Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
#20-7684 (Wright Construction Group)
CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Wright Construction Group, Inc. ("Contractor") of 5811 Youngquist Road, Fort Myers, FL 33912, a Corporation, authorized to do business in the State of Florida, to perform all work("Work") in connection with Thomasson Drive Beautification Project, Invitation to Bid No. 20-7684 ("Project"), as said Work is set forth in the Plans and Specifications prepared by RWA, Inc.,the Engineer and/or Architect of Record ("Design Professional")and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Six Million Twenty-Two Thousand Six Hundred Eighteen Dollars and Sixty- Eight Cents ($6,022,618.68). Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.dov/c570/c570.html#certified. Should the Contract Amount be less Construction Services Agreement:Revised 072118 than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents,the Contractor shall, within five(5)calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Three Hundred Thirty-Five (335) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof)for the use for which it is intended. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Three Thousand Four Hundred Forty-Seven Dollars ($3,447.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager(or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty,which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday 2 c9 Construction Services Agreement:Revised 072118 or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #20-7684 "Thomasson Drive Beautification Project". Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms I I Not Applicable Exhibit B-2: Performance Bond Forms I I Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Construction Services Agreement:Revised 072118 Cq 6 Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions I I Applicable ® Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #20-7684 "Thomasson Drive Beautification Project". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsvnc.com/bidsvnc-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. I 'Exhibit J: Technical Specifications Exhibit K: Permits ®Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by RWA, Inc. Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL do Collier County Redevelopment Agency 3299 Tamiami Trail East, Suite 103 Naples, FL 34112 Attn: Tami Scott, Project Manager Phone: (239) 252-8845 Email: Tami.Scott(a�colliercountvfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Wright Construction Group, Inc. 5911 Youngquist Road Fort Myers, FL 33912 Attn: George A. Powell, Executive Vice President Phone: (239) 481-5000 Email: Robbie.PoweWwcgfl.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 4 Construction Services Agreement:Revised 072118 C CA Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. is 5 Construction Services Agreement:Revised 072118 Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. IE 6 Construction Services Agreement:Revised 072118 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Wright Construction Group, Inc. _;,_- , ..--?,--/ FIRST WITNESS -:S4_,17 es pJii))(ve// By: ,V ,,i..... Pri ame �" ' - -> C'� laC A• Ap kt) ,l- iliC4 p/ .3.,4-.0,,11 PsOt: ila .... - 40 Print Name and Title ,-- ••-'-''''•••1 u r , , ., y. •, S OND WITNESS w 1,,,,,,..':::::<:/t,ri 4,v G �� ,., °1� 3 — %...�o 20 0G• -` '� -: Print Name ' r; i7 < Date: EEh&.rAAA.h' AI c O..' ` ,,,.of Pfflttil1P01 ATTEST: OWNER: ` Crystal K. Kinzel, Clerk of Court& BOARD OF COUNTY COMMISSIONERS Comptroller ¢ ;�, OF COLLIER COUNTY FLORIDA .... 4 i BY: 4.,,,,,,,,,,,,,,_ wAttest as tO4ba,r!nan's Burt L. Saunders, Chairman .>signat0A.ly.., ail • suut -' Ap d as•to Form an Legality: Weot.2_,__. County Attorney 1 .,„ Ai it' R 7i:A Ll...-- Print Name 7 Construction Services Agreement:Revised 072118 Per EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement:Revised 072118 Thomasson Drive Beautification Project 1310 SCHEDULE Collier County Bid 1120-7684 COMPANY: Wright Construction Group Inc. DATE: 12/19/2019 ' BASE BID PAY ITEM DESCRIPTION UNIT QUANTITY UNIT COSTS COSTS GENERAL 101-1 MOBILIZATION LS 1 $435,331.58 $435,331.58 101-1-1 PROVIDE/MAINTAIN SIGNED AND SEALED"AS BUILT'PLAN LS 1 $12,500.00 $12,500.00 101-1-2 PROVIDE CONSTRUCTION SURVEYING AND LAYOUT LS 1 $26,100.00 $26,100.00 101-1-3 PROVIDE/MAINTAIN PROJECT SCHEDULE LS 1 $1,200.00 $1,200.00 101-1-4 PRESERVATION OF SURVEY MONUMENTS LS 1 $950.00 $950.00 102-1 MAINTENANCE OF TRAFFIC LS 1 $415,539.21 $435,539.21 102-3 COMMERCIAL MATERIAL FOR DRIVEWAY MAINTENANCE CY 2000 $26.84 $53,680.00 GENERALSUB-TOTAL $965,300.79 DEMOLITION 110-1-1 CLEARING AND GRUBBING AC 9.50 $34,675.05 $329,412.98 110-4-10 REMOVAL OF CONCRETE PAVEMENT SY 6813 $13.67 $93,133.71 110-4-101 REMOVAL OF EXISTING DRAINAGE STRUCTURES EA 26 $449.57 $11,688.82 1104-102 REMOVAL OF EXISTING DRAINAGE PIPE(DISPOSE OF OFFSITE) IF 2130 $11.44 $24,367.20 110-7-1 RELOCATION AND/OR FURNISH NEW MAILBOXES EA 70 $58.30 $9,081.00 DEMOLITION SUB-TOTAL= $462,683.71 EROSION&SEDIMENT CONTROL 104-10-3 SILT FENCE LF 11792 $0.75 $8,844.00 104-18 INLET PROTECTION SYSTEM EA 88 $95.00 $8,360.00 107-1 LITTER REMOVAL AC 14.60 $50.00 $730.00 107-2 MOWING AC 14.60 $50.00 $730.00 EROSION&SEDIMENTCONTROLSUB-TOTAL= $18,664.00 EARTHWORK 120.1 REGULAR EXCAVATION CY 9400 $18.94 $178,036.00 120-6 EMBANKMENT CY 3900 $30.72 $119,808.00 570-1-2 PERFORMANCE TURF/SODDING SY 14000 $2.11 $29,540.00 EARTHWORKSUB-TOTAL= $327,384.00 DRAINAGE 425-1201 FDOT TYPE 9 INLET EA 2 $3,459.06 $6,918.12 425.1521 ,FOOT TYPE"C"INLET EA 67 $2,135.05 $143,048.35 425-1541 FDOTTYPE"D"INLET EA 2 $2,770.53 $5,541.06 430-174-115 PIPE CULVERT,OPTIONAL MATERIAL,ROUND,15'SD IF 589 $39.66 $23,359.74 430-174-118 PIPE CULVERT,OPTIONAL MATERIAL,ROUND,18"SO IF 1526 $50.65 $77,291.90 430-174-124 PIPE CULVERT,OPTIONAL MATERIAL,ROUND,24"SD LF 380 $66.74 $25,361.20 430-175-115 PIPE CULVERT(RCP),OPTIONAL MATERIAL,ROUND,15"S/CD LF 219 $59.26 $12,977.94 430-175.118 PIPE CULVERT(RCP),OPTIONAL MATERIAL,ROUND,18"5/CD IF 328 $59.82 $19,620.96 430-175-124 PIPE CULVERT(RCP),OPTIONAL MATERIAL,ROUND,24"5/CD LF 264 $71.94 $18,992.16 430-175-218 'PIPE CULVERT(ERCP),OPTIONAL MATERIAL,ELLIPTICAL,14"X23' IF 61 $75.73 $4,619.53 430-982.125 MITERED END SECT,OPTIONAL RD,18"CD EA 11 $1,562.79 $17,190.69 430-984-123 MITERED END SECT,OPTIONAL RD,15"SD0 '' r 7.56 430-964.129 MITERED ENO SECT,OPTIONAL RD,24"50 - �® DRAINAGE SUB-TOTAL= $373,789.16 PAVEMENT 160-4 STABILIZATION TYPE B SY 13482 $7.58 $102,193.56 285-709 OPTIONAL BASE GROUP 9,B-12.5 BLACK BASE SY 9702 $38.14 $370,034.28 327-70.1 MILLING EXISTING ASPHALT-1" SY 21324 $2.78 $59,280.72 334-1-12 SUPERPAVE ASPHALTIC CONC(RESURFACING),TRAFFIC B,SP-9.5(FRICTION COURSE) TN 899 $119.57 $107,493.43 334-1-12 SUPERPAVE ASPHALTIC CONC(OVERBUILD),TRAFFIC B,SP-12.5(STRUCTURAL COURSE) TN 1500 $109.24 $163,860.00 334-1-12 SUPERPAVE ASPHALTIC CONC(OVERBUILD),TRAFFIC B,SP-9.5(FRICTION COURSE) TN 600 $115.59 $09,354.00 334-1-12 SUPERPAVE ASPHALTIC CONC(WIDENING),TRAFFIC B,SP-12.5(STRUCTURAL COURSE) TN 1092 $110.82 $121,015.44 334-1-12 SUPERPAVE ASPHALTIC CONC(WIDENING),TRAFFIC B,SP-9.5(FRICTION COURSE) TN 546 $124.14 $67,780.44 515-1-2 PIPE HANDRAIL-GUARDRAIL,ALUMINUM LF 115 $95.00 $10,925.00 520-1-10 CONCRETE CURB,MODIFIED TYPE F/TYPE F IF 3682 $15.30 $56,334.60 520-2-4 CONCRETECURB,TYPE D IF 197 $12.50 $2,462.50 522-2 SIDEWALK AND DRIVEWAYS,6"THICK SY 6490 $35.75 $232,017.50 526-1-1 PAVERS,ARCHITECTURAL/ROADWAY SY 419 $115.21 $48,272.99 527-2 DETECTABLE WARNINGS SF 706 $23.00 $16,238.00 { PAVEMENT SUB-TOTAL= $1,427,262.4• C SIGNING AND PAVEMENT MARKINGS 700-141 SIGN SINGLE POST(LESS THAN 12 SF) AS 52 $275.00 $14,300.00 523-1-3 PATTERNED PAVEMENT,VEHICULAR AREAS-GREEN BIKE UTNE SY 6470 $87.50 $566,125.00 706-3 RETRO REFLECTIVE PAVEMENT MARKERS EA 344 $3.50 $1,204.00 711-15-131 THERMOPLASTIC,STANDARD OP,WHITE,SKIP,6" GM 0.20 $7,350.00 $1,470.00 711-15-101 THERMOPLASTIC,STANDARD OP,WHITE,SOLID,6" __ GM 2.20 $4,200.00 $9,240.001 711-11-123 THERMOPLASTIC,STANDARD,WHITE,SOLID,12" IF 1436 $3.00 $4,308.00 I 711-11424 THERMOPLASTIC,STANDARD,WHITE,SOLID,18" IF 84 $4.00 $336.00 711-11-125 THERMOPLASTIC,STANDARD,WHITE,SOLID,24" IF 422 $5.00 $2,110.00 I 7I1-15.231 THERMOPLASTIC,STANDARD OP,YELLOW,SKIP,6" GM 050 $1,600.00 $600.00 711-15.201 THERMOPLASTIC,STANDARD OP,YELLOW,SOLID,6" GM 2.40 $4,200.00 $10,080.00 711-11-224 THERMOPLASTIC,STANDARD OP,YELLOW,SOLID,18" LF 296 $4.00 $1,184.00 711-14-170 THERMOPLASTIC,PREFORMED,WHITE,ARROW EA 52 $125.00 $7,750.00 711-I1-160 THERMOPLASTIC,STANDARD,WIIITE,MESSAGE OR SYMBOL EA 41 $150.00 $6,150.00 700-1-50 SIGN SINGLE POST,RELOCATE AS 21 $125.00 $2,625.00 700-1-60 SIGN SINGLE POST,REMOVE AS 1 $$25.00 $350.00 SIGNING AND PAVEMENT MARKINGS SUBTOTAL= $628,032.00 LIGHTING 630-241 Conduit(Furnish and Install)(Open Trench) 1 LF 9232 $5.25 $48,468.00 630-2-12 Conduit(Furnish and Install)(Directional Bore) OF 1726 $14.00 $24,164.00 635.2.11 Pull and Splice Dox(Furnish and Install) EA 78 $320.00 $24,960.00 639-1-121 Electrical Power Service,F&I Underground,Furnish by AS 2 $1,600.00 $3,200.00 Power Company 639.2-1 Electric Power Service Who,(Furnish and Install) LF 100 $3.00 - $300.00 715-1-12 lighting Conductor(Furnish and Install)Insulated No.8-6 LI 32874 $1.10 $36,161.40 715.4.11 Light Pole Complete,(Furnish and Install) EA 80 $5,785.00 $462,800.00 _ 715-7-12 Load Center(Furnish and install)Primary Voltage EA 2 $11,700.00 $23,400.00 715.4-11-SP Light Pole Receptacle(One High and one Low Mount) EA 80 $480.00 $38,400.00 715-4-11-SP Additional netting Conductors LF 32874 $0.55 $18,080.70 715-441.A Sp Loaf Center Modification(Per Circuit Run) EA 5 $100.00 $500.00 LIGHTINGSUB-TOTAL= $680,434.10 LANDSCAPING 110-1-1 CLEARING AND GRUBBING(SPECIAL) SY 2500 $3.70 $9,250.00 162-1-33 PREPARED SOIL LAYER(MEDIAN RAISED PLANTER) CY 25 $32.00 $800.00 548-20 RETAINING WALL SYSTEM,GRAVITY WALL/SEGMENTAL BLOCK WALL<5 FT.HEIGHT SF 806 $96.34 $77,650.04 $80.1-1 LANDSCAPE COMPLETE-SMALL PLANTS(SEE QUANTITY SCHEDULE FOR BREAKDOWN) 15 1 $51,148.00 $51,148.00 580-1-2 LANDSCAPE COMPLETE-LARGE PLANTS(SEE QUANTITY SCHEDULE FOR BREAKDOWN) LS 1 $97,055.00 $97,055.00 580-1-2(A) JLANUSCAPE COMPLETE-LARGE PLANTS-ROOT BARRIER EA _ 58 $118.00 $6,844.00 LANDSCAPING SUB-TOTAL. $242,747.04 IRRIGATION 590-70 IRRIGATION SYSTEM(SEE QUANTITY SCHEDULE FOR BREAKDOWN) LS 1 $124,577.00 $124,577.00 630-2-12 DIRECTIONAL BORE(LESS THAN 6 IN,HOPE) OF 156 $36.00 $5,616.00 630-2-12 DIRECTIONAL BORE(LESS THAN 6 IN.PVC) LF 777 $32.00 $24,864.00 635.2.11 ELECTRICAL PULL&SPLICE BOXEA 11 $483.00 $5 313.00 IRRIGATION SUB-TOTAL= $160,370,00 HARDSCAPIN0 HD-1 HARDSCAPE AMINETIES _ -_ -__ EA 1 $10,547.09 $10,547.09 HD-2 HARDSCAPE AMINETIES EA 3 $2,055.00 $6,165.00 130-3 HARDSCAPE AMINETIES(SPECIAL LIGHTING) EA 12 $1,683.00 $20,196.00 110-4 HARDSCAPEAMINETIES(URN PLANTERS) EA 8 $200.00 $1,600.00 11D-5 HARDSCAPE AMINETIES(POT PLANTERS) EA 12 $500.00 $6,000.00 HD-6 HARDSCAPE AMINETIES(SPECIAL SIGNAGE) EA 4 $3,550.00 $14,200.00 HARDSCAPING SUB-TOTAL= $58,708.09 OTHER 751-35-12 SP IOUS SHELTER LS I 11 $23,082.14 $23,682.14 000700-1 UTILITY ADJUSTMENTS LS 1 $14,238.71 $14,238,71 0000300-1 RESTORATION OF EXISTING DRIVEWAYS IN KIND LS 1 $78,964.20 $78,964.20 0000300.2 RESTORATION OF EXISTING LAWNS ADJACENT TO RESIDENCES LS 1 $8,347.50 $8,347.50 WM-1 BY AMU/COUNTY-CITY OF NAPLES POTABLE WATER METERS INSTALLATION FEES(1.51 EA 1 $2,000.00 $2,000.00 WMB-1 BY MSTU/COUNTY-POTABLE WATER BACKFLOWS DEVICE INSTALLATION(1.51 EA 1_ $2,500.00 $2,500.00 OTHER SUB-TOTAL. $129,732.51 BASE CONSTRUCTION COST A.SUB TOTAL $5,475,107.90 0.ALLOWANCE 10%(Ax 0.10) $547,510.79 C.TOTAL WITH ALLOWANCE(A+B) I $6,022,618.66 Notes: 104-10-3 BASED ON REPLACEMENT EVERY 12 MONTHS 570-1-2 INCLUDES WATERING AND FERTILIZER APPLICATTONFOR A MINIMUM OF 3 MONTHS WITH ONE HOUR 3 TIMES PER WEEK UNTIL SOD ESTABLISHMENT.ALL SOD REPLACED ADJACENTTO PRIVATE RESIDENCES 511511 BE REPLACED IN KIND. 110-1-1 INCLUDES REMOVAL AND SALVAGING OF EXISTING POWER POLES.DELIVER TO LOCATION AS DETERMINED BY TIIE COUNTY. 102-1 THE MAINTENANCE OF TRAFFIC PLAN SHALL BE PAYABLE AS A LUMP SUM ITEM AND IS INTENDED TO INCLUDE ITEMS 102-2,102-3,102-60 TJIRU 102-7G PAYABLE INCIDENTAL TO THE 102-1 LUMP SUM ITEM AS REWIRED PER THE PLANS AND APPLICABLE REFERENCED STANDARDS FOR A FUNCTIONAL WORK ZONE FOR EACH MOT PHASE AS APPLICABLE. 120-1 INCLUDES HAUL OFF OR MIXING ARID PROCESSING OF UNSUITABLE MATERIAL 120-6 ASSUMES MATERIAL EXCAVATED ON SITE IS NOT SUITABLE AND ALL FILL MATERIAL MUST BE BROUGI IT IN FOR EMBANKMENT 751-30.12 SP ALL ITEMS ASSOCIATED WITH CAT SHELTER DETAIL SHALL BE PAYED AS A LUMP SUMP UNDER ITS RESPECTIVE LINE ITEM. 0000703.1 UTILITY ADJUSTMENT LUMP SUM INCLUDES ALL UTILITY ADJUSTMENTS AS NOTED ON THE PLANS.ALL UTILITY ADJUSTMENTS MUST BE COORDINATED WITH THE UTILITY OWNER PRIOR TO CONSTRUCTION.PAY ITEM ALSO INCLUDES COORDINATION AND INSTALLATION CF CONDUIT AND CONCRETE PADS FOR THE BURIED LINE ATTHOMASSOII AND BAYSIIORE. ADDITIONAL INFORMATION TO BE PROVIDED BY THE COUNTY. 0000300-1 ALL EXISTING LAWNS ADJACENT TO RESIDENTIAL LOTS SHALL BE RESTORED WITH SOD IN KIND.THE LUMP SUM INCLUDES ALL BASE AND PREP WORK ASSOCIATED.EXISTING CONDITIONS PHOTOS WILL BETAKEN BY CONTRACTOR AND CATALOGUED USING THE ADDRESS OF THE HOME.ALL RESTORATION SHALL BE SUBJECT TO FINAL SIGN OFF BY CEI WHO WILL BE WORKING WITH THE HOMEOWNER. 0000300-2 ALL EXISTING LAWNS SHALL BE RESTORED WITH SOD IN KIND.THE LUMP SUM INCLUDES ALL CASE AND PREP WORK ASSOCIATED.EXISTING CONDITIONS PHOTOS V/ILL BE TAKEN BY CONTRACTOR AND CATALOGUED USING TIIE ADDRESS OF THE HOME.LUMP SUM ALSO INCLUDES REPAIRS TO ANY PRIVATE IRRIGATION DAMAGED DURING CONSTRUCTION.THIS ITEM DOES NOT INCLUDE RESTORING ENHANCED LANDSCAPING.CONTRACTOR IS RESPONSIBLE FOR COORDINATING WITH CEI TO ENSURE THE OWNER HAS AMPLE TIME TO REMOVE LANDSCAPE MATERIAL PRIOR TO CONSTRUCTION.ALL RESTORATION SHALL BE SUBJECT TO FINAL SIGN OFF BY CEI WHO WILL BE WORKING WITH THE HOMEOWNER. 630-2-11 ALL UNDERGROUND AND UNDER PAVEMENT CONDUIT SHALL BE SCHEDULE 40 PVC.THE CONDUIT SIZE SHALL BE AS SPECIFIED IN THE COLLIER COUNTY SIGNALIZATION TECHNICAL SPECIAL PROVISIONS DATED MAY,2015.LENGTHS AS SHOWN IN THE PLANS. 63S-2-11 PULL&SPLICE BOXES WILL BE PER COLDER COUNTY SIGNAUZAT ION TECHNICAL SPECIAL PROVISIONS DATED MAY,201S.)TSP-23).THE COST OF THE CONCRETE APRON AROUND THE PULL BOX SHALL BE INCLUDED UNDER THE PULL BOX PAY ITEM. 7154.11 SP PROVIDE MID INSTALLTWO ISAMP GFCI WR RECEPTACLE AND COVER MOUNTED AT 32'-RAND ONE MOUNTED 3'.0 ABOVE FINISHED GRADE ON UGHT POLE PROVIDED AND INSTALLED UNDER PAY ITEM 714.4.11.PROVIDE AND INSTALL 2 MMP AND INLINE FUSE IN LIGHT POLE HAND HOLE ON HOT WIRE AHEAD OF RECEPTACLE. 715-1-12 SP PROVIDE AND INSTALL 3-16 ADDITIONAL CONDUCTORS FOR RECEPTACLE ORCUITSIN CONDUITS PROVIDED UNDER PAY ITEMS 630-2.11 AND 6362-12. 715-7-12 SP PROVIDE AND INSTALLS-20 AMP,2 POLE BREAKER AND MARE CONNNECTION TO ADDITIONAL CONDUCTORS IN LOAD CENTER.NEW CIRCUITSTO BE SWITCHED WITH TIIE LIGHTING CIRCUITS. ALTERNATE 1 PAY ITEM DESCRIPTION UNIT I QUANTITY UNIT COSTS COSTS GENERAL 101-1 MOBILIZATION LS 1 $120,440.28 $120,440.28 101-1-1 PROVIDE/MAINTAIN SIGNED ANDSEALED"AS BUILT"PLAN LS 1 $6,100.00 $6,100.00 101-1-2 PROVIDE CONSTRUCTION SURVEYING AND LAYOUT LS 1 $20,550.00 $20,550.00 101-1-3 PROVIDE/MAINTAIN PROJECT SCHEDULE LS 1 $200.00 $200.00 101-1-4 PRESERVATION OF SURVEY MONUMENTS LS 1 5850.00 $850.00 102-1 MAINTENANCE OF TRAFFIC LS 1 $6,551.12 $6,551.12 102-3 COMMERCIAL MATERIAL FOR DRIVEWAY MAINTENANCE CY 300 $26.96 $8,088.00 GENERAL SUB-TOTAL= $162,779.40 DEMOLITION 110.1-1 •CLEARING AND GRUBBING AC 4.85 $12,546.57 $60,850.86 110-4-10 REMOVAL OF CONCRETE PAVEMENT SY 1354 $18.09 $24,493.86 110.4-101 REMOVAL OF EXISTING DRAINAGE STRUCTURES EA 11 $495.61 $5,451.71 _110.4.102 REMOVAL OF EXISTING DRAINAGE PIPE DISPOSE OF OFFSITE) IF 300 514.21 $4,263.00 DEMOLITION SUB-TOTAL= $95,059.43 EROSION&SEDIMENT CONTROL 104-10-3 SILT FENCE LF 5200 $0.75 $3,900.00 104-18 INLET PROTECTION SYSTEM EA 11 $93.00 $1,043.00 107-1 LITTER REMOVAL AC 6.24 $50.00 $312.00 107-2 MOWING AC _ 6.24 $53.00 $312.00 EROSION&SEDIMENT CONTROL SUBTOTAL= $5,969.00 EARTHWORK 1204 REGULAR EXCAVATION CY 1645 $15.71 $25,842.95 120.6 EMBANKMENT CY 1425 $26.52 $37,791.00 570-1-2 PERFORMANCE TURF SODDING SY 4400 $2.11 $9,284.00 EARTHWORK SUB-TOTAL= $72,917.95 DRAINAGE 425-1201 FDOT TYPE 9 INLET ' EA 1 $3,459.06 $3,459.06 425-3-061 FDOT TYPE"C"W/MH TYPE 7 COVER,1B 72"X72" EA 1 $5,017.43 $5,017.43 425-3-041 FDOT TYPE"C"W/MH TYPE 7 COVER,1036"036" EA 2 $3,624.45 $7,248.90 425-1521 FDOT TYPE"C"INLET EA 4 $2,135.05 $8,540.20 425-1551 FOOT TYPE"E"INLET EA 2 $3,112.16 $6,224.32 430-174-115 PIPE CULVERT,OPTIONAL MATERIAL,ROUND,15"SD LF 84 $76.94 $6,462.96 430-174-118 PIPE CULVERT,OPTIONAL MATERIAL,ROUND,18"50 IF 13 $198.15 $2,575.95 430-174-124 PIPE CULVERT,OPTIONAL MATERIAL,ROUND,24"SD IF 49 $105.93 $5,190.57 430-175-11S PIPE CULVERT(RCP),OPTIONAL MATERIAL,ROUND,15"S CO LF 237 $58.42 $13,845.54 430-175-118 PIPE CULVERTIRCP),OPTIONAL MATERIAL,ROUND,18"S/CD IF 273 $60.42 $16,494.66 430.175.136 PIPE CULVERT(RCP),OPTIONAL MATERIAL,ROUND,36"S/CD IF 4 $564.32 $2,257.28 430-175-224 PIPE CULVERT(ERCP),OPTIONAL MATERIAL,ELLIPTICAL,19"X30" IF 21 $243.97 $5,123.37 430-984-123 MITERED END SECT,OPTIONAL RD,15"SD EA 8 $1,501.08 $12,008.64 430.984-129 MITERED END SECT,OPTIONAL RD,24"SD EA1 $1,671.99 $1,671.99 DRAINAGE SUB-TOTAL= $96,120.87 PAVEMENT 160-4 STABILIZATION TYPE B SY 4638 57.45 $34,553.10 235-709 OPTIONAL BASE GROUP 9,8.12.5 BLACK BASE SY 3709 $36.50 $135,378.50 327-70-1 MILLING EXISTING ASPHALT-1" SY 6735 $2.75 $18,521.25 334-1-12 SUPERPAVE ASPHALTIC CONE(RESURFACING),TRAFFIC8,SP-9.5(FRICTION COURSE) TN 284 $112.50 $31,950.00 334-1-12 SUPERPAVE ASPHALTIC CONE(OVERBUILD),TRAFFIC B,SP-12.5(STRUCTURAL COURSE) TN 331 $105.00 $34,755.00 334-1-12 SUPERPAVE ASPHALTIC CONC(OVERBUILD),TRAFFIC B,SP-9.5(FRICTION COURSE) TN 189 $105.00 $19,845.00 334-1-12 SUPERPAVE ASPHALTIC CONC(WIDENING),TRAFFIC B,SP-12.5(STRUCTURAL COURSE) TN 417 $105.00 $43,785.00 334-1-12 SUPERPAVE ASPHALTIC CONE(WIDENING),TRAFFIC B,SP-9.5(FRICTION COURSE) TN 208 5112.50 $23,403.00 520-1-10 CONCRETE CURB,MODIFIED TYPE F/TYPE F IF 190 515.30 $2,907.00 522-2 SIDEWALK AND DRIVEWAYS,6"THICK SY 1695 $35.75 $60,596.25 527-2 DETECTABLE WARNINGS SF 113 $23.00 $2,599.00 PAVEMENT SUB-TOTAL= $403,290.10 SIGNING AND PAVEMENT MARKINGS 700-1-11 SIGN SINGLE POST(LESS THAN 12 SF) AS 17 $275.00 $4,675.00 523-1-3 •PATTERNED PAVEMENT,VEHICULAR AREAS-GREEN BIKE LANE SY 533 $87.50 $46,637.50 706-3 RETRO REFLECTIVE PAVEMENT MARKERS EA 120 $3.50 $420.00 711-15-131 THERMOPLASTIC,STANDARD-OPEN GRADED ASPHALT SURFACES,WHITE,SKIP,6" GM 0.10 $1,600.00 $160.00 711-15-101 THERMOPLASTIC,STANDARD-OPEN GRADED ASPHALT SURFACES WHITE,SOLID,6" GM 0.90 $4,200.00 $3,780.00 ( 711-11-123 ,THERMOPLASTIC,STANDARD,WHITE,SOLID,12" IF 270 $3.00 $810.00 711-11-125 THERMOPLASTIC,STANDARD,WHITE,SOLID,24" LF 82 $5.00 - $410.00 711-15-201 THERMOPLASTIC,STANDARD OP,YELLOW,SOLID,6" GM 1 $4,200.00 $3,780.00 711-14-170 THERMOPLASTIC,PREFORMED,WHITE,ARROW EA 20 $125.00 `'$2,500.00 41:) . 711-11-160 jTHERMOPIASTIC,STANDARD,WHITE,MESSAGE OR SYMBOL I EA I 181 $110.00 I $2,700.00 SIGNING AND PAVEMENT MARKINGS SOD-TOTAl= $65,872.50 CA LIGHTING 630-2-11 Conduit(Furnish and Install)(Open Trench) IF 2285 $5.25 $12,001.50 630-2-12 Conduit(Furnish and install)(Directional Bore) IF 204 $14.00 $2,856.00 635-2-11 Pull and Splice Box(Furnish and Install) EA 7 $320.00 $2,240.00 715-1-12 Lighting Conductor(Furnish and Install)Insulated No.8.6 IF 7470 $1.10 $8,217.00 715-4-11 Light Pole Complete,(Furnish and install) EA 21 $5,785.00 $121,485.00 715.441-SP Light Pole Receptacle(One High and One Low Mount) EA 21 $480.00 $10,060.00 715-4-11-SP Additional Lighting Conductors IF 7470 $0.55 $4,108.50 715-4-11-SP Load Center Modification(Per Circuit Run) _ EA 1 $100.00 $100.00 LIGHTING SUB-TOTAL= $161,088.00 LANDSCAPING 110-1-1 CLEARING AND GRUBBING(SPECIAL) SY 86 $3.70 $318.20 580-1-1 LANDSCAPE COMPLETE-SMALL PLANTS(SEE QUANTITY SCHEDULE FOR BREAKDOWN) LS 1 $1,930.00 $1,930.00 500-1-2 LANDSCAPE COMPLETE-LARGE PLANTS(SEE QUANTITY SCHEDULE FOR BREAKDOWN) LS I 1 $30,560.00 $30,560.00 580-1-2(A) LANDSCAPE COMPLETE-LARGE PLANTS-ROOT BARRIER I EA 37 $118.00 $4,366.03 LANDSCAPING SUB-TOTAL= $37,174.20 IRRIGATION 590-70 IRRIGATION SYSTEM(SEE QUANTITY SCHEDULE FOR BREAKDOWN) LS 1 $41,357.00 $41,357.00 630-242 DIRECTIONAL BORE(LESS THAN 6 IN.HOPE) LF 90 $36.00 $3,240.00 630-2-12 DIRECTIONAL BORE(LESS THAN 6 IN.PVC) LF 90 $32.00 $2,880.00 635-2-11 ELECTRICAL PULL&SPLICE BOX EA 6 $483.00` $2,898.00 IRRIGATION SUB-TOTAL= $50,375.00 OTHER 0000700-1 UTILITY ADJUSTMENTS 1.5 1 $12,912.94 $12,912.99 0000300-1 RESTORATION OF EXISTING DRIVEWAYS IN KIND L5 1 $4,737.00 $4,737.00 0000300-2 RESTORATION OF EXISTING LAWNS ADJACENT TO RESIDENCES LS 1 $3,100.50 $3,100.50 WM-1 BY MSTU/COUNTY-CITY OF NAPLES POTABLE WATER METERS INSTALLATION FEES(13") EA 1 $2,000.00 $2,000.00 WMR-1 BYMSTU COUNTY-POTABLE WATER BACKFLOWS DEVICE INSTALLATION(1.5" EA 1 $2,500.00 $2,500.00 -" � OTHER SUB-TOTAL= $25,250.44 ALTERNATE 1 CONSTRUCTION COST D.SUB TOTAL $1,180,496.89 E.ALLOWANCE 10%(D x 0.10) $118,049.69 F.TOTAL WITH ALLOWANCE(D+E) I $1,298,546.56 Notes: 104-10-3 BASED ON REPLACEMENT EVERY 12 MONTHS 570-1-2 INCLUDES WATERING AND FERTILIZER APPUCATTONFOR A MINIMUM OF 3 MONTHS WITH ONE HOUR 3 TIMES PER WEEK UNTIL SOD ESTABLISHMENT.ALL SOD REPLACED ADJACENT TO PRIVATE RESIDENCES SHALL BE REPLACED IN KIND. 110-1-1 INCLUDES REMOVAL AND SALVAGING OF EXISTING POWER POLES.DEUVER TO LOCATION AS DETERMINED BY THE COUNTY. 102-1 THE MAINTENANCE OF TRAFFIC PLAN SHALL BE PAYABLE AS A LUMP SUM ITEM AND IS INTENDED TO INCLUDE ITEMS 102-2,102-3,102-60 TFIRU 102-76 PAYABLE INCIDENTALTO THE 102-1 LUMP SUM ITEM AS REQUIRED PER THE PLANS AND APPLICABLE REFERENCED STANDARDS FOR A FUNCTIONAL WORK ZONE FOR EACH MOT PHASE AS APPLICABLE. 120.1 INCLUDES HAUL OFF OR MIXING AND PROCESSING OF UNSUITABLE MATERIAL el 120-6 ASSUMES MATERIAL EXCAVATED ON SITE IS NOT SUITABLE AND ALL FILL MATERIAL MUST BE BROUGHT Ill FOR EMBANKMENT 751-35-12 SP ALL ITEMS ASSOCIATED WMI CAT SHELTER DETAIL SHALL BE PAYED ASA LUMP SUMP UNDER ITS RESPECTIVE UNE ITEM. UTIUTY ADJUSTMENT LUMP SUM INCLUDES ALL UTILITY ADJUSTMENTS AS NOTED ON THE PLANS.All UTILITY ADJUSTMENTS MUST BE COORDINATED WITH THE UTILITY OWNER PRIOR 00007001 TO CONSTRUCTION. ALL EXISTING DRIVEWAYS SHALL BE RESTORED IN KIND.TME LUMP SUM INCLUDES ALL BASE AND PREP WORK ASSOCIATED.EXISTING CONDITIONS PHOTOS WILL BETAKEN BY 0000300-1 CONTRACTOR AND CATALOGUED USING TTIE ADDRESS OF THE HOME.ALL RESTORATION SHALL BE SUBJECT TO FINAL SIGN OFF BY CEI WHO WILL BE WORKING%VITFT THE HOMEOWNER. ALL EXISTING LAWNS ADJACENT TO RESIDENTIAL LOTS SHALL BE RESTORED WITH SOD IN KIND.TI IE LUMP SUM INCLUDES ALL BASE AND PREP WORK ASSOCIATED.EXISTING E CONDITIONS PHOTOS WILL OE TAKEN BY CONTRACTOR AND CATALOGUED USING TIIE ADDRESS OF THE HOME.LUMP SUM ALSO INCLUDES REPAIRS TO ANY PRIVATE IRRIGATION 0000300.2 DAMAGED DURING CONSTRUCTION.THIS ITEM DOES NOT INCLUDE RESTORING ENHANCED LANDSCAPING.CONTRACTOR IS RESPONSIBLE FOR COORDINATING WITH CEI TO ENSURE TIIE OWNER HAS AMPLE TIME TO REMOVE LANDSCAPE MATERIAL PRIOR TO CONSTRUCTION.ALL RESTORATION SHALL BE SUBI ER TO FINAL SIGN OFF BY CEI WIRT WILL BE WORKING WITH THE HOMEOWNER. ALL UNDERGROUND AND UNDER PAVEMENT CONDUIT SHALL BE SCHEDULE 40 PVC.THE CONDUIT SI2E SHALL BE AS SPECIFIED IN THE COLLIER COUNTY SIGNALIZATION TECHNICAL 530-2-11 SPECIAL PROVISIONS DATED MAY,2015.LENGTHS AS SHOWN IN THE PLANS. PULL a SPLICE BOXES WILL BE PER COLLIER COUNTY SIGNALIZATION TECHNICAL SPECIAL PROVISIONS DATED MAY,2015.(FSP-23).THE COST OF THE CONCRETE APRON AROUND THE 635-2-11 PULL BOX SHALL BE INCLUDED UNDER THE PULL BOX PAY ITEM. PROVIDE AND INSTALL TWO SSASIP GEC'WR RECEPTACLE AND COVER MOUNTED AT 12'-9'AND ONE MOUNTED 3'-0'ABOVE FINISHED GRADE ON UGHT POLE PROVIDED AND 715-4-11 SP INSTALLED UNDER PAY ITEM 714.4-11.PROVIDE AND INSTALL 2 AMP AND INLINE FUSE IN LIGHT POLE HAND HOLE ON HOT WIRE AHEAD OF RECEPTACLE. 715-1-12 SP PROVIDE AND INSTALL 3116 ADDITIONAL CONDUCTORS FOR RECEPTACLE CIRCUITSIN CONDUITS PROVIDED UNDER PAY ITEMS 6302-11 AND 630-2-12. I'. 3 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) II[�. 9 Construction Services Agreement:Revised 072118 CA Email: Sue.Zimmermanna..colliercountygov.net r COL ter County Telephone: 239-252-8034 Administrative Services Department Procurement Services Division ADDENDUM # 1 Memorandum Date: December 2, 2019 From: Sue Zimmerman, Procurement Strategist To: Interested Parties Subject: Addendum #1 —20-7684—THOMASSON DRIVE BEAUTIFICATION PROJECT This addendum has been issued for the following item(s) identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Correction to Solicitation Document o 20-7684 - Addendum#1 —Pre-Bid Meeting Minutes & Sign-in Sheets. CC: Tami Scott, Project Manager Please acknowle e receipt of this Addendum and include with your bid. /21//q/i (Signature) Date PoAisTRue_77D J GR.00iu /AIL, (Name of Firm) r If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. li i I I� I F • Email: Sue.Zimmerman a(�colliercountyclov.net co ier COvuvity Telephone: 239-252-8034 Administrative Services Department Procurement Services Division ADDENDUM#2 Memorandum Date: December 6, 2019 From: Sue Zimmerman, Procurement Strategist To: Interested Parties Subject: Addendum#2—#20-7684—THOMASSON DRIVE BEAUTIFICATION PROJECT This addendum has been issued for the following item(s) identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Correction: o #20-7684 - Addendum#2— ■ Deletion of 20-7684 — Thomasson Drive Beautification Project - QUANTITY Schedule. ■ Addition of#20-7684 -Addendum#2 - QUANTITY Schedule 12-2-19 The revised Quantity Schedule issued herein is for reference only relating to the Landscape and Irrigation plans. All Landscaping and Irrigation Items shall be included on the appropriate line items as indicated on the Bid Schedule and based on the QUANTITY Schedule 12-2-19 provided herein. (Reference Bid Schedule Pay Items: Base Bid 580-1-1, 580-1-2 and 590-70; and Alternate 1 Bid 580-1-1, 580-1-2 and 590-70.) CC: Tami Scott, Project Manager Please acknowled::. receipt of this Addendum and include with your bid. d/ /;//9//9 (Signature) Date Gt)iQi N% 11,0 0_7-10tH 12OGt lir l t1�L' (Name of Firm) If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. l i CAU ?� Email: Sue.Zimmerman c(Dcolliercountygov.net Co'.tier COu'1✓ity Telephone: 239-252-8034 Administrative Services Department Procurement Services Division ADDENDUM#3 Memorandum Date: December 12,2019 From: Sue Zimmerman,Procurement Strategist To: Interested Parties Subject: #20-7684—THOMASSON DRIVE BEAUTIFICATION PROJECT—ADDENDUM#3 This addendum has been issued for the following item(s)identifying clarifications,changes,deletions,or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Additions and Deletions: A. (i)Deletion of 20-7684—Thomasson Dr Beautification Bid Schedule. (ii)Addition of#20-7684-Addendum#3—Thomasson Dr Beautification Bid Schedule 12-10-19 The revised Bid Schedule issued herein changes the Quantity for Pay Items:Base Bid 120-6;and Alternate 1 Bid 120-6. B. (i)Deletion of 20-7684—Exhibit M—1.0 BB-Thomasson Dr Construction Plans—11-11-2019 Base Bid Set. (ii)Addition of#20-7684-Addendum#3—Exhibit M— 1.0 BB-Thomasson Dr Construction Plans— 12-10-19 (iii)Deletion of 20-7684—Exhibit M—2.0 Add Alt.—Hamilton Ave Construction Plans— 11-11-2019 Alt 1 SS Bid Set. (iv)Addition of#20-7684-Addendum#3—Exhibit M—2.0 Add Alt.—Hamilton Ave Construction Plans— 12-10-19 The revised Exhibit M— 1.0 BB Construction Plans and Exhibit M—2.0 Add Alt.—Hamilton Ave Construction Plans herein change the quantity for Base Bid 120-6; and Alternate 1 Bid 120-6,and is provided in further response to Question 5. C. Addition of#20-7684—Exhibit L—CAT Bus Shelter detail. Extension: The Bid Due Date is hereby extended to Thursday December 19,2019 at 3:00 p.m. CC: Tami Scott,Project Manager Please acknowledge •• eipt + this Addendum and include with your bid. 11 M//9 /9 (Signature) Date L4 JICa/f7 CTSTt CVOA) CRouyo r /AM, (Name of Finn) If you require additional information,please post a question on BidSync on-line or contact me using the above contact information. FORM 1-BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Thomasson Drive Beautification Project BID NO.20-7684 Full Name of Bidder Wright Construction Group, Inc. Main Business Address 5811 Youngquist Road, Fort Myers FL 33912 Place of Business 5811 Youngquist Road, Fort Myers FL 33912 239-481-5000 239-481-2448 Telephone No. Fax No. State Contractor's License# CGC-053444 State of Florida Certificate of Authority Document Number P05000013433 Federal Tax Identification Number 20-2246559 873118199 3EBF8 3EBF8 DUNS# CCR# Cage Code I To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA (hereinafter called the Owner) The undersigned,as Bidder declares that the only person or parties interested in this Bid as principals are those named herein,that this Bid is submitted without collusion with any other person, firm or corporation;that it has carefully examined the location of the proposed Work,the proposed form of Agreement and all other Contract Documents and Bonds,and the Contract Drawings and Specifications. t Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding . Documents,to provide all necessary machinery, tools, apparatus and other means of construction, including utility • ,: and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of , [ the Owner as therein set forth,furnish the Contractor's Bonds and Insurance specified in the General Conditions of 1 the Contract,and to do all other things required of the Contractor by the Contract Documents,and that it will take full 1 payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points,and in the case where further decimal points r are inadvertently provided,rounding to two decimal points will be conducted by Procurement Services Division staff. r. F t F i. , 1 0.0 t � 1 FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Thomasson Drive Beautification Project Bid No.20-7684 Name Personnel Category Garnet McCurdy Construction Superintendent Matthew Distel Project Manager C I lY' t ys C FORM 3-MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications,including compliance with Florida Statute 255.20 to provide lumber,timber and other forest products produced and manufactured in the State of Florida as long as the price,fitness and quality are equal. Exceptions(when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager,Bidder shall furnish the manufacturer named in the specification.Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section AOR B. Section A(Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm,I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Wright Const +n G • luc. Signature: Date: 12/19/19 Section B(Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: - Signature: Date ii 0 • FORM 4-LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are"qualified"(as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders)and meet all legal requirements applicable to and necessitated by the Contract Documents,including,but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer.Further,the Owner may direct the Successful Bidder to remove/replace any Subcontractor,at no additional cost to Owner,which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner.(Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents,the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical Bentley Electric 4406 Enterprise Ave, Naples FL 34104 2. Mechanical N/A 3. Plumbing N/A 4. Site Work KBJ Development 15899 Brothers Court, Ft. Myers FL 33912 5. Identify other subcontractors Ajax Paving, One Ajax Drive, North Venice, FL 34275 that represent more than 10% of price or that affect the critical path of the schedule Company: Wright Constr et')n sup, c. Signature: Date: � 12/19/19 is ?' CAO 4 FORM 5-STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five(5)years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. Downtown Improvements City of Bonita Springs (project name) (project owner) Old U.S.41 &Felts Street 9101 Bonita Beach Rd.,Bonita Springs FL 34135 (project location) (Owner's address) Roadwork,Drainage,Landscape Matt Feeney Pub.Works Director (project description) (Owner's contact person) (title) 8/31/15-8/31/17 $17,386,181 239-949-6246 matt.feeney@cityofbonitasprings.org (project start/completion dates) (contract value) (phone) (email) 2. McGregor Blvd.Pavement Reconstruction City of Fort Myers (project name) (project owner) McGregor Blvd.from Colonial to Poinciana Ave 2200 Second Street,Fort Myers FL 33901 (project location) (Owner's address) Drainage,Roadwork,Landscape Nicole Monahan P.E. (project description) (Owner's contact person) (title) Feb'17-May 2018 $5,432,873 239-321-7445 nmonahan@cityftmyers.com (project start/completion dates) (contract value) (phone) (email) 3. Terminal Access/Skyplex Blvd Lee County Port Authority (project name) (project owner) 11000 Terminal Access Road 11000 Terminal Access Rd.,Ft Myers FL 33913 (project location) (Owner's address) Resurface Roadway,Add Lanes,Landscaping Scott Shedek P.E. (project description) (Owner's contact person) (title) Sept'15-May'17 $4,690,010 239-590-5826 scshedek@flylcpa.com (project start/completion dates) (contract value) (phone) (email) t I FORM 5-STATEMENT OF EXPERIENCE OF BIDDER • 4' Burnt Store Road Widening-Middle Segment Lee County BOCC (project name) (project owner) Burnt Store Rd.,N.of Pine Island Rd. 1500 Monroe Street,Ft.Myers FL 33901 (project location) (Owner's address) I Build Divided Highway,Bridgework,Lighting Vince Miller Project Supervisor (project description) (Owner's contact person) (title) June 2018-Current $6,742,595 239-533-8577 vmiller@leegov.com (project completion date) (contract value) (phone) (email) 5. Piper Road N.Extension Charlotte County (project name) (project owner) Piper Rd.from U.S.17 South to Henry Street 18500 Murdock Circle,Port Charlotte FL 33948 (project location) (Owner's address) Divided Hwy Construction,Drainage,Lighting Lindsey Johnson Project Manager (project description) (Owner's contact person) (title) Sept'17-Feb'19 $7,949,709 941-575-3639 lindsey.Johnson@charlottecountyfl.gov (project completion date) (contract value) (phone) (email) 6• P Cityof Naples,FL Third Avenue South (project name) (project owner) Intersection of Third Ave.and Tenth Street 735 8th Street South (project location) (Owner's address) Road Resurface,Drainage,Streetscape Greg Strakaluse Project Manager (project description) (Owner's contact person) (title) July'17-November'17 $1,059,655 239-213-5000 gstrakaluse@naplesgov.com (project completion date) (contract value) (phone) (email) Wrightins cti•�Grous Inc. Company: �� 12/19/18 Signature: Date: ij I 3 FORM 6-TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act(90-96,Laws of Florida)effective October 1,1990.The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure JQuantity) Cost (Description) (LF,SY) 1 Simple Slope LF 1,000 $2.00 $2,000.00 2. 3. 4. 5. TOTAL$2,000.00 Failure to complete the above may result in the Bid being declared non-responsive. Wright Constru •n ro • c. Company: 12/19/19 Signature: /e/ -• Date: • • S • . . . : . ....: ...... ...• .... .. . - . ... s' -.• ., .,:.... .. :..:'..:. ..::;'.',..s... : , ]D BOND.::.::;:';:`;:;,:,:.:.;.:_:.;.:'ft•.•. _;';:. '::::: ::.. :...`°: ;' .'.. ........ KNOW ALL MEN BY THESE PRESENTS, that we Wright Construction Group, Inc. (herein after called the Principal) and Western Surety Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of South Dakota with its principal offices in the city of Chicago, IL and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Board of County Commissioners (hereinafter called the Owner), in the full and just sum of Five Percent of Amount Bid dollars($ 5% )good and lawful money of the United States of America,to be paid upon demand of the Owner,to which payment well and truly to be made,the Principal and the Surety bind themselves,their heirs,and executors,administrators,and assigns,jointly and severally and firmly by these presents. Whereas,the Principal is about to submit,or has submitted to the Owner,a Bid for furnishing all labor,materials,equipment and incidentals necessary to furnish,install,and fully complete the Work on the Project known as Bid No.20-7684 Thomasson Drive Beautification Project. NOW,THEREFORE,if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid,and give suck bond or bonds in an amount of 100%the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or,in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE,(be.fixe4 sum of $Five Percent of Amount B'floted above as liquidated damages,and not as a penalty,as provided in the Bidding Documepts,then.tbip,obligation shall be null and void,otherwise to remain in full force and effect. = . j'• •;',..:.% ;',.. . ! IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed au@ valed,t1,1V1':7th.`sda�y'of- December ,20 19 =0 Wri•ht Construction Gr elnal& i" ' �_ -.:.>Principal / BY `I '��gni)�! ••;� Weste S r ty Company l,�"r" s0 �j'/., Surety got'' ..'b __. -"....,„_�°° i'. .F',. (Seal), Kevin R.Wojtowicz,Attorney-in-Fact&Florida Licensed Agent ti ;';'• Countersigned N/A - ' -, Y Appointed Producing Agent for N/A • ;,-... .:,.. .• ... ,r° J '�, `; i 't ,, •v •-' r't `�'.• Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement'fontt httaelf :R01(m��1iddjtug.: . Documents within ten(10)calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as•teeyired by the ContS ct- Documents.The bid security attached is to become the property of the Owner in the event the Agreement,''Instiraneeleriitteate8 amid Bonds are not executed and delivered to Owner within the time above set forth,as liquidated damages,fortlie.May.41f1,ttdditional expense to the Owmier,it being recognized that,since time Is of the essence,Owner will suffer financial loss if t1io:SiibcessfidB'dder.'.' fails to execute and deliver to Owner the required Agreement,Insurance Certificates and Bonds within the required time pi riod j 'In the event of such failure,the total amount of Owner's damages,will be difficult,if not impossible,to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement,Insurance Certificates,and Bonds as required hereunder.The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, ' which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement,Insurance Certificates,and Bonds in a timely manner. ii CNO Western Surety Company POWER OE ATTORNEY APPOINTING INDIVIDUAL,ATTORNEY-IN-FACT Know All Men 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 State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint • John R Neu, Laura D Mosholder, Charles J Nielson, D A Bells, Charles D Nielson, David R Hoover,Daniel F Oaks,Brett M Rosenhaus,Kevin R Wojtowicz, Individually of Miami Lakes,FL,its 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 of said Attorney,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 the 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 16th day of April,2018. r WESTERN SURETY COMPANY 'S�Q ti tq�0, 741:71.1.":"; �iq WE'AV 147 44Ft ri aul T.Bruflat,Vice President Slate of South Dakota ss County of Minnehaha On this 16th day of April,2018,before me personally came Paul T.Bruflat,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 of said corporation. My commission expires J.MOHR June23,2021 Swim mala //7 JL�-/#1 /� ,./ ��LVL - J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed 17th December 2019 my name and affixed the seat of the said corporation this day of ,,s r o ryco WESTERN SURETY. „CAI ACI �Z1 p4o�tOAgt ErL,H µ 1 As is t Secreta ' Form F4280-7-2012 c) (I c; Go to www.cnasuretvcorn>Owner/Obligee Services>Validate Bond Coverage,If you want to verlW bond'9uthenticity3'i ; ' :;f I 11 Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five(5)calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager,in writing, subsequently notifies the Contractor of a modified (later) commencement date. Tire undersigned further agrees to substantially complete all work covered by this Bid within Three Hundred Thirty-Five(335)consecutive calendar days,computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Three Hundred Sixty-Five(365)consecutive calendar days after Substantial Completion,computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of Florida County of Lee George A. Powell s, , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them, George A. Powell ,also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid;that the statements contained herein are true and correct. (a)Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida ,which operates under the legal name of Wright Construction Group, Inc. ,and the full names of its officers are as follows: President Fred M. Edman Secretary Fred M. Edman Treasurer Mitchel Bueltel Manager N/A The Executive Vice President is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken Feb. 12,2018 ,a certified copy of which is hereto attached(strike out this last sentence if not applicable). (b)Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: N/A The co-partnership does business under the legal name of: II N/A (c)Individual The Bidder is an individual whose full name is ,and if operating under a trade name,said trade name is Complete for information contained in(a)Cor'por'ation,(b)Co-Partnership or(c)Individual from previous page. DATED Legal Entity BY: Witness Name of Bidder(Typed) Witness Signature Title STATE OF F1-0A1 t'A- COUNTY OF The foregoingi strument was acknowledged before me this I I day of E/t/ ? 20 /9 , by C;Eae.iE . /-OWa.L LSCG, as (1i01,.. MF5/&4JT of Ga4) /Fr / Jb7kiCT/vrtl ei/Gfxt,/4c, a Fl-VA/b4 corporation, on behalf of the corporation. He/she is personally known to me or has produced PEA.Co,YAW/ /GJ t.)WAJ c- 4,,',,as ide if c io�1Amd did(did not)take an oath. My Commission Expires: ) -i .40,1,1,Gam------ (Signature of Notary) 4 NAME: ,MAC, s VUA t-/-ACC (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public,State of FL)/t-/ .4 o Y Pvee, MARC S.WALLACE *j`j * MY COMMISSION H GG 022388 0,• '43' EXPIRES:August 17,2020 yj • 3. 'OFF�os�- Bonded TtwI tiotariS•Pikes • I. • CA ... . .::::FORM 8-INSURANCE AND BONDING REQUIREMENTS.:::; .:.'.:`.: `;``: _ The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project,if required,to the full insurable value of the scope of work, The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors,agents and employees of each and all of them,all damages covered by property insurance provided herein,except such rights as they may have to the proceeds of such insurance. The Vendor and County shall,where appropriate,require similar waivers of subrogation from the County's separate Vendors,Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County",or,the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County,Florida,as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners,OR,Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of Insurance must state the Contract Number, or Project Number,or specific Project description,or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office(ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage,Vendor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner,within twenty-four(24)hours after receipt,of any notices of expiration,cancellation,non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice.In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder,Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage required herein,the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages)and charge the Vendor for such coverage(s).purchased. If Vendor fails to reimburse the County for such costs within thirty(30)days after demand,the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor.The County shall be under no obligation to purchase such insurance,nor shall it be responsible for the coverages).purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage] shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work,the Vendor shall furnish to the County renewal or replacement Certificate(s)of Insurance not later than ten(10)calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s)shall be considered justification for ff the County to terminate any and all contracts. cO Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits I. ®Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption.An application for exemption can be obtained online athttps://apps.fldfs.com/bocexempt/ 2. ®Employer's Liability $1,000,000 single limit per occurrence 3. N Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence,$2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ®Indemnification To the maximum extent permitted by Florida law,the ContractorNendor shall defend, indemnify and hold harmless Collier County,its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence,recklessness, or intentionally wrongful conduct of the Contractor/Vendor or anyone employed or utilized by the 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 noted: 0 Watercraft $ Per Occurrence ❑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 t ❑Aircraft Liability coverage shall be carried in limits of not less than$5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑Pollution $ Per Occurrence ❑Professional Liability $ Per claim&in the aggregate ❑Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence ❑Cyber Liability $ Per Occurrence 0 Technology Errors&Omissions $ 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 CAO 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 contract Payment Bonds 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,alt as reported in the most current Best Key Rating Guide,published by A.M. Best Company,Inc.of 75 Fulton Street,New York,New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required.This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County. The Certificates of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates,the Certificate Holder must read: Collier County Board of Commissioners,3295 Tamiami Trail East, Naples,FL 34112 13. ® Thirty(30)Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary.Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 11/15/19-CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six(6)months from the date of award. Name of Finn Wright Constructs.• Grou., Inc. December 19,2019 Date Vendor Signature George A. Powell Print Name • Assured Partners of Florida Insurance Agency Steve Bueltel 239-280-3610 Agent Name Telephone Number CAO collier County Administrative Services Department Procurement Services Division FORM 9-CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that,to the best of its knowledge and belief,the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules—The firm has not set the"ground rules"for affiliated past or current Collier County project identified above (e.g.,writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement)which appears to skew the competition in favor of my firm. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/past performance of itself or a competitor,which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information—The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor(or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit,the contractor/vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned project;and, 2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non-public(not in the"sunshine")conversation(s),rneeting(s),document(s)and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified,may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below,the firm(employees,officers and/or agents)certifies,and hereby discloses,that,to the best of their knowledge and belief,all relevant facts concerningpast,present,or currentlyplanned interest or activity(financial,contractual,organizational, or otherwise)which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Wright Construction Gr.•p In- Signature and Date: �; December 19,2019 Print Name: George A. Powell Title of Signatory: Executive Vice President 1110( collier County Administrative Services Department Procurement Services Division FORM 10-VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples,Florida 34112 Dear Commissioners: The undersigned,as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Vendor agrees,if this solicitation submittal is accepted,to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County,for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further,the vendor agrees that if awarded a contract for these goods and/or services,the vendor will not be eligible to compete,submit a proposal,be awarded,or perform as a sub-vendor for any future associated with work that is a result of this awarded contract. 19th December IN WITNESS WHEREOF,WE have hereunto subscribed our names on this day of ,20 in the County of Lee ,in the State of Florida Firm's Legal Name: Wright Construction Group, Inc. Address: 5811 Youngquist Road City,State,Zip Code: Fort Myers, FL 33912 Florida Certificate of P05000013433 Authority Document Number 20-2246559 Federal Tax Identification Number *CCR#or CAGE Code *Only if Grant Funded Telephone: 239-481-5000 Signature by: AliIIGeorge A. Powell (Typed and written) Title: Executive Vice President tF[[ Additional Contact Information Send payments to: (required if different from Company name used as payee above) Contact name: Title: Address: City,State,ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City,State,ZIP Telephone: Email: Secondary Contact for this Robbie Powell Solicitation: robbie.powell@wcgfl.com Email: Phone: 239-481-5000 x-110 collier County Administrative Services Department Procurement Services Division FORM 11-IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further,Vendors are required to enroll in the E-Verify program,and provide acceptable evidence of their enrollment,at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Vendor's proposal as non- responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C.Section 1324 a(e)Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable inunigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System(E-Verify),operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name Wright Construction Group, Inc. Print Name George A. Pow Title Exec.Vice President Signature Date December 19, 2019 State of Florida County of Lee The signee of these Affidavit guarantees,as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. )'li�lle, J A GG 022388 'G��{ (_ - CommissionNo.: `o1MY Puero MARC S.WALLACE ` MYCOMMISSIONS/GG022388 * * of EXPIRES:August 17,2020 IFOFFoSk". Bonded TWu Budget Wary SOM es { CACI Collier County PdrntnkVative Services Depamrmri FIO U.'mFM SerAc.n OM kn FORM 12-VENDOR SUBSTITUTE W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5)requires that the county notify you in writing of the reason for collecting this information,which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information(provide all information) Taxpayer Name Wright Canstnictinn Group, Inc (as shown on income tax return) Businessar e(r different. tin- payer t ayername) Address 54011 urt quts oadaCit}, Fort Myers State • Florida Zip 33912 Telephone 239-481-5000 Email andy.powell@wcgfl.com Order Information(Must be filled out) Remit/Payment Information(Must be filled out) Address 5811 Youngquist Road Address 5811 Youngquist Road City Ft.Myers State FL Zip 33912 City Ft. Myers State FL Zip 33912 Email andy.powell@wcgfl.com Email andy.powell@wcgfl.com 2. Company Status(check only one) • _Individual/Sole Proprietor Corporation Partnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC Enter the tax classification 501 (c)3) (D=Disregarded Entity, C=Corporation,P=Partnership) 3, Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 20-2246559 _(Vendors who do not have a TIN,will be required to provide a social security number prior to an award). 4. Sign and Date Form:Certification: Under penalties ofperjnry,I cer that t e in armalion shown on this orvr is correct to in knowled:e, Signature // Date December 19,2019 Title Phone Number Executive Vice President 239-481-5000 • L `` FORM 13-BIDDERS CHECKLIST IMPORTANT: Please read carefully,sign in the spaces Indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings,descriptive literature,etc.have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed in Bidsync: 1. Construction bid instructions form 2. Construction services agreement 3. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: ✓1. Bid Form(Form 1) ✓ 10. Vendor Declaration Statement(Form 10) '/2. Contractors Key Personnel(Form 2) ✓ 11. Inunigration Law Affidavit Certification V 3. Material Manufacturers(Form 3) (Form 11) V 4. List of Major Subcontractors(Form 4) ✓12. Vendor Substitute W-9(Form 12) V 5. Statement of Experience(Form 5) ✓ 13. Bidders Checklist(Form 13-this form) V 6. Trench Safety Act(Form 6) N/A 14. Business tax Receipt(Collier County ✓7. Bid Bond Form(Form 7) Businesses Only) ✓ 8. Insurance and Bonding Requirements(Form 8) 11V/4 15. Signed Grants Provisions Package(if V 9. Conflict of Interest Affidavit(Form 9) applicable 9. Copies of required information have been attached 1. Company's E-Verify profile page or memorandum of understanding 2. Certificate of Authority to Conduct Business in State of Florida 3. Any required professional licenses-valid and current (ie:General Contractors license,Underground Utility and Excavation,Builders, Trade Contractors,etc.,as applicable,requested and/or required.) 10. If required,the amount of Bid bond has been checked,and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time,otherwise the Bid cannot be considered. Wright Construction Group, Inc. Bidder st; Nan /f Exec.Vice Pres. 1211g 2019 Signature&Title Date 11)l'= k SIIIII (13 c � )0 p Z 0mom c a 5 o Lu LL.1 OC a-' wCL LLI LLI CD O o 1- D Q m Z = xr . D, o z ~ z cn I- 0 F- f1 r'yj ` ' p " LU ( z �� f QI 11E!-+1�1 ;}1fI �..,,,,,_ ,,, ` .. N o u 0 Q t {./7 - N' t1 1i!,r•E��1 8 +f ,� '46.7,`�i , M U >, ,� ui „,,,,sex„„; 5 l'J�J .c 13 LL '" 01. 1:7=111'':111'tN�I ( I(' , i'T �- t Q ._ cv • 1./Iv --- • -rt 1.1 I ; 1 ,,i0 . fit! `? `0, LL a 4, 0 c' ;' 1 1114,.,Z;11[8-0 ,1- ^' I1;Q t k� �. U >11 >, a) l- L L ( 1 ,40 i i l ,, I t/� "_� .de, _ �, l� , . 1 , ciLi 'd 1ti 1�1 ,I-- .► :W a' u o LL ' ` 1 t/) 1\ :u' 6-t I' P lz'-: • y.. ; .t�0 f amiiiilsi 0 a, ID c 0 Q` t w, ''� fes.. _ 1(► i . at = t'. v' F 11I ' r>iii Q •4 l�li l �' ' c I c VI 0 w (1 1Q lir C) ,at.p,, v i,rZ 14 �,t" V) y_ ' ~!(�Q; d : ct, .LLA! a� Cti L- Q W`I- Z Y�+ Y 111{` �Tr±`z_w;ei ^ . `e* - i(r�l v,' -0 a) O X20 �(� I II I I ISI'„ + '� �a 4' C O +F•� e.1f It ! r? ,•o r, •' J '% O to pQ F;, u aux off. r, a o c co I -1-J IF— LJJ o Z V) w O _ Q w w LV Z w rt 02 W 0 i.. V Z m ~ 1- 0 o Q N V `n a s F V LV 1- 4 120 , (4 , , -:,.), ?..1, --.: 10 _,,.. , .. r. IF s 0 5811 Youngauist Road WCG C ! Fort Myers,PL 33912 vtacHrri The'?I'rlghl"Choice (.139)431-5000 Phone Since Mr, (239)481-2448 Fox CONSTRUCTION GROUP CGC-053944 Corporate Resolution I,the undersigned Secretary of Wright Construction Group,Inc.,do hereby certify that at a meeting of the Board of Directors of said Corporation,duly held on the 12i11 of February,2018,a quorum being present, the following resolution was adopted and that the said resolution has been entered upon the regular minute book of said corporation,is in accordance with the Bylaws,and is now in full force and effect,to wit: RESOLVED,that it is in the best interest of the corporation to execute a Contract upon such terms and conditions as the officers of the corporation deem appropriate. RESOLVED,that G.Andy Powell,as Executive Vice President and Mitch Bueltel,Treasurer,of the corporation, are hereby authorized,empowered and directed to execute all documents necessary to accomplish said Contract and to submit a bid/proposal for the same,including but not limited to,the execution of any bid forms. IN WITNESS WHEREOF,I have hereunto subscribed my name,as Secretary,and affixed the seal of said corporation,this 12th of February,2018. it ✓�' Fred M.Edman,Secretary Wright Construction Group,Inc. 5811 Youngquist Road Fort Myers,FL 33912 State of Incorporation: Florida pl l Ill ibp� 4 f� ` SEAL6.0 "` o to 2005 p ''nhn fill'an'•••,,` • State of Florida Department State of I certify from the records of this office that WRIGHT CONSTRUCTION GROUP, INC. is a corporation organized under the laws of the State of Florida, filed on January 26, 2005. The document number of this corporation is P05000013433. I further certify that said corporation has paid all fees due this office through December 31, 2019, that its most recent annual report/uniform business report was filed on January 3, 2019, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Third day of January,2019 • 161i4 04•JA ;l _� r zlS�.i_��rE • • �. �<.... Secretary of State Tracking Number:CC1128428434 To authenticate this certificnte,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertifcateOfStatus/CertificateAuthenticntion I' CAO FDOT Florida Department of Transportation RON DESANTIS 605 Suwannee Street KEVIN J.THIBAULT,Y.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY ILII 1 May 30, 2019 I � WRIGHT CONSTRUCTION GROUP, INC. 5811 YOUNGQUIST RD. FT. MYERS, FLORIDA 33912 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2020. However, the new application is due 4/30/2020. In accordance with 5.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: DRAINAGE, ELECTRICAL WORK, FLEXIBLE PAVING, GRADING, GUARDRAIL, HOT PLANT-MIXED BITUM. COURSES, INTERMEDIATE BRIDGES, MINOR BRIDGES, ROI MINOR BRIDGES, SIDEWALK, Underground Utilities (Water 4 Sewer) You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.), by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. Aftk:79/0 Sincerely, Alan Autry, M-nager Contracts ministration Office AA:cj www.fclot.gov 4110( 6 216.030.118 EQUAL OPPORTUNITY OFFICE 12112 Pogo i o(2 Wright Construction Group,Inc. hereafter referred to as"the Company"or"this Company"has adopted this policy and plan. Date: 2120/2016 By: /'-' 7 Signature Corporate FEID No.: 20-2246669 Fred Edman,President Printed name&title DISADVANTAGED BUSINESS ENTERPRISE(`DBE')AFFIRMATIVE ACTION PLAN POLICY STATEMENT It is the policy of this Company that disadvantaged businesses, as defined by 49 CFR Part 26, Subpart D and Implemented under Rule Chapter 14-78, F.A.C., shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department of Transportation(FOOT). The requirements of Rule Chapter 14-78, F.A.C., shall apply to all contracts entered Into between FOOT and the Company.Subcontractors and/or suppliers to the Company will also be bound by the requirements of Rule Chapter 14-78 F.A.C. and its subcontractors shall take all necessary and reasonable steps in accordance with Chapter 14-78, F.A.C., to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with FOOT. The Company and Its subcontractors shall not discriminate on the basis of race, color, religion, national origin, disability, sex, or age In the administration of contracts with FDOT. The Company has designated and appointed a Liaison Officer to develop, maintain,and monitor the DBE Affirmative Action Plan Implementation.The Liaison Officer will be responsible for disseminating this policy statement throughout the Company and to disadvantaged controlled businesses.This statement Is posted on notice boards of the Company. I. DESIGNATION OF LIAISON OFFICER The Company will aggressively recruit disadvantaged businesses as subcontractors and suppliers for all contracts with l FOOT.The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance p Y PP with the requirements of Rule Chapter 14-78, F.A.C. The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specific duties: (1) The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all FOOT contracts; (2) The Liaison Officer will submit all records,reports,and documents required by FOOT,and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of FDOT. The following individual has been designated Liaison Officer with responsibility for Implementing the Company's affirmative action program in accordance with the requirements of FOOT. DBE LIAISON OFFICER: NAME: Mitchel G.Bueltel TITLE: Treasurer EMAIL: mitchb@wrightg.com • ADDRESS: 6811 Youngquist Road,Fort Myers,FL 33912 i CIAO ( 275.03011a EQUAL.OPPORTUNITY OFFICE 12/12 • Page 2 012 If.--- AFFIRMATIVE ACTION METHODS.----- ----------------------- -- — In order to formulate a realistic Affirmative Action Plan, the Company has identified the following known barriers to participation by disadvantaged subcontractors,before describing its proposed affirmative action methods: 1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work; 2. Lack of certified disadvantaged subcontractors who seek to perform FOOT work; 3. Lack of Interest in performing on FDOT contracts; 4. Lack of response when requested to bid; 5. Limited knowledge of FOOT plans and specifications to prepare a responsible bid. in view of the barriers to disadvantaged businesses stated above, it shall be the policy of the Company to provide opportunity by utilizing the following affirmative action methods to ensure participation on the contracts with FOOT will: 1. Provide written notice to ail certified DBE subcontractors in the geographical area where the work Is to be subcontracted by the Company; 2. Advertise in minority focused media concerning subcontract opportunities with the Company; 3. Select portions of work to be performed by DBEs in order to increase the likelihood of meeting the state's goals(including,where appropriate,breaking down contracts Into economically feasible units to facilitate DBE participation); 4. Provide adequate Information about the plans, specifications, and requirements of the contract, notrejecting subcontractors without sound reasons based on a thorough Investigation of their capabilities; 6. Waive requirements of performance bonds where it is practical to do so; 6. Attend pre-bid meetings held by FDOT to apprise disadvantaged subcontractors of opportunities with the Company; 7. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the DBE company Is interested In the subcontract opportunity. 8. Utilize FDOT's DBE Supportive Services providers for assistance In identifying and notifying DBE's of contracting opportunities. The Company understands that this list of affirmative action methods Is not exhaustive and will Include additional approaches after having established familiarity with the disadvantaged subcontracting community and/ar determined the stated approaches to be ineffective. Ill.IMPLEMENTATION The Company will make every effort to 1. Meet state goals by utilizing its affirmative action methods. 2. Express good faith by seeking to utilize DBE subcontractors where work Is to be subcontracted. 3. Ensuring that contracted DBE's perform a commercially useful function as evidenced by their execution of a distinct element of work with its own workforce and the carrying out responsibilities by actually performing, managing and supervising the work involved. IV.REPORTING The Company shall keep and maintain such records as are necessary to determine the Company's compliance with its DBE Affirmative Action Plan.The Company will design Its record keeping system to indicate: 1. The number of DBE subcontractors and suppliers used by the Company, Identifying the Items of work, materials and services provided; 2. The efforts and progress being made In obtaining DBE subcontractors through local and community sources; 3. Documentation of all contracts,to Include correspondence, telephone calls, newspaper advertisements, etc., to obtain DBE participation on all FOOT projects; 4. The Company shall comply with FDOT's requirements regarding payments to subcontractors Including DBEs for each month(estimate period)In which the companies have worked. V,DBE DIRECTORY i! i { The Company will utilize the DBE Directory published by the FOOT. • • op Ii Er IE , IIIItl4 VeriFyt•:ntrr MS Company ID Number: 223421 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218. Employer Wright Construction Group, Inc. Mitchel Bueltel Hanle(Please Type or Print) Titl' Electronically Signed 06/19/2009 - Signature Datc, Department of Homeland Security—Verification Division USCIS Verification Division Name(Please Type or Print) Title Electronically Signed 06/19/2.009 Signature Date II. 44 Page 11 of 131E-Verify MOW for EmployerlRevision Date 10129108 SLC � I VernY tt 41 IlYYt L- tI(Y [5 A:L£/tc[fi 11-7i Company ID Number:223421 Information Required for the E-Verify Program Information relating to your Company: Company Name: Wright Construction Group,Inc. Company Facility Address: 5811 Youngqulst Road • Fort Myers,FL 33912 Company Alternate Address: County or Parish: LEE Employer Identification Number: 202246559 North American Industry • Classification Systems Code: 236 Parent Company: Number of Employees: 20 to 99 Number of Sites Verified for: 1 Are you verifying for more than 1 site?If yes, please provide the number of sites verified for in each State: • FLORIDA 1 site(s) Page 12 of t 3lE•Verify MOU for EmployeriRevision Date 10120!06 E-VerFy ."4.11111,- / -SiPlt Il A fiPVl;!i LT DM Company ID Number:223421 Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name: Mitchel G Bueltel Telephone Number: (239)481 -5000 Fax Number; (239)481 -2448 E-mail Address: mitchb@wrightconstructloncorp.com Name: Caroline A Ward Telephone Number: (239)481 -5000 Fax Number: (239)481 -2448 E-mail Address: carollne@wrIghtconstructioncorp.com G � i7 Page 13 of 131E-Verif''MOU for EmployerlRevision Date 10129108 , .' • 9 woe Cour suocoi 813 :i�� Local Business Tax Receipt Tax Co 1 tor 9la of flo``." AUG.t4819 Dear Business Owner: j . Your 2019-2020 Lee County Local Business Tax Receipt is attached below for account number 9802719. If there is a change in one of the following,refer to the instructions on the beck of this receipt, • • Business name • Ownership • Physical location • Business closed f ` This is not a bill.Detach the bottom portion and display in a public location, I hope you have a successful year. • Sincerely, Lee County Tax Collector • • 2019 -2020 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 9802719 Account Expires:September 30, 2020 State License Number: CGC053444 ljstare license has changed,contact our office or 239.533.6000 May engage in rho business of: •• I acntIan: GENERAL CONTRACTOR-CERTIFIED 5811 YOUNGQUISTROAD FT MYERS FL 33912 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY WRIGHT CONSTRUCTION GROUP INC EDMAN FRED M Payment Information: 5811 YOUNGQUIST ROAD • • FPMYERS PL 33912 PAID 527154.78.3 081121201911:30 AM $50.00 • nn I Form ■■ �/■�(�t .-9 Request for Taxpayer Give Form to the (Rev.October 2010) Identification Number and Certification requester.Do not Department ofthe Treasury send to the IRS. Internal Revenue Service I.Go to www.frs.gov/FormW9 for Instructions end the latest information, 1 Name(as shown on your Income tax return).Name Is required on this line;do not leave this line blank • Wright Construction Group,Inc 2 Business name/disregarded entity name,if different from above y 0 Check appropriate box for federal tax classification of the parson whose name Is entered on line 1.Check only one of the 4 Exemptions(codes apply only to m following seven boxes, certain entities,not Individuals;see 0. Instructions on page 3): o ❑ indlvkfuaVeole proprietor or ❑ C Corporation ❑✓ S Corporation 0 Partnership ❑Trustlestato ai single-member LLC Exempt payee code Of any) • ' El Limited liability company.Enter the tax classification(C=C corporation.S=S corporation,P=Partnership)► eo i Note:Check the appropriate box In the line above for the lex oiessificelbn of the single•membor owner. Do not check Exemption from FATCA reporting LLC If the LLC Is classified as asingle-member LLC that is disregarded from the owner unless the owner of the t1C Is code(ii any) 'C o another LLC that la not disregarded from the owner for U.S,federal tax purposes.Otherwise,a single-member LLC that ,. Is disregarded from the owner should check the appropriate box for the tax classification of Its owner. t [],Other(aeohotruotiene)► ADO.ra.a«.+.wth++dPe t5 haus! yRequester's name a 5 Address(number,street,and epi.or suite no.)See instructions, qnd address(optional) 21, 5811 Youngquist Road 6 City,slate,end ZIP code Fart Myers FL 33912 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box,The TIN provided muet match the name given on lino i to avoid Social security number backup withholding.For Individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Instructions for Part I,later,For other I entitles,it Is your employer identification number(EIN).If you do not have a number,see How to get a r TIN,later. or Note:if the account Is in more than one name,see the instructions for line 1.Also see What Name and I Employer Identtlicauon number i Number To Give the Requester for guidelines on whose number to enter. 2 0 – 2 2 4 6 5 5 9 Part II Certification Under penalties of perjury,l certify that: • 1.The number shown on this form is my correct taxpayer Identification number(or i am waiting for a number to be Issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all Interest or dividends,or(c)the IRS has notified mo that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(If any)Indicating that I am exempt from FATCA reporting is correct, . Certification instructions,You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because lyou have failed to report all interest and dividends on your tax return.For real estate transactions,Item 2 dose not apply.For mortgage Interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to en Individual retirement arrangement ORA),and generally,payments other than Interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the Instructions for Part II,later. Sign signature of Here u,S.person►• /IA.-- , r .— Daie► / 1.6—/f tr •Form 109E1-01V(divtdende,Inbtudtng those from stocks or mutual •. General instructions funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of Income,prizes,awards,or gross • noted. proceeds) . Future developments.For the latest Information about developments .Form 1099-8(stock or mutual fund sales and certain other related to Form W-9 and Its Instructions,such as legislation enacted transaotions by brokers) ••• ly after they were published,go to www.lrs.gov/FormW9. • •Form 1099-S(proceeds from real estate transaoilons) • • Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan Interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) Identifloation number(TIN)whloh may be your social security number •Form 1099-0(canceled debt) (SSN),Individual taxpayer Identification number adoption • •Form 1099-A(acquisition or abandonment of secured property) • taxpayer identification number(ATIN),or employerer Ile identification number • (EIN),to report on an Information return the amount paid to you,or other Use Form W-9 only If you are a U.S.person(including a resident amount reportable on an information return.Examples of Information alien),to provide your correct TIN. • • returns Include,but are not limited to,the following. if you do not return Form W-9 fo the requester with a 17N,you might b be subject to backupwithholding.See What is backup withholding, •Form 1099-INT(Interest earned or paid) 1 later. • Cal.No.10231X Form W-9(Rev.10-2018) • GO 11/5/2019 Detail by FEI/EIN Number Division OF CORPORATIONS )P/J iiUi l of Cr) r,)0 .tF I i' [ i rio n/frr hi!Stith'n/Hilt it c/Aire' pupartrnent of Slate / Division of Corporations / Search Record / Detail By Document Number/ Detail by FEUEIN Number Florida Profit Corporation WRIGHT CONSTRUCTION GROUP, INC. Filing Information Document Number P05000013433 FEIIEIN Number 20-2246559 Date Filed 01/26/2005 State FL Status ACTIVE Principal Address 5811 YOUNGQUIST ROAD FORT MYERS, FL 33912 Malting Address 5811 YOUNGQUIST ROAD FORT MYERS, FL 33912 Registered Agent Name&Address KNOTT,GEORGE H. ESQ. 1625 HENDRY STREET,STE,301 FORT MYERS,FL 33901 Officer/Director Detail Name&Address Title PRES EDMAN,FRED M. 5811 YOUNGQUIST ROAD FORT MYERS, FL 33912 Title VP POWELL,GEORGE A 5811 YOUNGQUIST ROAD FORT MYERS,FL 33912 Title SECY EDMAN,FRED M j1 5811 YOUNGQUIST ROAD FORT MYERS. FL 33912 sea rch.s unbiz.org/Inquiry/CorporalIonSearch/Se a rch Resul lD a la ll?Inqu lrytype=Fe lNu mb er&di rectIonType=initial&sea rchN ameOrde r=202246550P0500... 1/0 11/5/2019 Detail by FEI/EIN Number Title TREA BUELTEL,MITCHEL G 5811 YOUNGQUIST ROAD FORT MYERS, FL 33912 Annual Reports Report Year Flied Date 2017 01/03/2017 2018 01/0512018 2019 01/03/2019 Document Imago. 01103/2019--ANNUAL REPORT View image In PDF format 01.10512018--ANNUAL REPORT View imago In PDF format 01/03/2017--ANNUAL REPORT View image In PDF format 01/04/2016--ANNUAL REPORT View Image In PDF format 01/05/2015--ANNUAL REPORT Viow Image In PDF formal 0110212014-•ANNUAL REPORT View Image In PDF format 01/02/2013•-ANNUAL REPORT View Image In PDF formal 01103/2012—ANNUAL REPORT View Image In PDF format 01/05/2011--ANNUAL REPORT View Image in PDF format 01/14/2010—ANNUAL REPORT View forage In PDF format 01/16/2009—ANNUAL REPORT View Image In PDF formal 01/11/2008--ANNUAL REPORT View Image In PDF format 02/15/2007--ANNUAL REPORT View Image In PDF format 04/28/2006-•ANNUAL REPORT View Image In PDF format 01126/2005--Domestic Profit View Image In PDF format 1140.,a of Sr o v,s'o•r rd Cap.uaLsns • li sea rch.sunblz.orplingUIry/CorporallonSe arch/Se archResullD etail?In quirytyp a=FeiN unto er&dlrectionType=l nidal&se a rchN ameOrder=20224 6559P0500... 2/7-\ t C: I • EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Garnet McCurdy Construction Superintendent Matthew Distel Project Manager r•: fi 10 Construction Services Agreement:Revised 072118 CA0 !I r NIELSON,WOJTOWICZ, NEu&ASSOCIATES A NIELSON HOOVER GROUP COMPANY W z February 11,2020 W W Wright Construction Group, Inc. 5811 Youngquist Road Fort Myers, FL 33912 o RE: Board of County Commissioners of Collier County, as Obligee oThomasson Drive Beautification, as Project Bond No. 30084910 N Dear Ladies and Gentlemen: u Please supply us with the following information for the above captioned final bond: gz o Executed Contract with Date: X U This letter is also giving Wright Construction Group, Inc., as Principal and/or Board of County Commissioners of Collier County, as Obligee, the authority to complete these bonds by o dating the bonds with the contract date, execution and Power of Attorney dates. The contract date MAY BE THE SAME date as the execution of the bond or PRIOR to the execution 2 date of the bonds. W We will forward this information onto your surety company upon our receipt. Please return as soon as possible. W u_ U_ Thank you for your cooperation. Sincerely, Western urety Company CC) 2 D' 0 Kevin R. Wojtowicz Attorney,-in-Fact vfrx •,�.+ `f ST.PETERSB,Uf f e; fr- 1000Centi:e1:4venu 6wt 20 ,-S'P t ,urgL33705 P:727.209:18 F:0-72,09.1333'(} t:: : ASHEVILLE "a 66 Elizabeth Place Asheville- P:828.505.7431 mK r• www.nielsonbonds.com FRONT PAGE Attached to and part of Bond No. 30084910 In Compliance with Section 255.05, Florida Statutes Contractor Name: Wright Construction Group,Inc. Contractor Address: 5811 Youngquist Road Fort Myers,FL 33912 Contractor Phone No.: 239-481-5000 Surety Company: Western Surety Company Surety Address: 151 N Franklin Street Chicago, IL 60606 Surety Phone No.: 800-331-6053 Owner Name: Collier County Board of County Commissioners Owner Address: 3295 Tamiami Trail East, Bldg. C-2 Naples,FL 34112 Owner Phone No.: 239-252-8924 Agent Name: Nielson,Wojtowicz,Neu & Associates Agent Address: 1000 Central Avenue, Suite 200 St. Petersburg,FL 33705 Agent Phone No.: 727-209-1803 Bond Amount: $6,022,618.68 Contract No. (if applicable): 20-7684 Description of Work: Thomasson Drive Beautification Project Location: Thomasson Drive,Collier County, Florida EXHIBIT B-1: PUBLIC PAYMENT BOND $20-7684 Bond No. 30084910 Contract No. 20-7684 KNOW ALL MEN BY THESE PRESENTS: That Wright Construction Group, Inc. , as Principal, and Western Surety Company , as Surety, located at 151 N Franklin Street, Chicago, IL 60606 (Business Address) are held and firmly bound to Board of County Commissioners of Collier County as Obligee in the Sum of Six Million Twenty-Two Thousand Six Hundred Eighteen&68/100 ($6,022,618.68 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of thel'day of 20 b , with Obligee for Thomasson Drive Beautification Project ' in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. lit IN WITNESS WHEREOF, the above parties have executed this instrument this I". day of Y'ic.3.•:Z1,f/;Y 20 }w , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 11 Construction Services Agreement:Revised 072118 CAO Signed, sealed and delivered in the presence of: PRINCIPAL Wright Constructio 're • Inc. // 41111/ BY: ' Witnesses as to Principal NAME: C=E.D,tiGE A. PD L.C. ITS: VICE /AE5,.AENr STATE OF FLOArn,9 COUNTY OF 1- The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this ism day of FES 20 g0 , by G oAG6 A. kokl-i— , as Via- P 2EE/16-ij 1 of WA S'(7 (ToA)57A14C71OAJ 6 2U" , a FL0AiM corporation, on behalf of the corporation. He/she is personally known to me OR has produced Peitsc ui4U.y knfoivAi as identification and did (did not) take an oath.My Commission Expires: AtA941/Vitth-e-A---- (Signature of Notary Public) 4)t1!AY Pik MARC S.WALLACE MYCOMMISSION#GG022388 NAME: /V)14 .0 5• VvIALLAcE . s EXPIRES:August 17,2020 9rFOF Fvo. 3043ci tw 5u4et Notarf Bern ss (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of FtoR.I.b4 Commission No.: GEs 0A gg ATTEST: SURETY: Western Surety Company (Printed Name) 151 N Franklin Street Chicago, IL 60606 (Business Address N/A N/A (Authorized Signature) N/A N/A Witnesses to Surety (Printed Name) 12 Construction Services Agreement:Revised 072118 `CAO ORIkee (2,tbi1/4_0?0,..)66.11 juo' r.)% Rita Lazarides As Attorney in Fact (Attach Power of Attorney) 20- Th Kevin R. Wojtowicz Witnesses Stephanie Wall (Printed Name) 1000 Central Avenue, Suite 200 St. Petersburg, FL 33705 (Business Address) 727-209-1803 (Telephone Number) STATE OF Florida COUNTY OF Pinellas The foregoing instrument was acknowledged before me by means of I!J physical presence or ❑ online notarization, this 11th day of February , 2020 , by Kevin R.Wojtowicz , as Attorney-in-Fact of Western Surety Company , a South Dakota corporation, on behalf of the corporation. He/HeNkte is personally known to me OR has produced Personally Known as identification and did (did not) take an oath. My Commission Expires: fAa.A.A7Lithl--O(Signatu f Notary Public)) Name: Margarita Lazarides (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: GG119825 13 Construction Services Agreement:Revised 072118 CAO EXHIBIT B-2: PUBLIC PERFORMANCE BOND #20-7684 Bond No.30084910 Contract No. 20-7684 KNOW ALL MEN BY THESE PRESENTS: That Wright Construction Group, Inc. , as Principal, and Western Surety Company as Surety, located at 151 N Franklin Street, Chicago, IL 60606 (Business Address) are held and firmly bound to Board of County Commissioners of Collier County , as Obligee in the sum of Six Million Twenty-Two Thousand Six Hundred Eighteen&68/100 ($6,022,618.68 )for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for Thomasson Drive Beautification Project in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys'fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this % tN day of i E/v;:I -Y , 20 : . , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 Construction Services Agreement:Revised 072118 t AO Signed, sealed and delivered the presenc- • omb PRINCIPAL = . WIs. 2.: A- I-1 '414All_ Wright Construction Grou. i I4: _ BY: / .. Witneg es to Principal NAME: &6 A, 110i41Eu— ITS: VIGC 1 A65t EAJ7 STATE OF F-oR,- ,4 COUNTY OF 1-ce The foregoing instrument was acknowledged before me by means of %physical presence or ❑ online notarization, this / m day of F(SQ2Pyty , 20 AD , by A. /'Q pile Lc. , as VICE )5 R.E.510E'ti'; of 1,v '..16,47- 4iv3774tc7lon, vwl , a FLDAJ.1 o4 corporation, on behalf of the corporation. He/she is personally known to me OR has produced AC45UAJA-[-Ly /i&%)O'ndAJ as identification and did (did not) take an oath. Y'Lliit My Commission Expires: ( t `'Ili 1114, -- (Signature of Notary Public) off:?vise MARC S.WALLACE * MY COMMISSION#GG 022388 * G , �wffC m, 9 40EXPIRES:August 17,2020 Name: -4-O,,,p- Bonded Thnt Budget Notary Services (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: fwA- A+ Commission No.: GU 04.110/ 15 Construction Services Agreement:Revised 072118 •CW ATTEST: SURETY: Western Surety Company (Printed Name) 151 N Franklin Street Chicago, IL 60606 (Business Address) N/A (Authorized Signature) N/A N/A Witnesses as to Surety (Printed Name) OR 0:0:31.64i Cita Lazarides As Attorney in Fact (Attach Power of Attorney) Kevin R. Wojtowicz Witnesses Stephanie Wall (Printed Name) 1000 Central Avenue, Suite 200 St. Petersburg, FL 33705 (Business Address) 727-209-1803 (Telephone Number) STATE OF Florida COUNTY OF Pinellas The foregoing instrument was acknowledged before me by means of CI physical presence or ❑ online notarization, this 11th day of February , 20 20 , by Kevin R.Wojtowicz , as Attorney-in-Fact of Western Surety Company , a South Dakota corporation, on behalf of the corporation. He/she is personally known to me OR has produced Personally Known as identification and OW (did not) take an oath. My Commission Expires: IL..... .._............-...........1110.-i: . 0 MARGARITA LAZARIDES (Signaturo • Notary Public) COMMISSION#GG119825 NOTARY Margarita Lazarides PUBLIC ; EXPIRES July 01,2021 g STATE OF FLORIDA BONDED THROUGH (Legibly Printed) RLI INSURANCE COMPANY ar (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: GG119825 16 Construction Services Agreement:Revised 072118 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men 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 State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint John R Neu, Laura D Mosholder, Charles J Nielson, D A Belis, Charles D Nielson, David R Hoover,Daniel F Oaks,Brett M Rosenhaus, Kevin R Wojtowicz, Individually of Miami Lakes,FL,its true and lawful Attomey(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 of said Attorney,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 the 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 16th day of April,2018. °yrREryco WESTERN SURETY COMPANY tz,*PO�gr);s moi. aul T.Bruflat,Vice President State of South Dakota ) Jj ss County of Minnehaha On this 16th day of April,2018,before me personally came Paul T.Bruflat,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 of said corporation. My commission expires J.MOHR June 23,2021 (SRI°g 714DAK0TASt, -I//7,,7 J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the 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 corporation this day of Ewe WESTERN SURETY COMPANY .g7;4,90,4;;;'s 1jf``SErsoy *ill DMS'' • L.Nelson,Assistant Secretary Form F4280-7-2012 Go to www.cnasuretv.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s)shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17 Construction Services Agreement:Revised 072118 CAO it Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. • 18 Construction Services Agreement:Revised 072118 S Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ❑ Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. ❑ Employer's Liability $ single limit per occurrence 3. ❑ Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $ single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ❑ Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant 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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 5. ❑Automobile Liability $ Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired;Automobile Included 6. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than$5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim&in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 19 Construction Services Agreement:Revised 072118 6 ) ❑ Cyber Liability $ Per Occurrence ❑Technology Errors &Omissions $ 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. 9. ❑ Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant 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 Contractor'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. ❑ Thirty (30) Days Cancellation Notice required. Consultant's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm Date Consultant { Signature Print Name Insurance Agency Agent Name Telephone Number 20 Construction Services Agreement:Revised 072118 t CEJ EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me,the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated ,20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns,that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed,shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits,actions,claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: Witness ITS: President DATE: Witness [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or D online notarization, this day of 20 by II as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) • Commissioner No.: [ 21 Construction Services Agreement:Revised 072118 CAO RG EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT • Collier County Board of County Commissioners(the OWNER)or Collier County Water-Sewer Owner's Project Bid No. Manager's Name: Project No. County's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative: Name Contractor's Name& Payment Application No. Address: Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: Total Value of Work Completed & $ Stored to Date: Retainage @10% $ Retainage @ 10% through [Insert $ through [Insert Date] date] Retainage @ % $ Less Retainage $ after[Insert date] Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,security interests and encumbrances(except such as covered by Bond acceptable to OWNER); (3)all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 22 Construction Services Agreement:Revised 072118 EMMET D Fenthwas11) SCHEDULE OF VALUES (_ I_ L__ 1. ___ L..- ._.._1__ L_-_ l..._. __c_._ _____ __._ L. I f 1Dis 1. MIN DESCRIPTION SCHEDULED WORK COMPLETE STORED TOTAL PERCENT BALANCE 10% _% TOTAL NUMWER VALUE MATERIALS COMPLETEC COMPLETE TO FINISH RET/NAGE RETAINAGE RETNNAGE PREVIOUS APPLICATIONS THIS &STORED p.euewrwl WITHHELD THRU DATE SINCE DATE PERIOD TO DATE TOTALS t I i_. ... I._. 'Explanation for the two columns under Previous Applications:The Thru Date Is where you will place all Information until the contract is complete unless a release or reduction of retainage issue an ;Into play.If this happens,all information up to the date of the%change In retalnage Is placed In the Thru Date column.Information after that date Is placed In the Since Date column.This states ;what has happened since the change in retainage. 1 1 . I . .1 I I i_. 1._ 1 i /[ E I/ f I II I23 Construction Services Agreement:Revised 072118 il 0 t'. Exhibit D (Continued) Stored Materials Record Formula:A+ B-C-D = E A B C D E Invoice Previously Received Previously Installed Balance To Date Description Supplier Number Received This Period Installed This Period Install 24 Construction Services Agreement:Revised 072118 CAO EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccsp01/SiteDirectory/ASD/Purchasing/Formol/Forms/Default.aspx Change Order Form Contract d: Change#: Purchase Order d: Project#: Contractor/Firm Name: Project Name: Project Manager Name Department: Original Contract/Work Crder Amount Original BCC Approval Date;Agenda Iters#1. Current BCC-APprovedAmourrt Last BCC Approval Dadg_Age e Item#...... Current Central VWark Order Amount ' 1 SAP Contract Expiration Date(Mester) Dollvr Amount of this Change #.D IVrO! Total Chem's from Original Amount Revised Ccnfractrt!'/ori Order Total S 0.00 #l13IV10! jChange from Cl/rent BCC Approved Amount Cumulative Changes S 0.00 #DIV/01 ;Change from Currerd Amount i Completion Date,Description of the Tasks)Change.and Rationale for the Change Notice to Proceet Original Last Approved Revised Date Date Completion Date Date ( -m vrs ogee) dofDays Added Select Tasks ❑ Add new task(s) 13 Delete task(s) DChange task(s) D'1.Other(see bron1 Provide a response to the fo I lowing:1_J detai led and specific exp lanationhatio rale of the requested change(s)to the task(s)and!or the additional days added(if requested);2.)whythis change was not included in the original contract;and,3.)describe the impact if this change is not processed. Attach additional information from the Design Professional andlorContractor if needed. Prepared by: Date: (Project Manager Name and Department) Acceptance of this Change Order shall constitute a modification to contract!work order identified above and will be subject to all the same terms and conditions as contained in the contract!work order indicated above,as fully as if the same were staled in this acceptance.The adjustment,if any,to the Cont rad shall constitute a full and final settlement of any and all claims of the Contractor!Vendor 1 Consultant! Design Professional arising out of or related to the change set forth herein,including claims for impact and delay cosh. Accepted by: Date: (Contractor!Vendor!Consultant!Design Professional and Name of Firm,if project applicable_) ° Approved by: Date: (Design Professional and Name of Firm,if project applicable_) Approved by: Date: (Procurement Professional t:."£' %cmMdj reg Ure a itce3t `T_--:dd!Y1?er31j_?'Tial} R>_.' e7: 10/M2314 25 Construction Services Agreement:Revised 072118 CAO ( 1 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated • portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,CONTRACTOR AND DESIGN PROFESSIONAL,and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 26 Construction Services Agreement:Revised 072118 (CAO 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 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 27 Construction Services Agreement:Revised 072118 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: PO No.: Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name &Title) By Design Professional: (Firm Name) (Signature) (Typed Name &Title) ByOwner: (Department Name) (Signature) (Name&Title) ii 28 Construction Services Agreement:Revised 072118 CAO EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof)to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 29 Construction Services Agreement:Revised 072118 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the"Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 30 Construction Services Agreement:Revised 072118 limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty(30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing,the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project if Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 31 Construction Services Agreement:Revised 072118 CAU stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent(10%) of the portion thereof approved by the Project Manager for payment,whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%)completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's procurement ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract.Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 32 Construction Services Agreement:Revised 072118 ii 5 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 33 Construction Services Agreement:Revised 072118 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project)to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 34 Construction Services Agreement:Revised 072118 record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All k buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features 35 Construction Services Agreement:Revised 072118 rm ,-D (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: 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: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all 36 Construction Services Agreement:Revised 072118 work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work { 37 Construction Services Agreement:Revised 072118 +0 j Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract [ Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 38 Construction Services Agreement:Revised 072118 €•",:k0 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight(48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the ContractorNendor/Consultant 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/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B-3 to the Agreement. 39 Construction Services Agreement:Revised 072118 C�O Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. ( If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non- responsive. 40 Construction Services Agreement:Revised 072118 CAO Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.qov/E-Verifv. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by • Subcontractors. 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. 41 Construction Services Agreement:Revised 072118 C,10 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof,which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1)fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or(3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or(8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or(10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s)within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials,equipment, supplies, and other items therefore 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. 42 Construction Services Agreement:Revised 072118 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14)days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete.Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager 43 Construction Services Agreement:Revised 072118 0 shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers,fabricators,suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 44 Construction Services Agreement:Revised 072118 CAO 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections,tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected,tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight(8)hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential ii 45 Construction Services Agreement:Revised 072118 CAO costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto,take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored is 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 46 Construction Services Agreement:Revised 072118 0A0 include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 'Contractor shall 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. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor,without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 47 Construction Services Agreement:Revised 072118 E � 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not f(f' possess or be under the influence of any such substances while on any Owner property. Further, ss 48 Construction Services Agreement:Revised 072118 Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security is regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work,the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or 49 Construction Services Agreement:Revised 072118 • Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards(DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor,for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of 50 Construction Services Agreement:Revised 072118 13 J the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages gg` for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy li. of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses.All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2)provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of 51 Construction Services Agreement:Revised 072118 t Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub- subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all !! Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 52 Construction Services Agreement:Revised 072118 tCr10 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County 53 Construction Services Agreement:Revised 072118 under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(cr�colliergov.net)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A"project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of$2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing /will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 54 Construction Services Agreement:Revised 072118 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement,the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 55 Construction Services Agreement:Revised 072118 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS • 56 Construction Services Agreement:Revised 072118 Detail by Entity Name Page 1 of 2 Florida Department of State DIVISION OF CORPORATIONS Jryl,lrjII Jl. � eorg (1;cj,irraDPAvt rD i uu vllt.Irl:;ttur ofJ•J,utdn I:rh rte Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by Entity Name Florida Profit Corporation WRIGHT CONSTRUCTION GROUP, INC. Filing Information Document Number P05000013433 FEI/EIN Number 20-2246559 Date Filed 01/26/2005 State FL Status ACTIVE Principal Address 5811 YOUNGQUIST ROAD FORT MYERS, FL 33912 Mailing Address 5811 YOUNGQUIST ROAD FORT MYERS, FL 33912 Registered Agent Name&Address KNOTT, GEORGE H. ESQ. 1625 HENDRY STREET, STE. 301 FORT MYERS, FL 33901 Officer/Director Detail Name&Address Title PRES EDMAN, FRED M. 5811 YOUNGQUIST ROAD FORT MYERS, FL 33912 Title VP POWELL, GEORGE A 5811 YOUNGQUIST ROAD FORT MYERS, FL 33912 Title SECY EDMAN, FRED M 5811 YOUNGQUIST ROAD FORT MYERS, FL 33912 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/13/2020 Detail by Entity Name Page 2 of 2 Title TREA BUELTEL, MITCHEL G 5811 YOUNGQUIST ROAD FORT MYERS, FL 33912 Annual Reports Report Year Filed Date 2018 01/05/2018 2019 01/03/2019 2020 01/03/2020 Document Images 01/03/2020—ANNUAL REPORT View image in PDF format 01/03/2019--ANNUAL REPORT View image in PDF format 01/05/2018—ANNUAL REPORT View image in PDF format 01/03/2017—ANNUAL REPORT View image in PDF format 01/04/2016--ANNUAL REPORT View image in PDF format 01/05/2015—ANNUAL REPORT View image in PDF format 01/02/2014--ANNUAL REPORT View image in PDF format 01/02/2013—ANNUAL REPORT View image in PDF format 01/03/2012—ANNUAL REPORT View image in PDF format 01/05/2011—ANNUAL REPORT View image in PDF format 01/14/2010—ANNUAL REPORT View image in PDF format 01/16/2009--ANNUAL REPORT View image in PDF format 01/11/2008—ANNUAL REPORT View image in PDF format 02/15/2007—ANNUAL REPORT View image in PDF format 04/28/2006—ANNUAL REPORT View image in PDF format 01/26/2005—Domestic Profit View image in PDF format Florida Department of State,Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/13/2020 �..14 WRIGCON-02 D2CRUSHING ACC)121::, CERTIFICATE OF LIABILITY INSURANCE DATE 2/7/2 D/YYYY) 2/7/2020 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). License#L077730 CONTACT Geri Randall PRODUCER NAME: - AssuredPartners of Florida,Naples PHONE 8950 Fontana Del Sol Way Suite 300 (A/C,/ No,Ext):(239)280-3634 FAX (A/C,No):(239)261-2803 Naples,FL 34109 ADDRESS:geri.randall@assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Valley Forge Insurance Co. 20508 INSURED INSURER B:Auto-Owners Insurance Company 18988 Wright Construction Group,Inc INSURER C:North River Insurance Co. Youngquist Road MitchBueltel INSURER D:National Fire Insurance Co of Hartford 20478 5811gq Fort Myers,FL 33912 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. ADDL SUBR POLICY EFF POLICY EXP INSR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY _EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X 5084101471 1/1/2020 1/1/2021 PREMI ETORENTED 100,000 PREMISES(Ea occurrence) $ X XCUMED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY x PROT- JEC $ OTHER: COMBINED SINGLE LIMIT 1,000,000 B AUTOMOBILE LIABILITY (Ea accident) $ X ANY AUTO X 5022149701 1/1/2020 1/1/2021 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 8,000,000 EXCESS LIAB CLAIMS-MADE 5811118524 1/1/2020 1/1/2021 AGGREGATE $ 16,000,000 DED X RETENTION$ 0 $ A WORKERS COMPENSATION X STATUTE OTH- ER AND EMPLOYERS'LIABILITY YN WC6016229107 1/1/2020 1/1/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE NE.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe underEL.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below . D Leased&Rented 4034475218 1/1/2020 1/1/2021 L/R Equipment 300,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 20-7684"Thomasson Drive Beautification Project" Collier County Board of County Commissioners is included as Additional Insured for General Liability on a primary and noncontributory basis as requried by written contract per forms CNA74705XX and CNA75079XX.Collier County Board of County Commissioners is included as Additional Insured for Auto Liability as requried by written contract per form\58504.30 days notice of cancellation except 10 days for nonpayment. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E Naples,FL 34112 AUTHORIZED REPRESENTATIVE I it. L\ ltii ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Agency Code 12-0297-00 Policy Number 50-221-497-01 58504 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - BLANKET COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION II -COVERED AUTOS LIABILITY COVER- person or organization qualifies as an insured under AGE is amended. The following provision is added. SECTION II - COVERED AUTOS LIABILITY COVER- Any person or organization is an insured for Covered AGE, A. COVERAGE, 1. Who Is An Insured. Autos Liability Coverage, but only to the extent that All other policy terms and conditions apply. 58504 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 • CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whoni you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract. but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX(10-16) Policy No: 5084101471 Page 1 of 2 Endorsement No: 4 VALLEY FORGE INSURANCE COMPANY Effective Date: 01/01/2020 Insured Name: WRIGHT CONSTRUCTION GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured: or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additiotial insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 5084101471 Page 2 of 2 Endorsement No: 4 VALLEY FORGE INSURANCE COMPANY Effective Date: 01/01/2020 Insured Name: WRIGHT CONSTRUCTION GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury-Expanded Definition 4. Broad Knowledge of Occurrence/Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability-Railroads 8. Electronic Data Liability 9. Estates,Legal Representatives and Spouses 10. Expected Or Intended Injury-Exception for Reasonable Force 11. General Aggregate Limits of Insurance-Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 0 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability - Damage To Premises /Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage O 19. Non-owned Watercraft 20. Personal And Advertising Injury-Discrimination or Humiliation N O 21. Personal And Advertising Injury-Contractual Liability 22. Property Damage-Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards NOMINNI �,,. 25. Waiver of Subrogation-Blanket 26. Wrap-Up Extension:OCIP CCIP,or Consolidated(Wrap-Up)Insurance Programs CNA74705XX(1-15) Policy No: 5084101471 Page 1 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 01/01/2020 Insured Name:WRIGHT CONSTRUCTION GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A.through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage;or• (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A.through H.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. • A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX(1-15) Policy No: 5084101471 Page 2 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 01/01/2020 Insured Name:WRIGHT CONSTRUCTION GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. F. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury,property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults,street banners, or decorations and similar exposures; or b. the construction,erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named insured's behalf. The coverage granted by this paragraph does not apply to: 8 a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the = Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only mew with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74705XX(1-15) Policy No: 5084101471 Page 3 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 01/01/2020 Insured Name:WRIGHT CONSTRUCTION GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions;or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following: Bodily Injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties in The Event of Occurrence,Offense,Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3.in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or CNA74705XX(1-15) Policy No: 5084101471 Page 4 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 01/01/2020 Insured Name:WRIGHT CONSTRUCTION GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess,contingent or otherwise,which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture;or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 0 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k.and I.and replace them with the following: II � Fr; This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or CNA74705XX(1-15) Policy No: 5084101471 Page 5 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 01/01/2020 Insured Name:WRIGHT CONSTRUCTION GROUP, INC . Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled g Exclusions is amended to: O 0 i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud CNA74705XX(1-15) Policy No: 5084101471 Page 9 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 01/01/2020 Insured Name:WRIGHT CONSTRUCTION GROUP, INC . Copyright CNA All flights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and CNA74705XX(1-15) Policy No: 5084101471 Page 10 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 01/01/2020 Insured Name:WRIGHT CONSTRUCTION GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS-COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a $5,000. limit;and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION-BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Pad; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED(WRAP-UP)INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs(C.C.I.P.) is attached,then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor CNA74705XX(1-15) Policy No: 5084101471 Page 16 of 17 Endorsement No: 1 VALLEY FORGE INSURANCE COMPANY Effective Date: 01/01/2020 Insured Name:WRIGHT CONSTRUCTION GROUP, INC . Copyright CNA All Rights Reserveo. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.