. ]- _ �.,,.. �l EXHIBIT F-'I CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional Project No. PROJECT: CONTRACTOR Contract For Contract Data 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 status of completion of the Work which, in the opinion of the Project Manager as evidenced by a definitive Certificate of Substantial Completion, is complete in accordance with the Contract Docu mants, except for minor outstanding items listed on the Punch List. Substantial Completion includes, but is not limited to, the following occurring: (1) the Work can be safely utilized for the purposes for which it was intended; (2) all regulatory agency requirements are satisfied, including occupancy permits, operating certificates and similar releases, (3) all operational testing has successfully occurred; (4) all required training has successfully occurred; (5) all close-out documents (such as as -built drawings, certifications, warranties, guaranties, test reports, test logs, operational manuals, etc.) have been provided by the Contractor and accepted by the Owner, and permit acceptance by permitting agencies, if applicable. 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 Contractor generated punch list of items to be completed or corrected is attached (i.e., a list of all items required to render the Project complete, satisfactory, and acceptable, for submission with the request for inspection and issuance of a certificate of Substantial Completion), which shall include and list separately the estimated cost to complete each remaining unfinished item included on the list with an explanation as to The basis for those costs, substantiated by the Schedule of Values. A final Punch List Exhibit F-3 ("Punch LisY') will be developed, by the Owner and Contractor, with the Owner having the final say on the items inclu dad on the Punch List. The Punch List must include all items required to render the Project complete, satisfactory, and acceptable. 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 Punch List must be completed or corrected by CONTRACTOR within 30 days from the delivery date of the Punch List and Contractor shall provide Owner with written notice that all Punch List items have been completed. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance, and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the WorK in accordance with the Contract Documents. Executed by Design Professional on 20 Signature of Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 and will submit within five calendar days, an approved pay application to b oclerkt� Ilierclerk.com. The pay application will include regular schedule of value scope work to be billed and all work to be billed for all change orders. Signatu ra of Contractor Type Name and Title OWNER accepts this Certificate of Substantial Completion on . 20 Signature of Owner Type Name and Title ((,^r, EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION FORM (T / t F F // Th/ P 1 �C. P] TH-Party CanstmIXlon Services Ag raemenC j2026_ver.3J EXHIBIT F-2 CERTIFICATE OF FINAL OWNER'S Project No. Design Professional Project No. PROJECT: CONTRACTOR Contract For _ Contract Date This Certificate of Final completion applies [o all Work under the Contract documents. The warranty in Exhibit G-2 is attached to and made a part of this Certificate. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION C` Intentionally left blank Executed by Design Professional on 20 Signature of Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on this 20_ Signature of Contractor Type Name and Title OWNER accepts this Certificate of Final Completion on this . 20 Signature of Owner Type Name and Title / �/ �i;^`_ EXHIBIT F-3 PUNCH LIST FORM lTemn/ate Foam Fo!/owinv This Pavel Cc:'r \_ _ � ze Trl-Party ConaVuclton Sarvlcea AgreamenC [2025_vet.3] E%HIBIT F-3 PUNCH LIST FORM by delivery Date of Punch List from Owner to Contractor: (data of final Punch List). Final Completion Date: (30 days from the delivery of Punch List for projects to cost less than ten million dollars) (45 tlays from the delivery of Punch List for projects to cost more than ten million dollars) EXHIBIT G-'I FINAL PAYMENT CHECKLIST (T / t F F L Th' P 1 29 Ttl-Party Construc[lon Services Agreemant [2025_vaf.31 Bid No.: Contractor' EXHIBIT G-'1: FINAL PAYMENT CHECKLIST Project No.: m Date: Tha following items have bean secured by the for the Project known as and have bean reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as sat forth in the Agraemenf: Calendar Oays. Actual Date of Substantial Completion: Final Completion Time as set forth in the F-3 Punch List: Calendar Days. Actual Final Completion Date: YES NO f. All Punch Lisi items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of Ganaral one year warranty from Contractor is: 4. 2 copies of Operation and Maintananca manuals for aquipmant and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and aquipmant operation. 7. Certificate of Occupancy No.: issued on (attach to this form). S. Cart(flcata of Substantial Completion issued on 9. Final Payment Application and Affitlavits received from Contractor on: 'I O. Consent of Surety received on '1 -I. Operating Department personnel notified Project is in operating phase. '12. All Spare Parts or Special Tools provided Yo Owner: '13. Finished Floor Elevation Cartiflcata 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: Executed by Design Professional on Slgnatura of Design Professional Executed by Contractor on Signature of Contractor Exacutad by Owner on Signatu ra of Owner 20 aL� Type Names and Titles 20 Type Names and Title Types Names and Title EXHIBIT G-2 WARRANTY �" 30 Ttl-Party ConsVucUon Sarvlcas Agreement: [2025_vaL3] EXHIBIT H: GENERAL TERMS AND CONDITIONS INTENT OF CONTRACT DOCUMENTS. 1.f It is the intent of the Contract Docu merits to describe a functionally complete Project (or portlon thereof) to be constructed in accordance with the Contract Docu merits. Any work, materials or equipment that may reasonably 6e Inferred from the Contract Documents as being required to produce the intended result shall ba supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or aq uipment, such words shall be inkerpreted in accordance with that meaning. Referents to standard specifications, manuals or codes of any technical society, organization, or association or to the Taws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, coda, law or regulation in effect at the time the Work is pertormad, except as may be otherwise specifically stated herein. '1.2 If before or during the partormance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall r¢port same to the Project Manager in writing and before proce¢ding with the Work affected (hereby shall obtain a written interpretation or clarification from the Project Manager; said Interpretation or clarification from the P rojact Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Man agar. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor wikh the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extant of Work and era not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be intarpr¢t¢d as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the avant of a discrepancy between or among th¢ drawings, specifications or other Contract Document provisions, Contractor shall ba 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, scr¢ws, fittings, fillers, hardware, accessories, trim and other parts r¢qufred in connection with any portlon of the Work to make a complete, serviceable, finished and first quality installation shall ba furnished and Installed as part of the Work, whether or not called for by the Contract Docum¢nts. 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 surtace conditions; nature and quantity of the surtace materials to be encountar¢d; subsurtace conditions; equipment and facil itias needed preliminary to and during partormance of the Work; and all other costs associated with such partormance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its respons(bilities to pertorm under the Contract Documents, nor shall it ba considered the basis for any claim for adtlitional time or compensation. f 3 t/ C/10 Ttl-Party Conslrucrlon 3arvlcea .�greamenC [2025_ver.3)�_� 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 Uti litias during the construction of the Pro)ect. Contractor shall schedule and coordinate its Work around any such relocation or temporary service intarru ption. Contractor shall be responsible for properly shoring, supporting, and protecting all Utilities at all times during the course of the Work. Tha Contractor is responsible for coord inating all other utility work so as to not intertere 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) subsu rtace or othervvise 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 mould not have bean discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, than Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than th raa (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 raq uirad for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for pertormance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those Indicated in the Contract Documents or not of an unusual nature or should have bean discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing. stating its reasons. Claims by Contractor In opposition to such determination by Owner must ba made within seven (7) calendar days after Contractor's recai pt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of partormance, the dispute resolution procedure sat forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.'I Tha Contractor, within tan (t O) calendar days after the Board's award of the Agreement, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schad ule 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 pertormad in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 32 Tr4Party ConstruIXlon Services Hgr¢cmanL [2025_ver.3] � C C I\O limited to the hours of 7 a.m. to 7 p. m., Monday through Saturday. No work shall be pertormed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 At (east ten [10) days prior to submitting the monthly Application for Payment, the Contractor shall submit to the Project Manager a final Schedule of Values. Tha Schedule of Values shall be satisfactory to form and substance to the Project Manager and shall subdivide the Work into component parts in sufficient detail to serve as the basis for measuring quantities in plat¢ and calculating amounts for the Contractor's monthly progress payments during construction. Further, it shall include 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 identiflad Subcontractors are subject to Owner's prior written approval. Unsu pportad or unreasonable allocation of the Contract Price to any one activity shall be justificaticn for rejection of the Schedule of Values. Tha Contractor shall not submit an unbalanced Schedule of Values which provides for overpayment to the Contractor on activities that would be performed flret. The Schedule of Values shall be revised and resubmitted until acceptable to the Project Manager. Once the schedule has been accepted by the Project Manager, the Owner reserves the right (at its option) throughout the Contract to require that the Contractor honor a particular price contained in the Schedule of Values, if the activity pertaining to it is being deleted or modified. Upon approval of the Schedule of Values by the Protect Manager, it shall be incorporated into the form of Application for Payment attached to the Agre¢ment as Exhibit O and shall b¢ used as th¢ basis for the Contractor s monthly Applications for Payment. The schedule shall be updated and submitted each month along with a completed cagy of the Application for Payment form signed by the Contractors authorized representative. 4.2 Tha first Application for Payment shall b¢ submitted no earlier than thirty (30) days after the Commencement Data, and monthly thereafter, but not more often than once a month or prior to substantial completion being met. Notwithstanding anything herein to the contrary, if approved by Owner to its sole discretion, Contractor may submit its invoice for any required Payment and Pertormance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing th¢ 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 agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security Interests and encumbrances, together with evidence that the materials and equipment era covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall ba subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record form attached hereto and made a part hereof as Exhibit �-3. 33 �. p.rJ Tri-Party Construdlon Servlcea Ag�eemenl: [2025_var.3] ��_ 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). Within twenty (20) business days after the date of each Application for Payment is stem pad as received, and within the timeframes sat forth in Section 2'18.735 F.S., the Project Manager, or Design Professional, shall either: ('I) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefor' or (3) return the Application for Payment to the Contractor indicating, in writing. the reason for refusing to approve payment. Payments of proper invokes shall be processed in accordance with Section 2'18.735, F.S. and the terms of the Contract Documents. 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. Tha Owner shall, within tan (10) business days after the Application for Payment Is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold ratainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, F.S. Tha foregoing does not prohibit Owner from withholding ratainage at a rate less than five percent (5 %) of each monthly progress payment as otFtenvise allowable under Section 255.076, F.S.. Any reduction in retainage below the maximum amount set forth in Section 255.076, F.S. 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 Section 255.078, F.S. or otherwise required pursuant to Section 2'16.735(7), F.S. Any interest earned on retaina9e shall accrue to the benefit of the Owner. Pursuant to Section 2'18.735(8)(f), if the total cost of the construction services is $200,000 or less, then the 5'/o retainage requirement does not apply. 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 Releases and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that era then duo 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 ba raq wired 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. 4.'10 Notwittrstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work pertormed 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 amou nks that Owner does not dispute are due and payable. TrFPany Conetrucllon 5¢rvlces A Y [2025_var 3] �` ��f � graamen 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 prior to Fnal completion. Any untimely submission of invoices beyond the specified deadlin¢ period is subject to non-payment under the legal doctrine of "lathes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this ag raement. 4.12 Tha Owner may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The Owner may not accept any additional surcharges (credit card transaction f¢es) as a result of using the Owner's credit card for transactions relating to this agreement. 6. 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 r¢veai 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) r¢asonable 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 th¢ Contract Documents by Contractor. 5.2 If any contlitions described in 5_i. ar¢ 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 th¢ situation at Contractor's expense. Owner also may offset against any sums due Contractor th¢ amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising cut of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances wh¢re the Contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services p¢rformed 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 terms of the Contract Documents after the Work is finally inspected and accepted by Project Manager as sat forth with Section 20.1 har¢in, provided that Contractor first, and as an explicit 35 r'(l Ttl-Party Conalructlon Servlc¢a Agreamanh [2025_var.3] condition precedent to the accrual of Contractor's right to Final Payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit form attached as Exhibit C, as wall as, a duly executed copy of the Surety's consent to Final Payment and such other documentation that may ba required by the Contract Documents and the Owner. Prior to release of Final Payment, the Contractor's Representative and the Project Manager shall jointly complet¢ the Final Acceptance and Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptant¢ of Final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or oth¢rwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptant¢ 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 r¢covery of damages for d¢fective Work not discovered by the Design Professional or Project Manager at the time of final inspection. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requiramanfs for approval of materials to ba submitted such as shop drawings, data, fast results, schedules and samples. Contractor shall submit all such materials at its own expanse and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever matedals 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 Hama is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may b¢ 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 ail such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice to Proceed is received by Contractor, unless otherwise mutually ag read in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately pertorm the functions and achieve the results called for by the general design, 6e 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 achlevam¢nt 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 substkuta from that specified will be identified in the application and available maintenance, repair and replacement service shall be Indicat¢d. The application also shall contain an itemiz¢d 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 th¢ resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager Tr1-Party CanstrucUon Services P.greement [2026_ver3�C/ir-•' may require Contractor to furnish at Contractor's ¢xpense additional data about the proposed substitute. 7.4 If a specific mans, 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 h¢rein for substitut¢ materials and equipment. 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 th¢ Project Manager's prior written acceptance which shall be evid¢nced 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 spacial pertormance guarant¢e or other surety with rasp¢ct to any substitute. Th¢ Praject 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 substitut¢. 7.6 Par Section 218.755, F.S. effective July 1, 2025, Owner shall approve or d¢ny a price quote fora Change Order within thirty (35) days after receipt of such price quot¢ from the Contractor (r¢ceipt comm¢ncing the data upon which the Cou nty's Project Manager and Department Head receives the price quot¢, whichever is earlier). A denial notice shall specify deftciancies and actions necessary to remedy deficiencies. 8. OAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 6.1 Unless waived in writing by Owner, Contractor shall complete and submit tc Project Manager on a weekly basis a daily log of the Contractor's work for th¢ 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 affeck 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 Protect site, by subcontract and trade; 8.1.5 All equipment present at the Project sit¢, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 D¢scription of Work being performed at the Project site; 3y CiAO Tri-Party ConsVucUon 3arvices Ag2cmenL [2025yar.3] 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 .1 O Any problems that might impact either the cost or quality of the Work or the time of pertormance. 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 interprataticns and clarifications issuatl by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Fieltl 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 tc not less than two (2) permanent features (e. g. interior or eMerior wall faces). The annotated drawings shall be clean, antl 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 tlocumentation, 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: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT. DIVISION OF COMMUNICATIONS, GOVERNMENT AND PUBLIC AFFAIRS 3299 TAMIAMI TRAIL EAST, SUITE 102 NAPLES, FL 34112-5746 TELEPHONE: (239) 252-8999 EMAIL: PUBLICRECORDREQU ESTCo7COLLIERCOUNTYFL.GOV C�'� 38 Ttl-Party Cona[rvcllon Sarvlcea Ag,eem¢nt [2025_ver.3] The Contractor must specifically comply with the Florida Public Records Law to: 'I. Keep and maintain public records required by the public agency to pertorm 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 cast, 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 meat all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.'I Contractor shall diligently pursue the completion of the Work and coordinate the Work being don® on the Project by its subcontractors and matariaimen, as well as coordinating Its Work with all work of others at the Project Sita, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction moans, methods, techniques, sequences, and procedures, as wail 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 unforeseeabl¢ 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, fl res, 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 Nc interruption, intertarence, 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 grenking of any such time extension shall not ba a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as wall as to claims based on late completion. 39 \�� Trl-Party Construdlon Services Agreement [2025_vBr.3] �./ 9.4 In no event shall any approval by Owner authorizing Contractor to continua partorming 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 (t foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner in the form of a Work �irectiva, Exhibit E-2, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not ba responsible for the costs of any changes com mencad without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will ba deemed: (i) a waiver of any claim by Contractor for such items and (il) an admission by Contractor that such items era in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form 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 pertorm 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 Changes Order for the requested change, Contractor shall, nevertheless, promptly pertorm the ch anga as directed by Owner in a written Work �iractiva. In That avant, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these Ganaral Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 70.4 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 coats 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 pertormad 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 Fftean percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in iha 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 ofi 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 Proj¢cf 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 ao (/ `\ Trl-Party Canstmdlan Serv�cHs AgrecmenL [2025_ver.31 \ � �� I the intent of th¢ Contract Documents. Such changes may be affect¢d by Field Ortl¢r 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, as amended antl the terms of the Contract Documents in effect at the time such modifications are authorized. 10.8 For any contract for construction services entered on or after July 1 , 2025, the County must approve or deny a price quote for a change order requested or issued by the County within 35 days after receipt of such price quota from the Contractor (receipt commencing the tlate upon which the Cou nty's Project Manager antl De partmant Head receives the price quote, whichever is earlier) consistent with the prompt processing of change orders set forth in Section 218.755, F.S. 11. CLAIMS AND DISPUTES. 11 .1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the farms of the Contract Documents, payment of money, extension of time or other relief with respect to the farms of the Contract Documents. The term "Claim" also in cludas other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. Tha responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight [48j hours from when the Contractor knew or should have known of the event gluing rise to such Claim or else the Contractor shall ba deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar tlays after the occurrence of 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 t 0.4. 17.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any p¢nding Claim, action, suit, or administrative proceeding, unless othanvise 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 pertorm other work related to the Project at the site by Owner's own forces, have other work partormatl by utility owners or let other direct contracts. If the fact that such other work is to ba performed is not noted in the Contract Documents, written notic¢ 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 sand written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will ba deemed to have waived any rights it otherwise may hav¢ 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 whc Is a party to such a direct contract (or if Owner is performing the additional work with Owner's employees) proper and safe acc¢ss to the site and a reasonable opportunity for the introduction and storage of mat¢rials and a� Ttl-Party Conslmctlon Services Agreement [2025_var.31 C/\O equipment and the ¢xecution of such work and shall properly connect and coordinate its Work with th¢irs. 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 oth¢rs whose work will be affected. The duti¢s and responsibilities of Contractor under this paragraph era for the benefit of such utility owners and other Contractors to th¢ extent that there era comparabl¢ 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 Protect 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 tNSU RANCE. 13.f To the maximum extent permitted by Florida law, Contractor shall indemnify, defend, and hold harmless Owner, its el¢cted officials, officers, and employees, from any and all liabilities, damages, losses and costs, including but not limited to reasonable attornay's fees, to the axt¢nt caused by the negligence, recklessness, or intentionally wrongful conduct of Contractor, Its employees, ag¢nts, officers, subcontractors and other parsons employed or utilized by Contractor in the perrormance of this Agreement. It is further the specific intent and agreement o{ the Parties that all the Contract Documents of any project for which Contractor provided services be hereby amended to include the foregoing indem nifcation. Contractor axpr¢ssly ag roes that it will not claim, and waives any claim, that this article violates Section 725.06, F.S., or is unenforceable pursuant to Section 725.06, F.S. This indemnification obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as Yo any party or person described in this Section 73.t. This indemnifcatfon provision shall includ¢ claims made by an employee of Contractor or any subcontractor against Owner and Contractor waives any entitlement to Immunity under Section 440.t i, F.S. Nothing contained har¢in shall be construed as a waiver of any immunity or limitation of liability Owner may be entitled to under the doctrine of sovereign immunity or Section 768.28, F.S. This indemnification provision shall survive the termination of this Agreement however terminated. Contractor's obligation to Indemnify, defend, and hold harmless shall not be limited by the amount of any Insurance required to be obtained or maintained under the Contract Documents. Notwithstanding the Foregoing, Contractor's obligations to indemnify, defend and hold harmless shall be limited to one million dollars ($'I ,000,000) or the Contract Prices, whichever is greater, in accordance with Sectign 725.06, F.S. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, end the duty to defend exists regardless of any ultimata liability of the Contractor, Owner, and any indemnified party. Tha duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article t3 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 limos during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding «�.,_� Trl-Party CansauMlan Services Agreement 12025_ver.3] Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, raq uirements and obligations set forth under Exhibit B-3. '14. COMPLIANCE WITH LAWS. '14.'I Contractor agrees fo 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, F.S.). If Contractor observes that the Contract Documents era 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 farms in this Agreement in order for this Agreement to ba enforceable, such [arms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the avant of a change In any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of partormance of the Work, Contractor is entitled to a Change Orderfor such increases, except to the extent Contractor knew or should have known of such changes prior to the data 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, at seo, and regulations relating thereto, as either may ba amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a broach of this agreement and the County shall have the discretion to unilaterally terminate this agreement im madiataly. 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 Stators, including the requirements sat forth in Florida Statute, §448.095. Contractor shall comply with all applicable provisions of Sections 448.09 and 448.095, F.S., as may ba amended. The definitions in Section 448.095(1 ), F.S., as may ba amended, apply to this section of the Agreement. Contractor shall register with and use the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all employees of Contractor. Contractor may not enter into a contract with a subcontractor to partorm work under this Agreement unless and until the subcontractor registers with and uses the E-Verify system. If Contractor enters into a contract with a subcontractor to partorm work under this Agreement, Contractor must obtain a properly executed affidavit from the subcontractor stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor must maintain copies of all such affidavits for the duration of this Agreement. Owner may terminate this Agreement for cause if Owner determines that Contractor or Contractor's subcontractor has not complied with any applicable provision of Sections 448.09 or 448.095, F.S., as may be amended. Owner will terminate this Agreement for cause if Owner has a good faith belief that Contractor has knowingly violated subsection 448.09(1 ), F.S., as may ba amended. If the OWNER has a good faith belief that a subcontractor knowingly violated Section 440.09('I ), F.S., as may ba amended, but OWNER determines that Contractor otherwise complied with Section 448.09('I ), F.S., as may ba amended, OWNER will notify Contractor as such, and Contractor must immediately terminate Contractor's contract with said subcontractor. If this Agreement is terminated under Section 448.095(c), F.S.: <a) such termination is not a breach of this Agreement antl may not be considered as such; (b) Contractor may not ba awarded a public contract for at least 1 year after the data on which the Agreement is terminated; and (c) Contractor is liable for any additional costs incurred by the Owner as a result of the termination of the Agreement. 93 `� � Trl-Party Constmdlan Scrvlcea AgreamenF. [2026_vcr.3] Contractor acknowledges, and without exception or stipulation, any Contractors) receiving an award shall be fully responsible for complying with the provisions of the Immigration R¢form and Control Act of 1986 as located at 8 U.S.C. 1324, � se .and regulations r¢lating thereto, as either may ba amended and with the provisions contained within this affidavit. Failure by the award¢d Contractors) to comply with the laws referenced tierain or the provisions of this affidavit shall constitute a breach of th¢ award agreement and the County shall have the discretion tc unilaterally terminat¢ said agreement imm¢diat¢ly. 74.4 Applicable if Contract is $1 ,000,000 or more. By executing this Agreem¢nt and each and every renewal Hereof (if renewal is separately provided for herein), pursuant to Section 287.735, F.S., Contractor certifies, repres¢nts, and warrants that: (a) it is not on the Scrutinized Companies with Activities in Sudan List, (b) it is not on the Scrutinized Companies with Activiti¢s in the Iran Petroleum Energy Sector List, (cj it is not on the Scrutinized Companies with Activities in Iran Terrorism Sectors List, (d) that it does not have Business operations or is engaged in business in Cuba or Syria, and (e) that it is not engaged or engaging in a Boycott of Israel, and that all such certifications were true at the time it submitted its bid or proposal for this Agreement, as of the Effective Data of this Agreement, and as of the affective date of any renewal of this Agreement. Notwithstanding anything contained in this Agreement to the contrary, the Owner may terminate this Agreement immediately for cause if: (1) Contractor is found to have submitted a false c¢rtifiication regarding (a) — (a) above In accordant¢ with Section 287.135(5), F.S., (2) Contractor is found to have been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or is or has been engaged in Business operations to Cuba or Syria or a Boycott of Israel, or (3) Contractor is found to have bean placed on a list createtl pursuant to Section 215.473, F.S., relating to scrutinized active business operations in Iran. Such termination shall ba in addition to any and all ram¢dias available to the Owner at law or in equity. Tha terms "Boycott of Israel" and "Business operations" used in this section are defined as in Section 287.135, F.S.. The Lists raf¢rred to in this section era thos¢ Lists in and maintained pursuant to Section 287.735, F.S. Applicable if Contract is under $1,000,000. By executing this Agreement and each and every r¢nawal hereof (if renewal is separately provided for herein), pursuant to Section 287.135, F.S., Contractor cartifi¢s, represents, and warrants that: (a) it is not on the Scrutinized Companies that Boycott Isra¢I List, and (b) it is not engag¢d in a Boycott of Israel, and that all such certifications were true at the time it submitted its bid or proposal for this Agreem¢nt, as of the Effective Date of this Agreement, and as of the effective date of any renewal of this Agreement. Notwithstanding anything contained in this Agreement to th¢ contrary, the Owner may terminate this Agreement immediately if: (7) Contractor is found to have submitted a fats¢ certification regarding (a) or (b) above In accordance with Section 287.735, F.S., or (2) Contractor has been placed on th¢ Scrutinized Companies that Boycott Israel List or is or has been engaged in a Boycott of Isra¢I. Such termination shall be in addition to any and all r¢medies available to the Owner at law or in equity. Tha term "Boycott of Israel" used in this section is defined as in, and the Scrutinized Companies that Boycott Isra¢I List is the list maintained pursuant to, Section 267.135, F.S. 14.5 Applicable if Contract is over $1 00,000. Pursuant to Section 286.707, F.S., Contractor shall disclose any curr¢nt or prior Interest of, any contract with, or any grant or gift received from a Foreign Country of Concern, as d¢fin¢d below, if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at 49 Trl-Party Construdlon services AgreamanC [2025_var.3] C!J> any time or such contract or grant or gift was received or in fort¢ at any time during the previous five (5) years. For purposes of this section, "Foreign Country of Concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, th¢ Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity under significant control of such foreign country of concern. Contractor's disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the data of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. Contractor r¢presents that within one (1) year before proposing any contract to the Owner, Contractor provided a copy of such disclosure to the Florida Department of Financial Services. 14.6 By executing this Agreement and each and every renewal hereof (if renewal is separat¢ly provided for herein), pursuant to Section 786.06, F.S., Contractor certifies, represents, and warrants that It does not us¢ coercion far labor services, as those terms are defined in Section 766.06. Contractor will provide to the Owner an affidavit in the form attached as Exhibit J signed by an officer or representative of Contractor under penalty of p¢rjury attesting that Contractor does not use coercion for labor or services. Notwithstanding anything contained in this Agreement to the contrary, the Owner may terminate this Agreement immediately if Contractor is found to have submitted a false attestation. Such termination shall be in addition to any and all remedies available to the Owner at law or in equity. 14.7 Pursuant to Section 166.246, F.S., Contractor agrees that Contractor does not and will not, nor will it allow a subcontractor to, use any funds from the Owner for the purpose of issuing an identification card or document to any individual who does not provide proof of lawful presence in the United States. 16. CLEANUP ANO PROTECTIONS. 15.1 Contractor agrees to keep the Project sit¢ clan at all times of debris, rubbish and waste materials arising out of the Work. At the completion of th¢ 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 iha Protect site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurtaca 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 fime 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 Agreem¢nt 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. as TrFParty Construction Servlcec ABraemenL [2025_var.3] `/ - r � 1 \.. _ 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. 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 ba considered cause for Owner to terminate the Agreement, to whole or in part, as further sat forth in this Section, if Contractor: (i) fails to begin the Work under the Contract Documents within the Lima specified har¢i n; 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) pertorms 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 lima after being notified to do so; or (8) 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 (1 O) days; or (8) makes an assignment for the beneFt of creditors; or (g) 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 dafault(s). If Owner determines that Contractor has not remedied and cured the dafault(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be 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 hereu nd¢r 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 ba entitled to receive any fu rthar payments hereunder until after the Project is completed. All moneys expended and all of the costs, looses, damages and extra expanses, 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 ae Ttl-Party Consbuction Services Agre¢manL [2g25_var.3l �.,,,, � excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall ba paid to the Contractor. Tha amount to be pall to the Contractor or Owner, as the case may ba, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 78.4 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 goad faith under the belief that such payments or assumptions were necessary or raq wired, in completing the Work and providing labor, materials, eq uipmant, supplies, and other items therefore 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. If this Agreement is terminated by the Owner for cause, in addition to all other remedies, Contractor shall be liable for all expenses incurred by the Owner in reprocuring elsewhere the same or similar items or services offered by Contractor. 78.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, than the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 79 below. 78.6 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 soma material obligation awed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (74) 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 (74) 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 (720) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons partorming portions of the Work under contract with Tha 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 (74) days after receipt of Contractor's written notice, Contractor may, upon fourteen (74) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work pertormed through the termination data, but in no event shall Contractor ba entitled to payment for Work not performed or any other damages from Owner. 79. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 79.7 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the data 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. 79.2 Owner shall have the right to suspend all or any portions of the Work upon gluing Contractor not less than two (2j calendar days' prior written notice of such suspension. If all or any portion of a71 Trl-Party Constructlon 3ervlc¢s Agreement [2g25_var.31 !� ��, • , the Work is so suspended, Contractor's sole and exclusive remedy snail be to seek an extension of time tc its schedule in accordant¢ with the proced uras 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. � 9.3 It is further understood and agreed by and between the parties har¢in that this Agreement is subject tc appropriation by the Board of County Commissioners. In the event th¢ Owner, in its sole discretion, determines that suffici¢nt budgeted funds are not available to appropriate for payments due to Contractor under this Agreement, the Owner shall notify Contractor of such occurrence and this Agreement shall terminate on the last day of tna current fiscal period without any penalty or ¢xpensa to the Owner. 20. COMPLETION. S b t t' I C I t' d Devalo ent of th¢ Punch List 20.'1 Substantial Completion is as defined in the Defined Terms section of this Agreement. When the Contractor believes Substantial Compietlon has been achieved, it shall certify in writing to the Project Manager that the ProJact is Substantially Complete in accordance with the Contract Documents and request the Project Manager to inspect the Work and to issue a Certificate of Substantial Compietlon. Prior to making such a request the Contractor must: a) Com plate all Work n¢cessary for the safe, proper and complete use or operation of the Project as intended, including: all regulatory agency requirements are satisfied, including occupancy permits; operating certificates and similar releases; all operational testing has successfully occurred; all required training has successfully occurred; all clos¢-out documents (such as as -built drawings, certifications, warranties, guaranties, fast reports test Icgs, operational manuals, etc.) have been provided by Contractor and accepted by Owner. b) Prepare aContractor-generated punch list (f.e., a list of all items required to render the Project complete, satisfactory, and acceptable, for submission with the request for inspection and issuance of a certlFcate of Substantial Completion), which shall include and list separately the estimated cost to complete each remaining unTnisned item included on the list with an explanation as to the basis for those costs, substantiated by the Schedule of Values, subject to the Owner's final review and approval as stated below. c) Upon receipt of tna request from the Contractor, the Project Manager, assisted by the Professional, if any, and other Owner personnel, as appropriate, shall revi¢w the request, the Work and the Contractor -generated punch list to determine whether the Work is ready for Substantial Completion inspection. If this review fails to support Substantial Completion inspecticn, the Project Manager shall so notify the Contractor citing the reasons For rejection. If the Project Manager and Professional (if any) determine the Work is ready for Substantial Completion inspection, the following procedures will b¢ followed: ae /-- T�I-Party Cans4ucOon Serv�cas Agreement [2026_var.3]('� .,-,\I i. Tha Project Manager will, within a reasonable time, schedule, and conduct inspections) of the Work with the Professional (if any), other Owner personnel as required, and the Contractor for the purpose of formally reviewing the status of completion of the Work, the readiness of the Project for use and the Contractor -generated punch list. A copy of the Contractor- genarated punch list will be provided to all participants and any additional items noted during the inspection will be added to the list. Tha Project Manager, the Professional, their representatives and other Owner representatives will review the Work and the Contractor -generated punch list to assure all deficiencies are noted on a final Punch List document (Exhibit F-3 Punch List Form) ("Punch List"). The Punch List must Include all items required to render the Project complete, satisfactory and acceptable. If Project Manager and Contractor disagree on whether an item belongs on the Punch List, the Project Manager has the final say on whether the item is included or not. The Punch List shall be Tinalized and issued to the Contractor by the Owner within the time frames indicated below. 2. If upon completion of the inspaction(s) the Owner does not consider the Project Substantially Complete, the Project Manager will notify the Contractor in writing giving reasons why the Protect is not Substantially Complete. 3. If, upon completion of the inspaction(s), the Owner considers the Project Substantially Complete, the Project Manager shall prepare a Certificate of Substantial Completion to establish the date for Substantial Completion as the date of the completed inspaction(s). The Certificate of Substantial Completion shall be approved by the Owner upon the signature of both the Project Manager and the Professional and shall be issued to the Contractor. The Certificate shall fix the date of Substantial Com elation. 4. Substantial Completion cannot occur until all conditions necessary for safe and proper use, occupancy, maintenance, and operations are in place. 20.2 T� F f I suance of the Punch List (a) The Owner shall issue the Punch List to the Contractor within the time frames described below, provided that the Contractor has completed its obligations in providing a proper contractor -generated Punch List prior to the Substantial Completion inspection. (b) For construction estimated to cost lass than tan million dollars ($10,000,000.00), the Punch List must be developed within thirty (30) Days after the Substantial Completion date and delivered to the Contractor five (5) days thereafter. (c) For construction projects estimated to cost more than ten million dollars ($10,000,000.00), the Punch List must be developed within forty-five (45) Days after the Substantial Completion date and delivered to the Contractor five (5) days thereafter. - as ' Tfl-Party Constmctlon Services Agre¢menl: [2025_var.3] j ._ , (d) For construction protects involving more than one building or structure or multiple phases, the Punch List must be prepared for each building, structure or phase within thirty (30) Days of the Substantial Completion date of a particular building. structure or phase if it is estimated to cost lass than ten million dollars ($"10,000,000.00) or within forty-five (45) Oays if it is estimated to cost more than ten million dollars ($f O,000,000.00). (e) If the development of the Punch List takes the full amount of time designated (or a portion thereof) and includes a tentative punch -list based upon the above dollar amount thresholds, the delivery of the Punch List of items shall be delivered by the Owner no later than five (5) business days thereafter. Within twenty (20) business days after the delivery of the Punch List to the Contractor, the Owner must pay the Contractor the remaining contract balance owed, that includes all retainage Previously withheld by Owner less an amount equal to � 50 percent (f 50 %) of the estimated cost to complete the items on the Punch List. At the same time the Owner delivers the Punch List, Contractor shall submit a payment application requesting that Owner pay the Contractor the remaining contract balance owed including all retainage previously held by Owner less an amount equal to f 50 percent (t50°O/a) of the estimated cost to complete the items on the Punch List. Warranty items may not affect the final payment retainage as provided herein. Owner is not required to pay or process any payment request for retainage if the Contractor has failed to cooperate with Owner in the development of the list or failed to pertorm its contractual responsibilities with regard to the development of a list or if Section 255.D78(3), F.S., applies. (f) The failure to include any corrective work or pending items not yet completed on the Punch List does not altar the responsibility of Contractor to complete all the construction services purchased pursuant to the Contract Oocu ments. (g) Owner shall have the right to exclude Contractor from the Work and ProJact site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the Punch List. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.3 G I Y fP h L' tW k d R I fR C t t6 I ce (a) Upon completion of the Punch List Work, the Contractor shall certify in writing to the Project Manager that all Punch List Work has been completed in accordance with the Contract Oocu mants and request the Project Manager to inspect the Work and to approve Punch List completion. If, in the Project Manager's opinion, the Work is not ready for such inspection, [ha Project Manager will so inform the Contractor, giving reasons for such opinion. If the Project Manager is satisfied that an inspection is warranted, the Protect Manager will, within a reasonable time, schedule and conduct inspaction(s) of the facility with representatives of the Owner's user department, the Professional (if any), and the Contractor, for the purpose of formally reviewing the completion of Punch List Work. If the Project Manager and the Contractor disagree on whether an item remains incomplete, the Project Manager has the final say on whether the item is complete or not. 60 . Tri-Party Conafructlon Services Pgre¢manC 12026_va/.3J �.`r� (b) if, upon completion of the inspaction(s) the Owner does not consider the Punch List Work complete, the Project Manager will notify the Contractor in writing giving specific reasons why the Punch List Work is not complete. (c) Upon completion of all items on the Punch List, the Contractor may submit a Payment Request for the remaining amount withheld by the Owner. If a good - faith dispute exists as to whether one or more items identified on the list have bean completed pursuant to the Contract Documents, the Owner may continue to withhold an amount not to exceed one hundred and fifty percent (t50%) of the total costs to complete such items. This remaining balance of ratainage may be requested by the Contractor in its Application for Final Payment after Final Acceptance of the Work by Owner (Exhibit F-2 Certificate of Final Completion). (d) All items that require correction under the Contract Documents and that are identified after the preparation and delivery of the Punch List shall remain the obligation of the Contractor. (e) Warranty Items may not affect the Final Payment of retainage pursuant to Section 2f 8.735(7)(f), F.S. (f) If the Owner fails to comply with its responsibilities to assist in developing the Punch List within the time frame applicable to the Project (as described above), the Contractor may submit a request for all remain in9 retainage withheld by the Owner. Tha Owner need not pay or process any payment request for retainage if Contractor has, in whole or part, failed to cooperate with the Owner in development of the Punch List or failed to pertorm its contractual responsibilities with regard to development of the Punch List. Additionally, the Owner does not have to pay or release any amounts that are the subject of a good -faith dispute, the subject of a claim brought pursuant to Section 255.05, F.S., or otherwise the subject of a claim or demand by the Owner or Contractor. 20.4 Final Comoletion (a) Upon written notice from the Contractor that the Project is complete, the Project Manager shall schedule a Final inspection with the Contractor, the Design Professional, and any other personnel requested by the Project Manager. The Project Manager shall notify the Contractor in writing of any Work this inspection reveals to be defective, or otherwise not in accordance with the Contract Oocumants. The Contractor shall immediately take such action as may ba necessary to remedy such defects and bring the Project into full compliance with the Contract Documents and then request another inspection. (b) Final Completion of the Work shall be achieved by the Contractor when all the Work required under the Contract Documents has been satisfactorily completed, including all Punch List work, and specifically as noted in the Specifications section. (c) After the Project Manager has determined that all Work has been completed, the Project Manager will issue a Certificate of Final Completion Exhibit F-2 for the Work. st -'� Trl-Party Canatrudlon Services AgreamenC [2025_ver.3] �t`,� , � ; 20.5 A I' ti f Final Payment After the Certificate of Final Completion, Exhibit F-2 for the Work has been issued by the Project Manager, the Contractor may make Application for Final Payment following the procedure for progress payments. As an explicit condition precedent to the accrual of Contractor's right to Final Payment, Contractor shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit form attached as Exhibit C, as well as a duly executed copy of the Surety's consent to Final Payment and such other documentation that may be required by the Contract Documents, including but not limited to: (t) 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 Ilst, Exhibit G-t. (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 �ocumants, to the extent and in such form as may ba designated by Owner. Prior to release of Final Payment, 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-i. 20.6 A I f F' i Pavmant (a) If, on the basis of the Project Manager's observations and review of Work during Construction, final inspection, and review of the Application for Final Payment (all as required by the Contract Documents), the Project Manager is satisflad that the Work has been completed and the Contractor has fulfilled all of its obligations under the Contract Documents, the Project Manager will, within ten ('10) days after receipt of the Application for Final Payment, Indicate in writing that the entire ramai Wing balance is found to ba due and payable to the Contractor and approve payment. Otherwise, the Project Manager will return the Application to the Contractor, indicating in writing the reason For refusing to approve for Final Payment, in which case the Contractor will make the necessary corrections and resubmit the Application. Owner reserves the right to Inspect the Work and make an independent datarmination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. (b) Contractor's acceptant¢ of Final Payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Nekhar the acceptance of the Work nor payment by Owner shall be deemed to ba a waiver of Owner's right to enforce any obligations of Contractor herau nder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. sz Ttl-Part' Conslrucllon Services AgreameM: [2025_ver.3] t� � `- (c) Tha Contractor's obligation to pertorm the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or Final Payment, the issuance of a Certificate of Substantial Completion, any payment by the Owner to the Contractor under the Contract Documents, any use or occupancy of th¢ Project or any part thereof by the Owner, the issuance of a Final Completion, any act of acceptance by the Owner, any failure tc do so, nor any correction of daf¢ctive Work by the Owner shall constitute an acceptance of Work not in accordant¢ with the Contract Documents. 27. WARRANTY. 2'I .'I Contractor shall obtain and assign to Owner all ¢xpress warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or flxturas to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall ba new unless otherwise sp¢cified, 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 ('I) year after Substantial Completion, any Work is found to ba defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also ba responsible for and pay for replacement or repair of adjacent materials or Work which may b¢ damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. Those warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 2'1.2 No later than 30 days prior to expiration of the warranty, the 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. Tha Contractor's Representative shall ba present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22 TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being Partormed 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 r¢q uures any portion of the Work to be specifically inspected, tasted or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certiflcatas of inspection, testing or 63 _ _ _ TrFPary Cons\rucllon eervl<ea Agreement. [2025_ver.3] <�� approval. All inspections, tests or approvals shall b¢ pertormed in a manner and by organizations accepts bl¢ to the Project Manager. 22.3 Contractor is rasponsi ble, without reimbursement from Owner, for re -inspection fees and costs; to the extant such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tasted or approved is covered without written concurrence from the Protect Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expanse unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work Is covered contrary to written directions from Protect Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation, and b¢ 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 pertorm¢d on Saturday, Sunday, or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.'I Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. IF required by Project Manager, Contractor shall, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected 6y Project Manager, remove it From the sit¢ 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 tasted, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or fasts as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and 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 tasting and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals), and Owner shall ba entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall b¢ 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 Tnish or pertorm the Work in such a way that the completed Work will conform tc the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been slim inated. The right of Project 64 Trl-Party ConelrucHon Services Agreement: [2025_var.3] \\\ C/'a I J Manager to stop the Work shall ba exercised, if at all, solely for Owner's benefit and nothing herein shall ba construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is In the Owner's best interest Yo accept dafacttve 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 Protect Manager or Owner, or if Contractor falls to pertorm the Work in accordance with the Contrack Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the avant of an emergency. To the extant necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project 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 Por 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 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 profassicnals, 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 ¢Mansion of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.'I Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may ba necessary to pertorm the Work in accordance with the Contract Documents. Contractor shall be responsible to sea 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. Tha 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 superi ntendant, with or without cause. Attached to the Agreement as Exhibit A-3 is a list identifying Contractor s Project Superintendent and all of Contractor's key personnel who era ss /--�\ Ttl-Party Construction Servlcea P.greamenY [2025_ver.3] ` :. � �__J assigned to the Protect; 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 protect supervision, not as a penalty, but as liquidated damages, separate from the liq uidatad damages described in Section 5.6, for services not rendered. 25. PROTECTION OF WORK. 25.'I Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally Ilable for is responsible for any loss or damage tc 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 repiaca 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 ba loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents, or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.'I 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 bean 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 conseq uencas 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 Tima. 27. USE OF PREMISES. 27.'1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Protect site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by iaw, rights of way, permits and 68 Trl-Party ConsVucllon Servlccs Agre¢menC [2o2fi_var.3] ��, �i..� easements, and shall not unreasonably encumber the Project site with construction equipment or other malarial 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. 26.1 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 ar loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 26.1 .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 structu ras or improvements not designated for removal, relocation, or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codas, 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. 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 Oavice 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 ba Contractor's superintendent unless atherwisa 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 raf¢rred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner properly. 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 Protect site which is located upon or adjacent to an existing Owner facility. in such event, Contractor shall comply with the following: 67 _ Trl-Party ConsYructlon Services A9raemanC [2025_var.3] �'f:(`� 28.5.'1 All Owner facilities era smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employes' clothing at all times. All Employees working at the Project site must l09 in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to ant¢r any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employes 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 th¢ OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsita, as said rag ulations may b¢ changed from lima 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 designatetl, from lima to time, by Owner in writing; 28.5.7 Whan requested, Contractor shall cooperate with any ongoing Owner investigation Involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute, or sell products while on Owner's property. Friends, family members or other visitors of the Employees era not permitted on Owner's property; and 28.5.9 At all limas, Contractor shall adhere to Owners 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 th¢ commencement of Work, the Contractor shall attend apre-construction conference with the Project Manag¢q 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 untlerstanding 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 pro -construction conferanc¢) as may be directed by the Project Manager. sa Trl-Party CanaVuctton Serv�cas Agreement: [2025_var.3] �� 1.: 30. VENDOR PERFORMANCE EVALUATION Owner has Implemented a Vendor Partormance Evaluation System for all contracts awarded In excess of $25,000. To this and, vendors will ba evaluated on their performance upon completion/termination of this Agreement. 3'1. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (M UTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. Thasa projects shall also comply with Collier County's Mai ntenanca of Traf£c Policy, #580�, incorporated herein by referent¢. Copies are available through Risk Management and/or Procurement Services Olvision and is available on-line at collier9ov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTC D, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict ad heranca to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintan ante of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within tan (1 O) days of receipt of Notice to Procaad. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consu mar, use and other similar taxes associated with the Work or portions thereof, which era applicable during the pertormance 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. 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to general¢ sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its bast efforts to 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 Chang¢ Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Chang¢ Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner antl Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible far 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 ¢vent Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the man ufacturar or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all ss Trl-Party Conslrvcllon Servtcea AgreamenC [2026_ver.3] _ \/ �` ^/ warranties and Contract rights Owner may have from any manufacturer or su ppliar 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, F.S., and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine haw 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 saverability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other fiactors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is perrormtng, furnishing, supplying, or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall ba solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changers, 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 Owners beat interest, prior to raq nesting approval of any Change Order from Owner. All Subcontractors partorming any portion of the Work on this Project must be "qualified" as de£nad in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to pertorm fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith pertormance. 33.3 In addition to those Subcontractors identified in Contractor's bid that ware approved by Owner, Contractor also shall identify any other Subcontractors, Including their 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. 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 partormanca 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 Contracior 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 pertorming 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 antl 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 ba 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 ba an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor 60 TrLParty Constmdlon Services P�reemenl [2026_var.3] /ice [� except workmen's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will 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 Sita must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) inclutled in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for ached uling 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 axperien ca 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 pu rchasa orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the pertormance 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 na91i9enca, shall be an extension of its contract time. 33.6.2 In the avant of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 1 O% for overhead and profit. 33.6.3 Tha subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the 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 th¢ waiver of such claims. 34. CONSTRl1CTION SERVICES. 34.1 Contractor shall maintain at the Pro)ect site, originals or copies of, on a currant basis, all Project files and records, including, but not limited to, the following administrative records: 34.1 .1 Subcontracts and Purchaso Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Eq uipmant Purchase/Delivery Logs st Trl-Party Constructlon SaMces AgreamenC [2026_ver.3] �/ �`, \ P` ) 34.1 .5 Contract Drawings and Specifications with Addenda 34.7.E Warranties and Guarantees 34.1 .7 Cost Accounting Records 34.1 .8 Labor Costs 34.7.9 Material Costs 34.1 .1 O Equipment Costs 34.1 .71 Cost Proposal Request 34.7 .12 Payment Request Records 34.1.73 Meeting Min utas 34.1 .74 Cost -Estimates 34.7.t5 Bulletin Quotations 34.1 .76 Lab Test Reports 34.1 .17 Insurance Certificates and Bonds 34.1 .76 Contract Changes 34.7 .19 Permits 34.1 .20 Malarial Purchase Delivery Logs 34.7.27 Tach nieal Standards 34.7.22 Design Handbooks 34.1 .23 "As -Built" Marked Prints 34.7.24 Operating 8. Maintenance Instruction 34.7.25 Daily Progress Reports 34.1 .26 Monthly Prog toss Reports 34.1 .27 Correspondence Filers 34.7.28 Transmittal Records 34.1 .29 Inspection Reports 34.7 .30 Punch Lists 34.1 .37 PMIS Schedule and Updates 34.7.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all limas to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall ba made in a prop¢rly 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 ba limited to, the following information: Original contract amount, projack schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 3S. SECURITY. The Contractor is required to comply with County Ord Ynanca 2004-52, as amended. Background checks are valid for Fve (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 ba limited to, checking federal, state and local law enforcement r®cords, including a state and FBI £ngerprint check, credit reports, education, residence sa Trl-Party Consirvdlon Services .ygre¢mant [20a5_ver.3] ��- �� and employment veriFcations 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 Gollier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for ono (9) year from the date of issuance and can ba 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 a -mail (DL-FMOPSlrD II" t fl v) 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. Failu ra to notify within four (4) hours of separation may result in a deduction of $SOD 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 era additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suik 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 $tO 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 ba limited to: design, construction, and construction, engineering and inspection (C EI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.'I The contractor shall ensure compliance with all NFPA regulations: specifically 'I t O 8 30/30A; FDEP chapter 62 regulations: specifically Chapters 76t, 762, 777, and 780; 376 8� 403 F.S.; and STI, UL, PEI, ASME, NACE, NLPA, NIST 8. API referenced standards pertaining to the storage of hazardous materials and petroleum products. 382 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 "I O 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. 63 _ Trl-Party Cons[ructlon Servlcca Agraemenl [2025_ver.3] ` ":`J 39. STANDARDS OF CONDUCT: PROJECT MANAGER, 3UPERV130R, EMPLOYEES Tha Contractor shall employ people to work on Owner's projects who are neat, clean, wall -groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who era physically capable of pertorming 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. A. 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 Matliation 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 aettlament 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, F. S. 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. ea Ttl-Party Cons[vcllon Services Agreement [2026_var.3] � - '- 1 , EXHIBIT I-'1: SUPPLEMENTAL TERMS ANO CONOITIO NS � Attached hereto, following this page ® Not Applicable 65 Ttl-Party Con3lfuctlon SarvICa3 Ngfeem¢nF. [2025_vec3] EXHIBIT 1-2: AFFIDAVIT REGARDING LABOR AND SERVICES AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED (Following This Pape) 66 Tri Party Construction Services Agreement; 12025 ver.3j AFFIDAVIT RE, GARTXNG LABOR AND SERVICES AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an olltfcer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services, Effective January 1, 2024, R governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual's personal identifying itntbrmation unless the entity provides the goverment with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet any of the following criteria: (a) the entity is owned by the government of a foreign country of concern; (b) the government of a foreign country of concern leas a controlling interest in the entity; or (c) the entity is organized under the laws of or has its principal place of business in a foreign country of oonccrn. Effective July I, 2025, when an entity extends or renews a contract with a governmental entity which would grant the entity access to an individual's personal identifying information, the entity must provide the governmental entity with an affidavit signed by an officer or representative ofthe entity under penalty ofperjury attesting that the entity does not meet any of the criteria in paragraphs (2)(a)-(c), § 281.138, Florida Statutes. Nongoventmental Entity's Name: Wright Construction Group, Inc. Address: 5811 Youngqulst Rd. Phone Number: 239.481.5000 Authorized Representative's Name: Mitchel Bueltel Authorized Representative's Title: Chief Operating Officer Email Address: mitch.bueltel@wcgfl.com I, Mitchel aueael (Name of Authorized Representative), as authorized representative attest under penalty of perjury that Wright Construction Group, ft (Name of Nongovernmental Entity) does not: (1) use coercion for labor or services as defined in § 787.06, Florida Statutes, and (2) the nongovernmental entity is not (a) owned by a government of a foreign country of concern, (b) that a foreign country of concern does not have a controlling interest in the entity, and (c) that the entity is not organized under the laws of or has its principal place of business in a foreign country of concern, all as prohibited under § 287.138, Florida Statutes. Under penalty of perjury, I declare that 1 have read the foregoing Affidavit and that the facts stated in it are true, 3.13.26 (Signature of authorized representative) Date STATE OF rinrldo COUNTY OF —r/ Sworn to (or offirvacd) and subscribed before me, b means of 13physical presence or U online notarization this ;�_ day of � , 202LL, by (Natne of Affiant), who produced his Florida Driver's License as identification Notary P &46L-b I I ,!>-L 2DL30. Commission Expires Personally Known I'OR Produced Identification ❑ Type of Identification Produced: Y.A.." KARINA DE O'OVIRA +? Notary hhlk - Statr! of Florida Comniftslon y HH 77292i F �� ray Comm, EXPIFIFs Mar 1. 200 landed thrcgh yatfpnal Notary Assn, EXHIBIT 1-3 INTERLOCAL AGREEMENT (Following This Page) 68 Tri-Party Constriction Services Agreement: [2025 ver.3] - - -- - _ - 76B7� EVTERI,OCAL AGREEMENT PROJECT: Soint Stozmwater and Utility Improvement Project for the Big Cypress Oelf and Covn[ry Club Estates Comvnunity THI3 BVTERLOCAL AGREEMENT, made end entered into this �_ day o[�atue(S:gt{3, by and between Collier County a political subdivision of the Stato of Piorida, (the "COUNTY") and the City of Naples, Florida, a Florida municipal corporation (the "CITY"xcolleetivaly, the'•Pertias'7. WITNESSETH WHEREAS, dte COUNTY has identified s aced to undertake the design and constmmian o£roadaidc etormwater improvements on Cypress Point Drive, Bvming Tree Drive, anfl Mel -Jan Drive situated within the Big Cypress Oolf end Comtry Club Hatatca waunun3ty (hereinafter refcmd to as the "Anse"), to eddreas aging iafmatmmure serving the atormweacr sye[em and flooding c nee ,and WHEREAS, [hc vsri strcete withiv the Atea idevtifled as needing roadside atormwater tmprovements (the'•stonnwater improvements') are within the boundaries of the COVN9'Y; end WHEREAS, the Cl'PY owns certain potable water systems (the "Utility") within, adjeccvt la, and in [hc vicird[y of the mad eeaemen[s and/or rights -of --way of the arrears identified as needing atormwatcr improvonen[s; and WHEREAS, 3n accordavice with the COUNTV'S Procurement Ordinance and its purchasing policies a has accvred a design engineering firm to perform the design Cor the improvements; avd WHEREAS, [he COUNTY tad Cl"IY have determined end mutually agree [hat it is economically advantageous and in the beat ialeroat of the public to enter into pds Agreement [o undertake a joint Pjetx (the "ProjanY� to construct roadside amrmwater impmvementa and public water collection system fadlitica; and WHEREAS, the COUNTY and CITY botb agree that the COUNTY will menage the Projact's design, permitting and corratmmion phases; and WHEREAS, the COUNTY and CITY both egec that the COUNTY is reaponaible for funding the stormwater 3mprovemmt coat portions o£ the Pr jccq aad the CITY is respotm3ble far funding the Vlility coat Portiorta oF[he Pjeet. NOW, THL"REFORE, in consideration of the above premises, and the mutual covenants, tenna, and provisions contained herein, the COUNTY end CI"I'Y agree es follows. r—rrriv t• r�OIlNTY'S RESPONSIIIII..ITIES 1.0 The COUITFY will a rve asp fact manager for [he design, pertnitling and cona[mdion phnaea of the PROJECT. The COUNTY's assigned staff project manager shall be undo the supervision of the COUNTY's contract manager as idantifled in Section 3.9 below. ].l The COUNTY shall maintain open wmmunication wixh tfia CITY's assigned p jeer manager and � provide periodic progress raporta and documentation about the PROIHCT na mqueated by the CITY. � I 1 � �a� j i cr.� -- -. . - 7 6-�7- 1.2 The COUNTY shell procure mprnhmaive Vtility-related constmction and wuanve[ion adminiavelivc services far the CITY'S Vtility portions of the PROJECT, which work Mall be jointly and comurmntty procured along with the COUNTV's design, construction, and wnawetion edminiatmtiva services for its etom[water improvamenta portions oFMa PROJECT. 1.3 The following apceific eervtcea, duties and responsibilities will be the obligation of the COUNTY regarding the design wording[ion, wnswetion, and contract administration of the Utility work on behalf of the CITY. A. The COLJNTY's and CITY'a assigned pr jwt managers shaO maintain open communication with each other and provide periodic progress reports end docummtstion about the PROTECT ae requested by the COUNTY and CITY. Throughout the design, permitting and conswclioo yhasea of the PROJECT, both projcet meraagara shall mutually schedule periodic progress meetings es dcemed necessary_ B. DurinB [tan draign portion of the PROJECT the COUNTY is reapotraible For providing rcqueated iNbrmation to the engineering wnmlmnt and timely review¢ of draft plm sets. The COUNTY's review will fovvs on the design of the atormwater impro amw[s and roadway portions ofthe PROJECT, with only cursory review (priaaarily dealing with conflicts) provided For the Utility portions of the PROJECT. The COUNTY will rely upon the CITY to provide the COUNTY with timely detailed reviews and commems for the Utility portions of the PROJECT. C. The COUNTY will be responsible for conducting the public bid and award of she constmction ontracq culminating with the CITY and COUNTY entering into a tl.rec-Party agreemwt with the salec[W wnatnaetion contractor. 1Tc contmctor selected shall be based upon [he overall lowest (Fur both [he aggregate s[orsnwatnr improvements and utility work), responsive end recpovsibte bid received. Bn£ore sunk m agremnent is presented For approval to eiMm tho County Commission or the City Council, either Party may daoide whether it wishes to proceed with [hn PROJECT. If a Party decides not to proceed, [bat Party shall notify the other Pally that ii no longer wishes So proceed with the PROJECT, in wldch case the objecting Parry will only be raspon¢ible For its portion of costa inwtted through the data of notificetiov. D. Fl[[ading Eor <he c natruction of the atormwatcr impmvemwta and roadway port:ona of the designed and permitted YROTECf will be provided by the COUNTY. Thn COUNTY is oa[ly maponeibb for paying the contrecror sot«tad for the PROJBCT for Ilaet portion of the work perrtaidng to its etormwater improvamvnta (as wall es shared PROJBCT wtpensae as specified below). E. The COUNTY is responsible to acquire all land rights (road rights-oF--way and dminaga casamenta) needed to v ssfirtly construct the stormweter improvements and roadway portions of the PROJECTCThwe trod rigMa shall be abtaln<d prior to isaumce of a Notice to Proceed ]otter to the constmction contractor. F. The COUNTY shall conduct a £anal prcconstnictim coa£wence prior [o commmcivg with the PROTECT. The COUNTY will provide the CITY notice of the preconetructinn conf ce at least flue (5) working days prior m the conference. The CTTY's assigned project manager will attend this wnference, and other CITY representatives may attend >u the CITY's discrttion. A copy ofine minutes of said conference shall be submitted to the CITY's pr ject vuvager. �l: SV j _ 7 6 6 7 G. The Utility work shall be coordinated with the CITY's prgject manager with respect to keeping the CITY advisal of technical, cost, and schedule impacts upov the Utility work. H. The COUNTY shall confer with the CITY's pr jed manager es tleemad necessary by the CO1JN'PY iv order to coordinate work stages between [he Utility, atorxnwater improvements, and roadway improvements from a public interest viewpoint. I. The COUNTY shall administer design changes, ctarificationa, supplemrnts, and other convect amendments that may be a eery during the dcaigv end construction of the Utility improvements. These contrnct dlrectivea to the consultant and oentrector may be in the form of plans, memoranda, reports, change orders, and supplemental agreements and shall be subject to written approval by the CITV's pr jeer manager and/or contract authority, which approval shall not be reasonably withheld. The above notwithstnndivg, upon nett£ edon m CITY, the CITY herein authorizes the COUNTY to prepare, execute, and implement minor change orders for contract amevdmenta naeasitatal by acntal field conditions m the Utility project aim so a not to delay the contractor's performance end so as to meet the intent of the approved design for the Utility improvements. Said change orders shalt be issued by the COUNTY in compliavtt with current County Procurement Policy and Admirdstrative procalures, either using eziating contrect urdt prices o negotiated uttit prima for work edjustmrnts within the phyaicvl limit of the Utility work es shown in the aortawcvon plans. In no went shal I the value of the total ohange ortlets exceed the Utility allowance to be included in [he low bid approved by both the COUNTY and CITY. Additional or czva work that exceeds the change order authority ofthe COUNTY shall be submitted fez prior review, approval, and execution by [he CITY. J. COLIN'IY shall submit a final CcrtiGcata of Compl¢tion letter to the CITY along with an appropriate number of plvru detailing the Utility end roatlway improvemrnts ea constttm[al by the Parties' contractor ("A9-built record drewings"). A o c-year warranty rcquvemevt Eer work completed by the contmctor shalt ba inc/uded in the Panics' construction ngaement. Thn fma] Certification of Camplctton shell be submittal by the rngineer of record to the FDEP and other local and State egrnciea that govern the Utility improvemrnta. K. All contracts evtercd into by the Panics' for the design and/or conawction of the PRO]13CT shell require the parry covtmctlng with the Parties' to hold harmless, indemrdfy end defend the CITY and COUNTY end its c sultants, agevta, ofKcera and employees from any and ell claims, losses, penalties, fx or any ezpensa, damage, or liability incurred by any of thorn, whether for petaonal i jury, property dazvage, direct or consequential damages, or economic loss an ing directly or indimetly o ouni of or in connection with the work dean by the Parties gconsultent or contractor panainivg to the design and constuctien of We Utility, stomiwatcr improvements and/or roadway or by any person, i rm or corporelion to whom arty portion of the Utility, ammwatcr improwmcnta or roadway work is aubcontractW by the Parties' consulmnt or contracor. L. Monthly stotatwater field meesarementa and quantity calculations shall be made by th¢ angin¢er of recortl of atormwatcr improverrrrnta work accomplished for processing of monthly progress payments to the Paniea' convaetor. The COUNTY'g project manager shell verify and approve these measuremrnes and calcvlaHons in writing prior to the COUNTY•9 issuance of monthly progress payments to the crn[rec[or. 3 t .;t i; M. The COVNTY shall open a Purchase Order to the seceded conavuction commemr ao [het it can make payment Far the etormwater improvcmcnta work performed and provided candor the terms of the Pretties' construction agreement with the contracmq including the COIJNTY's portion of ahamd expenses. SRCTION Q: CITY'S RESPONSIBILITY 2.0 The CITY shell procure compreheaasive Utility -rotated design services for [ha CITY'S UNIi(y portions of the PROJECT, which work abet] be jointly and concurrently procured along with the COUNTY's design, conatnactioq and eonsemetion administrative services f its atormwater improvomanta portions of the PROJECT. ' 2.] The CITY and COUNTY etafl .hall cooperate end agrees on the template contents of the fbtal , construdion Invitation to Bid ('YTB") solicitation prior to issuance. The CITY and COUNTY will cmcr ivm a []vas -way agreement with the wirming bidder resulting from [he ZTB. The CITY shall provide and perForm project support duties as defined below to imavrc that the design, constmdlon, and commct � administration services meet the mutual aetiathction of she CITY and COUN"IY, and ocher governing agencies that have juriadicaiovel control over the Utility improvemema. ' 2.2 The specific pr Jett support duties and responsibilities envmemted below shall ba the obligation of the CITY. A. The CITY's Public Warka Director will serve as the CITY's assigned contract euthoriq� end , point of contact For the COVNTY's contract manager es identified in Seotion 3.9 below. The CITY's Publia Works Director shall tleaigaate in writing an assigned CITY project manager to � work with the CO[JNTY's assigned project manager in typical day to day coordination of PROJECT design, permiuirtg, end c nshvction. The CITV's Publia Works Director shall sign in writing a Vtility project coordinator (if that person ie someone difFerent From the � signed project mavager) for the pumoae of coordinating, resolving, end cotvmuvicatieg , nstruction issues at the ndd level with COUNTY's pr Jett manager. Tha CITY's projad avager and/or projexa coordinator shall attend periodic construction progress meeUnga with ' the COUNTY and [heir contractor, subcontractors, and uttlity campardea with tlirect or indirect interea[ in [he provieiena e£[he Interlocal Agreement. � B. The Parties' assigned project managers shell maintain open wmmumcmion with each other i and provide periodic progress reports and tlocumentation abom the PROTECT to one another � upon request Throughout the design, permitting and conalructioa phases of the PROJECT, both project managers shall mutually schedule periodic progress meetings es deemed , necessary. The Parties shall provide each other written nodes o£ all regularly scheduled � progress meetings at (east live (5) working days prior to the meeting. C. The CITY shall obtain all necessary land rights (rights -of --way, utility easements, temporary ona[zuction cascmenta, dcJ required fur the construction, operation, and maimrnmcc of iha ' Utility facilities portion of the PROJECT. Thc land rights shall be obtained, recorded, end i mad¢ a actable to the COUNTY prior to the CITY's issuance of a Notices m Proceed letter to the wnatmction contractor. D. At the tiro of conntmcfion contract bid preparation, those Utility items identified for which the CITY is tinancielly responsible shell ba subject to thn CITV'a review and approval by the CITY's assigned p Jett manager. Tha COIJNI']' will include The Utility work in the PROJECT ITB to roceive the bid pricy for eha CITY'3 construction Utility work. Prior to the 4 COLINTY's issuance of the Notice to Proceed letter to the constmction contractor the CI'['Y shall provide a Pumhese Order to the successful wntrsctor £or the CITY's portion of the conatruct(on of the Vtility impro ants. Footling for additioma] approved cost incrcesas for Utility covatmction work (e.g., quantity changes, ohrnge orders, etc.) will be provided by the CITY. E. The Cf[Y shall review the design documrnts, approve the Utility design, inspect the work as neces¢ary, and reviaw and approva the ^As -built r«oM drawings," which will rapmsant end depict the Utility ae constmcmd by the Parties' contractor. P. During the design portion of the PROJECT the GITY is responsible for providing mquasted information m the wnaultant and ["vnely reviews of draft plan sets. Tha CITY's reviow will focus on the design afthe Vtility portions ofthe PROJECT, with only cur¢ary review (primarily dealing with waflicta) provided for [he atormwater improvements and roadway portiana of the PROJECT. The CITY will provide the COUNTY with timely detailed mviows and commrnts for the Utility pordons of aka PROJECT, so that the COUNTY can submit the C1TY's cotmnen[a to the design wnsultant. G. Monthly Utility Fdd meaaurcmenta and quantity calculations shell ba made by the engineer of reamrd o£ Utility work accomplished for Pmcessing of monthly progress payments m the Parties' wnvactor. The CITY's p ject manager shell v rift' and approva these measumments and calculations in writing prior to the CITY's issuance of monthly progress payments directly to the contrrector. H. Tha CITY shall open a Purchase Order to the seleotM wnatmction contractor so that it can makes payment for the Vtility work performed end provided under the terms of the Ponies' con¢tmction agreement with the wntmctor, including the CITY's portion of shared expanses. SHCTION III• MUTUAL COVAIV ANTS 3.0 1'he lacatiov ofthe PROJHC'I' is within The H[g Cyprcsa Golfand Country Club Estates. The specific streetc under covstdemtiov for Iha PROJECT may include soma or all of [ha Following etreeta: . Cypress Point Drive Homing Troc Drive . Mal-Jrn Drive 3.1 The Parties ¢hall not be maponaible for wnawetion means, methods, techttigves, skills, sequences, r proceduroa of constmction misting to the PROJECT•s impro rnts. Tha above meponsibilities durmg c navuction shall mmein with the Parties' contractor and/or the contractor's subcontractors subj«t to the conditions end rcapansibilitiea set forth is ilus Inlerlecal Agrrsment. 3.2 Tha CII'Y shall be responsible for providing mviaw services and guidance to ensures that design end consemotion of eha Utility components of the PROJECT comply with or exceed the C1TY's Utfllty design and conatmction minimum etanderda. 33 Neither Party shall be responsible to the other should ifs contractor fail to ro[¢ply with the Owupattonal Safety avd Health Admirdatration (OSHA) Safety end Health Standards [29 C.F.R. 1926) a authorized by the U.S. Dnpartmant of Isbor, OSHA: said msponaibilitiee to be that of the Parties' convector anNor their contractor's subcontractor. 5 \. �t=� 7 3.4 The COUNTY's Capital Pr jest, impact Pecs and Program Management Division Uirectoy shall eat as the COUNTY's contrast manager pnder this tnterlocal Agreement. Aa the COUNTY's wntrect manager under this Intmlocal Agreemenq the Capiml P jest, Impact Fees and Program Management Division Director shall also have the authority with prior written npprovel of the Cfl'Y to extevd the limits and/or scope of Utllity eanstrucifon work; subject m the COUNTY's Puraheaing Policy end approval as required by the Collier County Board of Commissioners. 3.5 During the conatructioa phase of the PROJECT, conatmclion avgineerivg inspection services will be provided by CITY ataEf, CUUNTY scoff, a aeparetdy solicited engineering consultant firm, and/or avy wmbivadoa thereoF. Periodic oa-airs inzpcctiona and constmedon roviewa witl be sovducted by the COUNTY (or its desigvac) and the CITY (or its designee) to ssaesa die contractor's complianw wi[h the constmction plane end coatmct documents. 3A The Parties shall each ba provided with four (4) seta of the approved cor[swction plena and contract documents for the PROJECT prior to commcnament of coruttuction activities. 3.8 Vpon completion of any portion of the PROJECT, nithw the Utiljty or s[ormwa[ar improvements portions, including work authorized under change orders end aupplcmevmt agrecmevta, the CITY and COVNTY shell conduct a joint final inspection of eha work with Lhe CITY's and COUNTY's p jwt managers and/or inapectoza avd/or engineer of record prior [o eha Pattfea• issuing final payment to the contractor. 3.9 The Parties shall properly dispose of all rempved materials from [hc Project. 3.10 Paymcnta to contmc[cd Firma for completed and accepted work, including design, perritting, end construction will follow the procedures identified in the Parties' relevant contras[ documents. The PROJECT expenses more apacifieally set forth is the conatruotion ITB•a Bid gchadvle at Section l: Oeneml, or as later added to this Agrcem<m by a separate amendment is writing, shall be shared equally by die Partite (the "shared expcnaes"). The PROJECT cxpcnacs aro apportioned as fpllowa: L COUNTY: 'fhe[ portion of We expevsea required for the funding foi the design, permitting and construmion of doe stormwacer improvement portions of the PROJECT; sad 2. CITY: That portion of the expenaea required for the funding for the deaigv, pemlihing sad cotwirucdom of the Vdlity improvement portions of eha PROJECT; and 3. Those portions identified ax ahered experuca (e.g., roadway, mobilization, maintenanm ofuaf£c, lendaceping, etc.) on she ITB Bid Schedules to be agreed upon by the Parties or as later added to this Agreement through a written amendment by the Parties. 3.1 1 Tha COUNTY is responsible f r the development and implementation oEa public relations program for the PROJECT to addzeas needed public support for the PROJECT. The COUNTY will coordinate with the CITV regarding [hc scheduling of any public meetings, workshops, hd'ormation distribution, sic. deemed viable and necessary to inform the affected public about the plazmed a[ormwate and Vtility improvemcnta and the expectadona they eat[ have regarding £seal, phyaicel, and liming impacts related to the PAOIHCT. Tha COTJNTY shall provide the CITY written notice of all public rdaiioaa public mmt:nge, worYehopa, and viformation diatribudon efforts at leas[ five (5) working days prior to the m«[ings, workshops, or ix[fonnaHon distribution. SECTION ry: AGREEM:ENT TE12Mg 6 __ .. _ _ _�-s_� I 4.0 Thia Intcrlocal Agreement aball remain in full force and effect from the data first above written and shall terntinare upon the completion of all services and reaponaibilities mutually performed by the COUNT']' avd by the CITY m the written satisfaction of each to the ocher. It is understood thus il.e actual termination date herein may occur ov or about the date of final approval avd aeaeptance of ell Roadway, 9tormwater improvemanta avd Utility vnprovementa by the Parties sent subject to corsstruction contract warranty provisions. This data is contemplated to be subsequen[ to the acual data of final approver] and acceptance of the Utility improvements by the CITY end following any outstanding payments owed by the CITY to the COUNTY. 4.1 Within the COUNTY public easements and/or rights-e£--way of the Area impacted by this Project, the Roadway and Smtatwater improvements shall be maintained by the COUNTY or i[a assigns, and the Utilities improvements shell be maintained by the CITY or its assigns. 4.2 The COUNTY or the CITY may tetmittate this lntarlocal Agreemeut prior to the completion of the Utility work upon tb;rty (30) days prior wriuen notice each to the other. 1n the event of sucb termination by ei[her party, the COUNTY shell be entitled to receive den compensation for aha value of services rendwed, constmetion performed, end termination costs as actually incurred. SECTION V• INSURANCE 6.0 The COUNTY and the CITY shell maintain insurance in at least the minimum amounts and types as required by Florida Statutes. 5.1 Tha COUNTY and the CITY agree that both parties are partially sdf-insured. P ch shall provide to the other evitlence of insurance iv excess of the sal£ -insured retention. 5.2 Nothing in this tnterlocal Agreement shall operate as a waiver of the sovereign ;men unity affordetl to the parties as provided in Section "l682S, Florida Statutes. 6.3 In ante for the Parties' wnvacmr end tleaign engines[ oonauhant will be addrcssad in [he separate agreements entered into wtth those service providers. SECTION V[: M15CELLANEOUS 6.0 This Interlocal Agreement shall be governed by end construed under the laws of [he Stale of Florida. In the event any litigation i matituted by way of construction o rnfarcement of this lnterlooal Agreement, [he party prevailing in said litigation shall be entitled to collect and recover from the opposite petty all court costs and other expenses excluding attorney'a fees. Venue ism Collier �, County, Florida. ' 6.1 I[ is understood that this fnmrlaca3 Agreement must be executed by both parties prior to the COUNTY and the CITY comvreneiag with the work, services, duties, and responsibilities described hmetofom. 6.2 This Intalocal Agreement shaft be modified or emended Drily by written agreement of both the COiINTY and the CITY through authorized repraacnmtives. 6.3 The County shell record this Intwlocel Agreement et 1ta sole coat in the Public Records o£ Collier County. SECTION VII: DISPUTE RrraOLVT[ON � I 7 st i. _ _ � �Gi_� 7 6 B 7 '].1 The pnrties rccogniu [hat they am entities subject to dispute resolution procedures set out in Chapter 169, Florida Smm[es. 9.2 ht the event ofa diepv[e between the Partie9 concerning this Intcrlocal Agrxment, We COUNTY end the CTTY agree to attempt to resolve the dispute as expeditiously and inexprnsively u fmsible. Specifically, [heir reapwtive staff will mad within ten (]O) days ofprovision of notice of the dispute and attempt in good faith to resolve the dispute. They tray jointly agree to a mediator m expedite and eKacmate a resolution. If [hey are unable to agree. upon a mediator, withia ten (10) days thereafter, [hay shall joimly rrgvest the Chief Iudge of iho 20'" Judicial Circuit m appoint a mediator qualified in construction law to mediate the dispute in accordance with the court's pro -suit mediatinn pmcedtuee. The mediation shall occur within ten (10) days altar the mediator is appointed. IF the dispute cannot be rosolved at [his level, the Chapter 169 remedies shall be available. Hach Party shall pay equally iv [he cost of tftc mediation. IPI W1TNF.83 WIiEREOF, the Parties hereto haves caused this Interloca] Agreement to be uecu[cd by their appropriate officials, ae of the darn first above written. AS TO TTiE COUNTY: ATTEST: _ . � ' Crystal FCAI�in�txl;�Cferlbof the Circuit Court Ana Co]npi£sollcr., i `Att 6 - s.t Z'hajrma eputy O(arK s. ' at }E PPty' Approved a f Jettiey A. a zko ,County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLARIDA BY._ `_ _t____- Chrss Ha71, �hafrtnait e . A3'l'O THE C{T.rG RF NAPLES: tbX fr - and legal su�CCddEy: Ralf Binokae.'----�—� �-- Intcrlm Clty Attorney ---_ ysB� Cl'fV OP NAPLES, PLORIDA ' ITg�7� _---_ � _ Teresa Haitma'm, May�� 9 -' cry t 7 6 B 7 Book 15O Page Agenda Item 7.B MaaUng of 12/6/23 RESOLUTION 2023-'I5260 A RESOLUTION APPROVING THE INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES TO DESIGN AND CONSTRUCT IMPROVEMENTS TO THE CITYAWNED WATER DISTRIBUTION SYSTEM AND COUNTYAWNED STORMWATER SYSTEM LOCATED WITHIN THE BIG CYPRESS GOLF AND COUNTRY CLUB ESTATES COMMUNITY; AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE_ WHEREAS, portions of the City's water service area are located in uinin,corporated Collier County; and WHEREAS, the City of Naples owns and operates a water dtstributicn system; andi WHEREAS, Collier County has identified a Head to upgrade �}ho-roadside stomiWatar system on Cypress Point Drive, Burning Trees Drtva, and }vlal-Jeti Drive, located within the Big Cypress Golf and Country Club Esfafes;commirnity. to address aging infrastructure and flooding concerns''and � •-..� �- �' WHEREAS, the City desires to upgrade the watarmains on Cypresa Point Drives, Burning Trees Drive, and Mellen Drive, as part of the overall construction project, to address pipe age and to meet current standards for minimum pipe size; and WHEREAS, the City and County mutually agree that it is economically advantageous and in the bast interest of the public to undertake a joint project; and WHEREAS, the City is responsible for funding the water system improvements portion of the joint project, and the County is responsible for funding the stormwater improvements portion of the joint project, as outlined in the interlocal agreement; and WHEREAS, a three -party construction agreement will be utilized that will allow the City and County to issue inde pa ndant purchase orders to the awarded contractor in order for each entity to account and pay for construction sa rvices that are specific to each entity; and WHEREAS, funding to pay for the water system improvements is available within the FY 2023-24 adopted budget (Water Sewer Fund) approved by City Council; and WHEREAS, it is in the City's bast interest to enter into this Intarlocal Agreement with Collier County; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: �sg� Daok I50 Paga Resolution 2023-t6260 Paga 2 Section t. That the above "WHEREAS" clauses are incorporated herein by reference. Sectlon 2. That the Interlocal Agreement between Collier County and the City of Naples, a copy of which is on file with the City Clerk's Offca, is hereby accepted and approved. Sectlon 3. That the Mayor is hereby authorized to execute the Interlocal Agreement. Section 4. That this resolution shall take effect Immediately upon adoption. PASS RIN .E�RRSN'AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF. LES:rFLC3��t���, THIS 6TH DAY OF OECEMBER 2023. ARe�1� ON 7tFE, s7,- G U � 4 �tit�a Ca�sk,�,C3ny Teresa Lee Haitmann, M�r Approved as to Form and legality: Ralf Brooke5,intedm City Attomay Data fled with City Clerk: /e2 -L�- z 3 A Collier County INSURANCE REQUIREMENTS COVERSHEET Project Name 25-8421 Vendor Name Big Cypress Gold Estated & Country Club of Naples -Secondary Drainage and Water Main Replacement Solicitation/Contract No. Wright Construction Inc Attachments Risk Approved Insurance Requirements ❑✓ Risk Approved Insurance Certificate(s) Comments Attachments Approved by Risk Management Division Digity signed by Approval: GonzalezGre Gona lezGreily GonzalezGreily I\' Date: 2026.03.19 J 12:35:33-04'00' FORM 8 - INSURANCE AND BONDING REQUIREMENTS Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation 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 h!Ws://apps.fldfs.com/bocexgmpt/ 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 current ISO form Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall include Premises and Operations; Independent Contractors; Products and Completed Operations, and Contractual Liability. For construction projects the aggregate limit shall be endorsed to apply "Per Project. 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 Contractor/Vendor 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 noted: Occurrence $ Per ❑ 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 $ each occurrence if applicable to the completion of the Services under this Agreement. ® Pollution Occurrence ❑ Professional Liability aggregate ❑ Crime/ Employee Dishonesty Occurrence $_1,000,000_ Per Per claim & Per ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence ❑ Other: Cargo Insurance $ Per Occurrence ❑ Other: $ Per Occurrence 7. ® Bid Bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of County 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. Vendor's Insurance Acceptance By submission of the bid, the Vendor accepts and understands the insurance requirements of these specifications, agrees to maintain these coverages through the duration of the agreement and/or work performance period, and that the evidence of insurability may be required within five (5) days of notification of recommended award of this solicitation. GG — 7/22/2025 WRIGCON-02 SE01MANDREE , k. o CERTIFICATE OF LIABILITY INSURANCE �� DATE D/YYYY) 3/13/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # L077730 AssuredPartners of Florida, Naples 3501 Del Prado Blvd. S Suite #204 Cape Coral, FL 33904 CONTACT NAME: PHONE FAX (A/C, No, Ext): (800) 226-6117 (A/C, No):(239) 261-2803 ADDRILSS: INSURERS AFFORDING COVERAGE NAIC # INSURERA:The Continental Insurance Company 35289 INSURED INSURERB:Valley Fore Insurance Co. 20508 INSURER C : Lloyd's of London Wright Construction Group, Inc INSURER D : 5811 Youngquist Road Fort Myers, FL 33912 INSURER E INSURER F : COVERAGES CFRTIFICATF NIIMRFP- RFVl.glnN NIIMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LT TYPE OF INSURANCE ADDL p SUBR p POLICY NUMBER POLICY EFF DDI POLICY EXP (MMIDDrrYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X 5084101471 1/1/2026 1/1/2027 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 100,000 $ MED EXP (Any oneperson) $ 15,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑X JECT � LOC GENERALAGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 EBL AGG $ 1,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT Ea accident 1,000,000 $ X BODILY INJURY Perperson) $ ANY AUTO X BUA7063466009 1/1/2026 1/1/2027 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X PROPERTY DAMAGE For accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE CUE7012107814 1/1/2026 1/1/2027 DED I X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC616229107 1/1/2026 1/1/2027 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE 11000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C Professional Liabili ANE467362326 1/1/2026 1/1/2027 Each Claim 2,000,000 A Equipment Floater 4034475218 1/1/2026 1/1/2027 Rented/Leased 350,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space is required) Pollution Liability: Insurer: Underwriters at Lloyds of London Policy #ANE46736223.26; Effective: 01/01/2026 - 01/01/2027; Retro Date: 01/01/2015 Limits of Liability: Each Claim: $2,000,000; Self -Insured Retention: $25,000. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR Collier County included as additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract for any and all work perfomred on behalf of Collier County. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E. Naples, FL 34112 AUTHORIZED REPRESENTATIVE f ACORD 25 (2016/03) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD