CONSTRUCTION AGREEMENT ‘THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (‘Owner’) hereby contracts with Fort Construction Group of Naples, in. Contractor’) of 16000 Old 4 Road Unit 208, Naplas, Florida 34110, a Corporation, authorized to do business in the Stato of Florida, to parorm all work (‘Work’) In connection with Caxambas Park Community Conter, Invitation to Bid No, 20-7780 (Project), as said Workis set forth in the Plans and Specifications Prepared by Wood Environment & Infrastructure Solutions, Inc., the Engineer andlor [rchtect of Recors (Desgn Professional’) and other Contract Documents hereafter specfieg ‘Owner and Contractor, forthe consideration herein set forth, agree as follows: Section 1. Contract Documents A. The Contract Documents consist ofthis Agreement, the Exhibits described in Section 6 hereof, the Legal Advertsement, the Bidding Documents and any duly executed and issued addenda, Change Ordess, Work Directive Changes, Field Orders and amendments relating thereto. All ofthe foregong Contract Documents are incorporated by reference and made a part ofthis Agreement (all of sald documents Including the Agreement sometimes being refered to herein as the "Contract Documents" and sometimes as the “Agreement” and sometimes as the "Contract A copy ofthe Contract Documents shall be maintained by Contractor a the Project. site at all imes during the performance of the Work. B. Owner shall fumishto the Contractor one reproducible set ofthe Contract Documents and the appropriate number cf set af the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting Section 2. Scope of Work ‘Contractor agrees to furnsh and pay for all management, supervision, financing, labor, materia, tools, ful, supplies, utes, equipment and services’ of every kind and type necessary to dllgenty, imely, and fuly perform and compete in a good and workmanlike manner the Work required by he Contact Documents. Section 3. Contract Amount, In consideration ofthe fathfl performance by Contractor of the covenants in tis Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to ‘Contractor the flowing amount (herein "Contract Amount), in aecordance with the terms of tis ‘Agreement. One Million Three Hundred Seventy-Five Thousand Four Hundred and One Dollar ($1,376,401.00) Section 4. Bonds, ‘A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form presetibed in Exhibit B-t and B-2, inthe amount of 100% of the Contract Amount, the costs of Wwtich are to be paid by Contractor. The Performance and Paymant Bonds shal be underwritten by a surety authorized todo business in the State of Florida and otherwise acceptable to Over, provided, however, the qrety shall mest the requirements ofthe Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authoiy as Acceptable Suretes on Federal Bonds and as Acceptable Reinsurance Companies" circular. This croular may be accessed via the web at won. ms leas gov/e570lc570 Nimigcertfied. Should the Contract Amount be less Comtacen Saves Aen’ Rese 25207)than $500,000, the requirements of Section 287.0835, F.S. shall govern the rating and classification ofthe surety 18, _fthe surety for any bond furnished by Contractors dectared bankrupt, becomes insolvent, its right fo do business is e¢minated inthe State of Flatda, or itceases to meet the requirements imposed by the Contract Documents, the Contractor shal, within fe (5) calendar days thereafter, Substtute atts cost and expense another bond and surety, both of which shall be subject othe (Owners approval Section 6. Contract Time and Liquidated Damage A. Time of Performance. Time is of the essenco in the performance of the Work under this Agreement. The "Commencement Date” shall be estabished in the writen Notice to Proceed to be issued by the Project Manager, a8 hereinafter defined. Contractor shall commence the Work witin ve (6) Calendar days ‘fom the Commencement Date, No Work shal be performed atthe Project ste prior to the Commencement Date, Any Work performed by Contractor prior to the Commencement Date shal be at the sole risk of Contractor. Contractor shall achieve Substantial on vihin three hundred thirty-five (388) calendar days from tne Commencement Date (herein "Contract Time). The date of Substantial Completion ofthe Work (or designated portions thereot isthe date certified by the Design Professional when construction is suffilenty complete, In accordance with the Contact Documents, so Owner can occupy oF utize the Work (or designated potions thereat) forthe use for which iti intended. Contractor shall achieve Final ‘Complation within thirty (30) calendar days atter the date of Substantial Completion. Final ‘Completion shall occur wren the Agreements completedin ts entirety, is accopted by the Owner as complete and is ¢0 ead 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 nean the Division Administrator or Department Director, es apalcabl, tbcting drool or through duly authoraed representatives, 1B, _Liguidated Damages in Gener Cuner and Contractor rezognze tha. since time is of the essence fortis Agreement, Owner wll suffer financial lass f Contractor fails to achieve Substantial Completion within the tne specified lbove, a8 ea time maybe adjusted as provided for herein In such event, the total amount of Guners damages, vil Bs diffeu, f not impossible, to defitely ascertain and quantity. Should CContractr fai to achieve Substanial Completion within the number of calendar days established herein, Ovner shall be ented to assess, as liquidated damages, but not a8 a penalty, One ‘Thousand Six Hundred Ninety Dollars ($1,680.00) for each calendar day thereafter until ‘Substantial Completion is achieved, Further, inthe event Substantial Completion is reached, but the Contractor fas {0 reach Final Completion within the required time period, Owner shall iso be entiied to assess ane Contractor shal be laale forall actual damages Incurred by Owner as a result of Contractr fang to timely achieve Final Completion. The Project shal be deemed to be substantaly completed on the date the Project Manager (or at hismher direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereot. Contractor hereby expressly waives and relinauishes any rght which it may have to seek to characterize te above noted Iquidated damages as a penalty, which the parties agree represents 2 air and ressonabie estimate of the Owners actual damages at the time of contvacting if Contractor falls to Substantally ar Finaly Complete the Ware within the requted ime periods ©. Computation of Tine Periods. When any period of time is reerenced by days herein, it shall be computed to exclude the frst ‘day and incige the last éay of suen period, the last day of any such period falls on a Saturday Conan Serves Afonart Raves 5250)or Sunday of 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 became the next succeeding day ‘whieh is nat a Saturday, Sunday or legal holiday, D. _ Determination of Humber of Days of Default For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working cays, the Owner wil count default days in calendar days, E.__ Right of Collection ‘The Owner has he right apply any amounts due Contractor under this Agreement or any other ‘agreement between Owrer and Contractor, as payment on such liquidated damages due under ths Agreement in Owners sole agoretion, Notwithstanding anything herein to the contrary, ‘Ouiner retains ts right te lquldated damages due under this Agreement even f Contractor, al ‘Owners election and in ts sole dieration, + allowed to continue and to finish the Work, or any par oft after the exprafon af the Contract Time including granted time extensions F. Completion of Werk by Owner. In the event Contractor ceaults on any of ts obligations under the Agreement and Owner elects to complete the Werk, whole of in par, through another contractor or its own forces, the Contractor and its surely shall continue to be lable forthe liquidatod damages under the Agreement until Owner ‘Bide Drouin ten (10 slr nye ander te Srey Bon Bonds an soe Cnet treed yt Cont Doses, Te bid seri sce! aes he opr of te Oe vet ‘Se Aen sue Cait and Bone we acted ad even a Ove wii hive vee ‘raed umes othe ey an acral expen oe Over, leg og ha swe ine ‘Sorin enencs, Ove il sw if te Sure ier i exes and ele o Oe! ie ‘eau Apes Inunce Cnt nd Bon wine eed ine pee nth ven oh li, ‘Get our of Omers damages wil be iain snp, dfay acer ad ai. Te ‘ney sed takeout Gar esi iat Soaps om Sacer ie ne Ccontneton Slototn Doo rer 0221-20cmerensty pert filo enced delve th Aeon Innes Cart, nd Bona eure, The ‘lca dr eey eel malvern regu ay ight which ny be sco chance he ‘ove sted lund lenges x prays wih tps ns repost aan enon ete ‘ral ta te fc S Dlr xc ve Be Ame ‘ance Crete Beas Unely ue. Upon it th sgnand speed arenes nd Pach rit thundered pops commence wat inti wn ve lend stom smn te ltd nt ren Nees sed ls the Pojet Mange nwtng ovteuenty mates the Contactor af «mode ie) commence i The eae fier are sista comple al work overt id with Three Hudred They Fine G85) cones nar dy compat by excang te commenoenel ate ad ling he as dy of ‘teh en ado aly ce oe poo El aspect he One wii Tey (0) essecnve eee agstae seni Epon mpd iing emcee nga Ace ee and acknowledged by an Authorize Agent tiie Beaks ide VP Date:_11/1072020 CConsrution Staion Doe rv 02-21-20xt cnty ate 0700 TORIET.CONTRACTONS KEV ‘ASSIGNED TO THE PROWCT, ‘Ceram ark Commit Contr Na 202798 ans ee Ross Johnson / Edward Acevedo ee Brooks Witcher Price vane Constton Sletten Dee ev 0221-20cnercay ete 20.790 “Tt FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE, AL Biers soni by ete tht ey wl provide he mantis ad tins in in hi Bid ‘pests ong couples wih ose Sune 78590 pol umber ner lee et roses osuce ad mnuhtte Sofia eg ashe ce, ies an ally eg. xcept rhe ‘laren maybe eqs ty compli the Mia Marae’ Peep List below. Ifa ‘gin fara namic aor tec roped wd ied blo ad nt wove by Engen ansgo Bice lsh maar med he peceton. Ascpece ohio Jest conse ‘epee ome popes ons Is Complete sds scm AOR ‘Seto A (Assay fll manufacture en tia Bd psifenton) nt ay fm si un i tee ad pny dn compa, Fi Sigs ponstrution Group of Naples, In. aw: 11/90/2020 ‘Section (Exepton nq Bi pectin maces ad mail) -EXCETIONMATERIAL [EXCEETION MANUFACTURER Ps se adnalpaes as tes. re 11/40/2020 ‘Constuston Soliton Doo ray 02.21.20,_ aT omoReCONACORS 7 “Ts LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE, “Te vadenied sine at he long i ist ofthe propre scott fr tema catgut in ‘Deroirenents of be id pectin “Te anders epoaty oezring thal Suber the locates ae ‘nage detied a Grdince 017-0 en Seton 1 futons Ber) wt met a ea ‘epizenees plese and sess by th Conte Dsament, lain, bt viedo pape ee, ‘fhiwton, suas en nan coverage. The Ova races tei cgay wy Br who ‘Educ coconplant rong Sts si ofl Pures Oe: ny es he Sse idea moveapn ay Sener soe doa cox Owes, wh ound Benoa vik ‘ls resem ee eer wane of he Ava af Cont by One (Aach mie she a ede) Furby ts toeriped slrowedges ta nes tt pom ter be Aver of Cone ed fe ‘Sooner win be reqtemotr he Court Dorsnens, he Soest Bd sl yal Sees ‘Tlie eos the Poet Tee unceined rer aes tnt al Sabon obey Hees ey owt of wrt ni smut Gai ar ote tbe Majo ugry of Work ‘Sites nd Addr ese AB ‘Meshal ot Zoe Gaoina & Heaiba Cowen Ph Ales lanbod LG. Se Wok [Manet bevteoment CD. Tatty ober woe trent mere a 5 ‘prec ertnufe e ol poh of he shee coupey,_FoM Qenstruction Group of Naples, Inc, Sime, Cconsnton Soliton Doe rv 02-21-20nmr enany ttonz079 “The Bidder i required to state below what work of similar magnitude completed within the last five 5) years oa judge of experience, sil end business standing and ofits abt to conduct the wor a completly and as rapidly sroguired unde the terms ofthe Agreement. 808 Wiggins Pass {808 Wiggins Pass Road LLC Gejetnne) xeon) 808 Wiggins Pass Re Naples, FL. 808 Wiggins Pass Rd. Naples, FL. Goleta) Owners aire) ‘Nosayeammucatularpunsinnsvat Steve Hovland ‘our poise) Gers enero) cc . May 2010 415M 239-451-7777 [email protected] . Grovetsiveanplaton tn) Genmetvaie) “Ghons) eal) Causeway __ Gauseway Commerce Park LLC Gaerne) ‘pet owe 28200 Old $1 Road Bona Springs, FL 808 Wiggins Pass Rd, Naples, FL. ‘enjoy ‘Owners ‘ame commer tn tomatoe ret Sheve Hoven _Owner. oy “Timer ne pee 239-451-7777 __ Sthovland@Clouscom Bee) Tenaid Lynn Hal Park “Leo county ‘oriecirane) ‘Grieeome) 950 Estero Blvd Fort Myers Beach, FL. Po Box 398 Fort Myers, FL. 33631 —_—— our eachonsVskover, steworandsape, Randall Harris Project Mom. ‘Gries dotren) mera AT ‘ie May 2020 5.419 hous [email protected] ‘recreates tas) Gomt rake) pow) esi) Const Sstaton Dae rev 02-21-20Bansk Reser (raearaney Te Casson Rs, Neots, FL, 9408 ‘pee oe) ‘pea cero) Jan 2020 ‘rope compan cy S154 (Gone vio 5 63M ‘ee ompiiondaa) — Gains way Songs Cane ‘ekeceane 27. pe Cano Ran a 867 (Gojet Tenia ‘Geet deepen. ne 2017 ‘Gejetenmpton tay — Perr (Goes va} “prs owne) a1 Consan Ro Naples, FL, 24108, Omer nes) Pot Bane ‘owner Gro ea easy 2304262978 NA ‘eae out any sterner ‘prema ‘HOW Chueh St gore, PA 18658 (Owner dees) stomer reeutve Dror Toners eon eT ei) 724-787-1008 NIA oer ‘Goad (revet owner PO Box 186 Jemectown, PA 18887 TOmervaltesy ‘og Davis Omeemapey — 7asso1257a NA me) (ould ar Ses Be Mess S yise Ccansructon Saletan Doe rev 02:21:20arent eta 2700 _= Lee] Bie snows hatinc de nth vcs hm of he bi ninth Tt Bi Price recon for comping wih te Fle ‘rnc fey Ac{ODS Lam of lsd) eevee | 150 The ser fares th cont Besar low: rene ey nisot st tt det Ct Nene Mewar {Gususoa cot (Descatind aes auto complet above nay es ine Bb Dave: 107020 ‘contrcton Soliton Doo ray 02-21-20,cater sain 2-790 KNOW ALL MEN BY THESE PRESENTS, dha we Faicoatston rp tp, weboenembazobnemer se (ere afer” ell the Pies) ad ‘aie Fn ene xan + cin ale the Suey,» corpoton charred td ang wae ce of be Sete ofoms ss picpl offes ney of cea td mhz to Go basher inte Sie oF so held tad omy Dod io ale Go eat Crue ‘Gant he Owe) intel wd est u oie ead i= “alae (Sati counacon pd nd awl ote of ‘Samara As pp md Tie Ow tw ppt elt ty ans scald Surety bod ess, bel btn, ud eres, instar, a goad severally sd ely by the presen, ‘Wher te Prispl eu to bmi, ort white o he Ovo, «Bid fo ishing ll laborer, ‘alpen an Inside neuen ofa, instal sd uly comple the Work onthe Project own Bd NOd0-7790-Canambas Prk Community Center NOW, THEREFORE, ie Owor sll cept the Bed of the PRINCIPAL an the PRINCIPAL dl ets ie the ‘eguied Agere Wit be Owar un wid x days afer witen Ne of Award in acerdance wl ‘iets uch Bande uch bed bond ie ca of 14h il Contet Aout psd the Bldg Dcunen or Conrc Document wh goodness al perme oe Agere {dr be romp pyar al pls fred ee presen hea te eet he fue ofthe PRINCIPAL nr cio sch Agree rove sues bod er bods ed dale 9 Ovo reaued ‘Sreau of rance ithe PRINCIPAL sal py he OBLIGE he fed sun ofS OE ced above {iu aro dns ey, spoiled in Bing Document te is ignon al be all ad ‘oi oberise foreman fil ewe nd IRUTESTIMONY Ther to Principal and Suey bev cued tee presctst be ly sgn end stl thie Ma diy ot Nowe a Princip conn) Sacty eanseth saute Ss tala pepe. teins trp aa aoa cata pio eo renee me migra ere oma case aa Sree gore men catiscars mone SarMes srr fate cba is «bun, ect Heb sansa RS eee Beheehrmyconttadcom at ny nits, 2zo th exer feet th Gay enemy Company on Pam Pas ac Compa "Tas Ten of oy mt ce pact ay ae of etn oes yaaa Me 20 i Bade ‘conn. _nrvuginanssouarey tun socmetta et Ait asap. “Th it ny Ve rece oo cao ti aan a fo oe ph et Sa Seocetera pec pices uy se, te er at Fe peer cones piesa Reet never TARE Sfeapareatele separ Cano tocar tle gear ATE CNY TSCEAL FAC ROURANCECONBANY ssi oda tin o Danni fp Rob ‘veer fi Se ae eee ena aua Pree of Unie ro Saar agharecnrn serie © | tte. ace My comsini eye WER! sp a ea ee ea fea e eee ieueneaees Hee een eae ee Set ne “ppt ace bib eol progtehatc aS “he Vendor hal aon expen ty and masa isaac evege tm espoile companies ly Ihiborard od sen he Sas asa rh FORM of lon Te Verda acre {nds opery arte ap he ere pro if eed, he fal sabe ase he sop of nok, ‘he Coty tthe Vendor wine esi ech aera he Couns pte Vendo, Cantos, Design Conan Sonn pr nd epee fh nd lobe og covered by propery noes ‘povided ern exch pi rte my Hevet te proces ach sane. The Venlo Coon al, ‘Sher apport er sina wer of ebopean fom he Couns wet Vendo, Design Cosas ‘Sn Subeouratorsl muieeo of a oeneilwaves eta cons. Cole Cony al bone orphan nd manning io ily iene, ened ae arith sad f thi sotaton mut etl Fray andl wrk permed oneal ‘of olier Cooper espe ales mer snd le ‘Te Geel Lnlty Foley povided by Vendr oes te request of is slat hal ne Caller Cony Fane for! ned so operon of enor ede is satan wn shal oti Seveily owes ose ‘The Cerne Haber al bw named Cole Cunty Bos of Coty Commins, OR, Dar of Coty Cormier Cole Cu, O8 Cllr Canty Govesnan OR Cole Cony The Certs finance ‘et sate Combe or Pe Nonber, r Se jet devin or mist ea For ey andl ‘rove perme on Se of Coller Coan ‘Tee amount typ same covenge hl on the minima regione tah n FORDE ‘he we of nonce SeviesOfies (80) fom sd enforemens ote 1 Vener bs ay sl Insured eon dtcisr vce ny fhe bl ned mini ee over Vendo mee ‘Se Corte af lunnce he mtr td wns oak ei eure rection ddan prove ‘asic eve fn esos ormchblgaion. Aline maton or Seduce vil be endo’ tle repens. Covent be isis who ners fom he ue of camancement fhe Weck ul te dat of omplon nd cape fe ope of wk he Cony a speed asain, wee get “Te Vendor anor I nese cae hal prove hy (0) dey ten oie to he Coty of ply ‘Soslsion or on enwel onthe pt ofthe euros carer he Verde Veo shal as not) the ‘Gong ke marys tony ou) hu er cel af wy ie expan, ecelo, - ‘nal ral chug in sor rE esd ty Vendome nae an ang care ere ‘harelave Vendor ofthis rqiremes opie nln ne vent of rsvtin i he gue iit of wt policy be rovided Vendo hresner, Vendor shal ned eset te epee ee {oth fleet permed uae sch pal. Sold any in te Venda not main he rane covers rested ht he County ay emit ‘Agana Suro sl be atric paca ch coves sd hare he Veda fr eh ‘Senedd prc Vener as 9m he Cony Er cons tn they (0) usar der, ‘he County bas erg ofthese cna oe my sou the Vendor wafers Apeenet of my oe ‘eneat eee be uty nd Veoh Cony sal be ne 0 olipton pach es nue, ot ‘itt eaponble the covenpl) cared or ae ree company o comps ae Teds of ‘he County phase ch ngs veg] hl ano ay be sored baa Oa of gis ‘rere Const Dosen aa or any obey ed Cart of nee expire pth compan fe pe f work, the Vendor sal fami he Cau ev or elacment Cael) of sure wt ha (10) ‘Sienior die nter he epinton dt ont ene Fare of he Vena o poi Coonty wth ch ‘ened ict) al bcos ate he Cuno emit ay an al oear cory eto 2700 Cotter County rida Insurance and Bonding Requirements omg Hote Rei it PMkars Comeanin, "Stay Lins of Fle Sues, Chapter 440 and all Flea! Goverment ‘Str Linke an Reacts ven of Wotan Conpenatoncovenge ora Caine of Beton sud ty th Sa of lia goes Ese te fone Sle Popeicorhips Eulfnatte auredt oes reat feenpton, Anson rept ne oie nine wg ipa comfscesenad employ Lublty —$__1000800_seye nip scares 3% geal cain Bey iether Das Form ptered ater be $_1,00,90___sngle ini pr cccurne, $200,000 sgpept fo Boy ‘e180 rm tay Lua Per Dug Limity. This onl cae Preiss mod Operon nspendent Clause Praca and Compete Opens and hats Lc. 4 Bindenifatiy To the sum eet pemited Wy Fld aw he Contato al tedster Coe County, tates nd employes Dot ie, ge, nen and cs cg btm ned ty cel, 5. BlAwamobie ably $.1009060_ Each Ourarest; Bodily, Inry & Propery Danae, nea omnede; Avorobie ded 6 Cote tae oe Wace 1 Unies sues Longhorns aod Hatervorers Att cover sal be Sintnd whee applet he oapltin he or 5 Per Osx Per Osserece CMe Covenge Uoser Ac) sal be eld hare appli rte ampltonof ewe 5 PerOecarece [Area Linky coverage sl be cr in tims fat as a 8000000 {heb ocancef epics smpltin ofthe Seis une ns Agee, coaeee| CPetton s Per ssumene CDPretsomlibity — 5. ee eli ne apes Cet ofan Lblly 8, PerOscerect (Donati oper race 5 Per Ossurence loytertaity 5 Per Ossorense Cirececagy Brom & Omsons 5 Per Ouestcatmonuy tate 2780 1. Sto State snippet im edt eben Sa Sea Settle dd coumy Ce or Sens tiadtatm ent Ssh pogo er sal fe mse Sota at ceoy Bw Cory Carmo on bor ys Sut ed ee Dept ee coprmion 1. Blames Rep inet 2000 tod le baited wi be ce Ess TLE ne act nie tS one SSE Leica ys gente Ferre Rha lie nds sso aor! other EO tera mapa Over poet, twee ae SES cha te pena gt Se mt mt Ch ot ‘plea fel tae oat nd be eee tl ot es SESFEothcad ply takes pen sven we ro ren Rahat Be deo a es Coop ef 8 Foe oeNo Shen Yorr 9B Vendor sta emus a ceaniciconey withthe sun snc requement ht be rege Fret The some esis povie Coun wit coiewer of sume meg the ele Isa 10, BQ Cale County nat beamed "ADDITIONAL INSURED" onthe nsrance Cerificate fr Commer (Gow Lisywreeqi Tis on sal primary snowcap et Inna inin hy,flb frtebnee of he Aan ated nthe Vendor's poly al sed tcc: 11, 5 The Cain Hl sl be med Cllr County Bard of Coat Canmnsboen, OR, Boar of Enunty Commas In Coller Coty, O8 Calle County Goverment OR Caller Coun The Ces ‘times mse th Cornet bao ees Number, or pete Pret eso, orate: For ‘yen wok pred on ello Caer Cao 12 BE On al ceiete the Cert Hoar mt rend Caller Coot Bou of Comision, 3298, “amie Ta Est Nels PL 36112 13, B Thy Die Cancaation Neer 14, Coles Coys pros ad sin Bude Rink nue ol enscon pret whee ii demed ‘cua Such cogs tal Ge edo o cover ira of Color Cun at wal ate Costar ‘Freon shall ties eh poeta te Cantal rt se ues Rk remiss pees ‘oro! opting A queons eng Buler’s Rik nose wl be desde Caller Coty Rist Manage Dion ‘Years tourace Acceptance By xhmsion of i Vendor asp nuded he insariee euens of he secon an at ‘he eden of nual may be esd witia Gv (3) a he nnd of hs soon. The inane ‘ited mut prondecoemge fe minnowese, FORM9- Conc or terest AMMDAVTT “oe Vendor tiie ‘roe fed it etree: ied roumdrats ~The ir hs nt ste oun lef fine pst or cre ole Cowny Projet ened ave (egs wring tocar stent of ak, splot of prt ‘jtns evening nesta diac re poorer) ih appartment for otf tote best fs nova lhe pes and sare wok on ay Colle Coty ton occ pot an guia eof dered by eof Impure sblestvity ~The fin has st pred wot o fined pt rere Coli County de ete ove wnt props / pa peromance of tale eopeta, wi eal to ‘helo te eee aia tener inperal vie he ovement ‘Unoua ace t normation ~The fm has ot ad aces ongbl lfrmaon ns pa of ks isaac os Collar County pret ented save wc may hee pode contact oan “hin wib mnt compete svg nce or eure aeons nd onc. ‘aon oth nes i, teen / edo ust poideh flomig [dines cet ae retcape hetero be don se Penicned oes, 2, Ind ite norman podued wa cine esa meter of alsa (nth “ash” or rg n- poblirotnte-anin” conven), eng) ocamen) anor ae es, elu to sae al eri or avin st aeaszaional snl noe ce mare of he tre exer hve be {Seated ny et int ule ore shone le with above efeenel pet). Bye sina non tf mplen fee ado apn) en an ry Siac at ee [Fa lswledge dbl ah ream fac coceing apse eure pase sro avy {Gone soos ruta raters) Wich fest rot Wend above bas Bn fy ‘eed deer oa on creel one Fort Construction Group of Nap swicor FLORIDA, RaNereiie coony of COAL TER “Te fap sre es ekzoweded ere me by 0 nig otnion, Ms 10 da of NOUEIADEAGoet, 2028" yeu, by LARGE ame ‘rane laawldes). {FR peo Samp Conlon Nae PNG PRICY oo a eet evr Des ponder se 120m ‘overtimearco sete 20.70 FORM 10-Vowoox Decanarion SraTEAENT BOARD OF COUNTY COMMISSIONERS (ser Cau Govern Carpe ‘Nel, e112 ea Commins: “Theva, Vado ae tah spon mde wits someon or wrrgemet with ter ‘esce ane rpc nee eps and rain gon ity tout calson oe Ed. The enor e=y ‘Siete mrcon passer esti condos, requrnet, andpeisetodscope 3 werk at Solon hve be ly xed nd ped. “he Vendor men iti sisson smi i spe, to ete Colle Conny due o h pure of ‘Sulihing tf ntact elonhip between he frm me Calle Coma rte peroneal ‘Sueno whe eolstton pers, The Vode stu at sited aed upon te Scones ied ye ebovereemoe Salon Farther th vendor ares that aver onc the os Under rset vendor wl eb silt compat nba papa be sare, performs sab ‘eador ar yaar dated wi Work that i es oh nea entect Dx YATES WIRANCE YE Hien nbd cues is NO dy NOMENA Cio ZOLCTER. vse Sueot FLORIDA Fort Construction Group of Naples nc 416000 O14 41 Road Unit 205 Neples, FL. 34110 Neste Faden Tax 62-9578708 Santer Seek chet cade “ony fret Fed ‘ephne: 298-301-4947 at er fegferda.com Senne by pied Tecn cnty tt 26780 ‘Sead pret: (Gone ieee poren 3 ; 4 | y 2 a ‘te: lp, Se, 208 Teepe: mais ‘oe servicing Car ‘Goat ope orders (egret oma) Con nae Ades iy, Sit, 2 ‘elepone at Seedy Conte Sirsa alAller cmon Tema est FORM 1 -Iuscaarion AFPOAYT CrarI.CATION ‘Ths Ataris reid old by ind trie ym ore rip of be fm ad aie with Tel Solan sca. Furr, Vandre ree ob ned Inthe Vert progr, wd poise {scape eveace oft nolier a he Se ofthe bien of be Vendor's BAe vdenee ‘Sous ofecop ttxpropty compet Ven Compa hole peg coyote fil eel Very Mowers of Uneroni ecapny wil wix rosued tine a he strson eth Vendors ‘dor wii ve (3) athe Couns Neer of Reamer Awe EAILURE 10-SXECUTETHIS_AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S ‘BROPOSALIID MAY DEEMIE VENDOR NON-RESPONSIVE, Cote Coumy wil potnenony svar Cosy conta omy Vendo wh owl employ rato rota ost vai beeper vio one In 8 U.S.C Seton 1044) Seon Sreale othe tmmigatan el Nally Act TNA) Cots Comy my srs h employment y any Vendor of ashore von of Sena 248 (6) Ste INA. Such alan byte repent fhe Employment ovis ena In Secon 4A) he TNA Sule oun unto emit ft samme by Cll Cou. ‘Yeo at ht bye fly compli whl apple gon avs pce he 1986 Imi ‘etand seus Aerie) and agrees calypso ke Meneuadan of Undeng ‘stv every and» povse proto exelent Te Empoyen Bigbly Veonen Sytem (Ve) Spey eet flan ey peewee Sey Amina a ne fabian fe Vas Fort Construction Group of Naples, Inc. rok, ‘Patan Te suteot FLORIDA cony ot COLTER ‘The ensng mans cago y meant prance 2S angio Bee Spor WOEage Bont tote "oon y WRGSS COSLERER me ot peor ako) <7 "Sire of etn Pale Sa of Poy a Tipe Sip Canton Name ofa PTET aos van to {peta eT ete uae ote ae font potion ‘reriotrcerey tan 20700 _ eae 7 IMBORTANT: No tds be consdre nn ite made nw ‘Bing Docent Pe en corey ign nthe pce ‘oul get oes fe owen anesthe ney ein tri Bid forms whlch re inde ie the natn with oor Be ate “Te Bid bsg “Te Bd per eed ave ben evi “Tepe enenoe ads ave encase Bid Sehdule bs be completed an tached. ‘ry ree ings, dvriive ere. Bae Bes ina ‘Ay delivery inmate eee is intued “ou lloving anne nda acumen have bee evened and cee in BS: 2 Comuston sit eens fe Gomme sere geomet Pacha ore ons ed sonone 4 Allott lig ms hve ee completed and se: ed Fem Fone 1) Conte Ky ermal (Pom 2) era aster For 3) Earner Sobseemsa Fam ) Salento Expereace Farm 3) ‘Trea safety Acta 6) ‘Sond Fem nm). Ture ed Bonding Requirements For 2) Conte inert Ate Fa 9) Vente Berson Sweet (Form 10) Tnspatan Law Afni een (Fre 11) MUST bese an tached wit you ‘somal or you MAY be DEEMED NON-RESPONSIVE. 1. Sloe Gt rovsone sa Asurtes package is ene, apne, ected nd ‘Bou tenis wit your aba Al mamas be xa you MAY be DEEMED 9, Copies regret ee Den aches Bono tox Rani (eller Cosy Baiests On) E Gatam's ve prof pgs or menrandu of aden {Guilin of Ashlyn Gf ane nS of rid tion) {1 Ray mee profes ene ald eure (yore) (Ger Cinera Cones, UnderpnnlUtiytd Ecrao, Ble, ‘TaleConrcors esp reuse andor eed) 10, req, thane of Bi ond ben eka nd he Bi odo case ceck as en ‘se 1, Ay ands ae bees signet ed anonlecgenen frm atashed an incur you MAY be ‘DEEMED NeNRESPONGIVE. 12, Tei wil blonde inte oe envd no ethan he pied pig dat and ine, otherwise ‘Bd cant conecOLLER coun Buses Tak mimetic: 2 usr cor causS LE PONT USNS aot ER Ee a Ea Cop, lu ronotoncormer OIDOLUme Seti TEES ee y, f y ‘ase. sosaniorees {Sasnerto BF OENERAL CONTRACTOR | sa ‘o7merac20 cxsancne 510001 oe) _ ‘hace bene toi at wove MENIceiieeeetcneyoetne ope nae Seng B, Bag pe »-E-Verify: Employer Wizad = Company Information EVerify Welcome Rebekah Witcher ‘Company Information CompanyName Fort Construction Group of Naples Company 10 Number 4331216 ‘olng Busines As (OBA) Name Physial Locaten $8000 ct 41 road sdrns 2 | unit 205 iy naples sate FL pcode 34110 county COLLIER Mating Address Intps/e-verfy.uscssgov web/Employer Wizard.aspx Page 1 of 3 = MENU hsnm20E-Verfy: Employer Wizard - Company Information Page 2 of 3 sate ‘zp code ‘Additional Information Employer entifeaon Number 823578708 Total Number of Employees 508 econ Vriteatiors for Your Company's Employees Yes Parent Organization ‘Organization Designation Employer category None ofthese categories apply Ales Code 236 - CONSTRUCTION OF BUILDINGS. Total ing Stas 1 “ota Point of Cortact 3 Viow 7 View Original MOU Template [sown] Intpsvfe-verify sss govhweb/Employer Wizards useVerily: Employer Wird- Company Information Page 3 of 3 @ ae at Login: vo32020 0845 Ne US epanmentotHomeind Seciny US. Cltznship animation Sevices Enable Permanent Tootps Accs Donnas Viewers Intpso-verify. sci gowweb/Employer Wizard aspx uan00Det by Entity Name Page 1 0f2 Domosoy Bh RXQ CO a Detail by Entity Name FORT CONSTRUCTION GROUP OF NAPLES, NC ‘inant Docu Number pY7eouET EIEN Number ezasraron sie some Laat Event ‘enue Pen tn tom oun, uN 5 orscer) unre Agr nana Acs ‘SPIEGEL UTRERA PA soo SHO STR ATH owexer, KEW reer sates rapuss, esate tneplsearch sunbiz.orgnquiry/CorportionSeareh'SearchResul:Detail¥inguirytypeEntity... 11/9/2020Deal by Entity Neme Page 20f2 wren, oRooKs ‘00010 48, UN 28 dooutmaats emma uct fume —eorenPe_—] -ntp/search sunbi.orgnquiryCorportionSearehSearehResultDetiltinguirytypeEatity... 11/9/2020STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION INSING BOARD Do not alter this document in any form. “Ths s your license. Iti unlawful for anyone other than the licensee to use this document.(CONTRACTOR'S KEY PERSONNEL ASS! ‘THE PROJEC Personnel Catedory Ross Johnson/Edvard Acevedo Construction Superintendent Brooks Witcher Project Manager Contin Seren Aur: Renae 2520)12/23/2020 Collier County BOCC 2800 N Horseshoe Rd. Naples, FL3410¢ RE: Principal: Fort Construction Group of Naples, Inc. Bond#: 54225173 Project: Caxambas Park Community Center Please accept ths letter as your authority to date the bonds and power of attorney ‘concurrent with the contract date. Please forward a copy of the dated bonds and power of attorney to our office via fax: 239.791.1074 Please call our office with any questions. Very truly yours, Bonds ‘Attorney in Fact for Surety SURETY BOND & COMMERCIAL INSURANCE EXPER'S ‘surtybondscom | 289.2439729 1 066.978.2185, 5230 Sune nConnons Woy, Ste 30? |For tye Fi 2a607 HAE SMITH So%s*Document issued to comply with the Florida Statue Chapter 713.245, Front page of Performance and Payment Bond ‘Bond Number: 59225173 Surety: UNITED FIRE & CASUALTY COMPANY Local Adress: '5260 SUMMERLIN COMMONS WAY SUITE 302, FORT MYERS, FL 33907 Phone: 239.243.9729 contractor: FORT CONSTRUCTION GROUP OF NAPLES, INC. Owner: (COLLIER COUNTY Boce Obtigee Name: ‘COLLIER COUNTY BOCC Contract Number: 20-7790 “Amount of Bond: $,375,401.00 Project Description: ‘CAXAMBAS PARK COMMUNITY CENTER Leyal Description of of Property: NA SUBCTY BOND A COMMERCIAL INSURANCE EXPERTS ‘FUSuetyBends.com | 239.243.9729 1 866.976.2185 5240 Sanna nGanmots Wey, Sste 302 |For myer £1. 30907 CEN SMITHEsoxos*TTB# 20-7700 Bond No, §4225173, Contract No. 20-7790 ALL, MEN BY THESE PRESENTS: That FORT CONSTRUCTION GROUP OF NAPLES,ING.__, es Prindpal,_and ———"“ONTEDFIRE & CASUALTY COMPANY ~~" as Surely, Toeated —at 118 SECOND STREET AVE SE, CEDAR RAPIDS, IAG2407_ (Business ‘Adress) are Hald and fmly bound to INTY BOCC ‘as Obiiges in the Um of _ove muons naan soe ove anon wo oe couan ($_1,375,401.00 ) for the paymert whereof we bind ourselves, our he, executors, personal representatives, successors fand assigns, jointy and severally, WHEREAS, Principal has entored into @ contract dated as ofthe ___day of 2020, | with —Obliges for (CAXAMBAS PARK COMMUNTIY CENTER ih ‘accordance vith drawings and specications, which coftract is ‘earporated by reference and made @ part hereof, ands refered to herein as the Contract ‘THE CONDITION OF THIS BOND Is that If Principal: Promptly makes payment to all claimants as defined in Section 256.08(1), Forde Status, ‘supplying Principal wih wbor, materials or supplies, used uirsaly vs inlieely by Principal he prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains Inf force, ‘Any changes in or under the Contract and compliance or noncompliance with any formalities ‘connected with the Contact or the changes do not affect Suretes obligation under this Bond, ‘The provisions ofthis bend are subject to the time limitations of Section 255.05(2). In no event \ilthe Surety be liable nthe aggregate to claimants for more than the penal sum of this Payment Bond, regardless ofthe number of suits that may be fled by claimants IN WITNESS WHEREOF, the above partes have executed this instrument this 22. day of '20Z0 | the name of each party being affixed and these presents daly signed iy is undersigned representative, pursuant to author of its governing body.PRINCIPAL FORT CONSTRUCTION GROUP OF NAPLES, INC. Witnesses as to Frnipal KS WATCHER STATEOF __FLORIDA ‘COUNTY OF The oregon nesunont was ecingwledgd bles ma by mang of phys prosenae or & rotarizaton, . this 22 day D by ee a ‘corporation, on Behl Sr Be ecteatcn eiane CBee jo me OR has produced ‘dentiication and did (ahd not) euro pay ‘Commission Expires: 1 .: 2 4 bid Petes: 1e/r/e@r a Cstcee Lelia CREE Fis i seca Pp neEaT ete fooynate NAME: 3 Y a tnt ae) come rr orFIn sen) fete saat eae shal Commission No: = HHOS3G 84 a a a ee ara — a - ae —————— marr ‘Cen Sars Agate Rated 6250 (7MATTHEW T SMH) / Princ Name Vi 1118 SECOND STREET AVE SE CEDAR RAPIDS, 52407 Business Aadress) — 239.243.9729, Tratephone Nombery STATE OF FLORIDA COUNTY OF ‘The foregoing instrument was acknowledged before me by means of physical presence or C) conling “notaization, this _21 day of _DECEMBER 20.20, by MATTHEW T SMITH. Tas ATTORNEY IN FACT a PANY a TOWA. ‘corporation, on betall of the corporafon. ” Helshe is personaly Known to me OR has produced PERSONALLY Ki ‘38 Identification and dd (aid not) ‘ake an oat, AS, { My Commission Expires: (inature of Notary Publey osnaess cmon Name: ___LORIA SANDERS ioe eeee Legit Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of; FLORIDA, Commission No.: _GS302537 Cent Srns Aumont Reo 022007) 81TH 20-7780 ‘bond No,__54228173, Contract No, 2057760 KNOW ALL MEN BY THESE PKESENIS: That FORT CONSTRUCTION ROU! PLES, INC, at Pineal, ad UNITED FIRE & CASUALTY COMPANY Surety, Tocated a TS SECOND STREET AVE SE, CEDAR RAPIDS, 1A 52407 Ce ee ne) ‘COLLIER COUNTY BOCC. fas Obiigos in the sum of FIVE THOUSAND FOUR HUNDRED AND ONE DOLLAR {_1.375,407,00___ for he payment whereof we Bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and several. WHEREAS, Principal has entered into a contract dated as of the day of » 20, wih“ Obigee for —_—"GaXANBAS PARK COMMUNITY CENTER ___in acardance with drawings and specifications, which contract is Incorporated by reference and made a part hereot, ands referred to harein asthe Contract. ‘THE CONDITION OF THIS BOND |s that i Principal: 4. Pesforms the Contract at the times and in the manner prescribed in the Contract; end 2, Pays Obligee any and alllosses, damages, costs and attomeys' fees that Obigee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, Incured by Obiiges; anc 3, __ Performs the guarantee of all work and materials furnished under the Contract forthe time ‘specified inthe Contract, than this bond is vod; otherwise itremains in ful force. Any changes in ‘oF under the Contract and compliance or noncompliance wih any formalities connected with the ‘Contractor the changes do net affect Sureties obligation under this Bond. “The Surety for value received, hereby sipuates and agrees that no changes, extension of ime, aterations or additions te the terms ofthe Contractor other work to be performed hereunder, oF ‘the spectications referred to therein shall in anywige affect is obligations under tis bond, and it ddoes hereby waive natice of any such changes, extensions of tm, alterations or addltons to the terms ofthe Contractor to work orto the specications. ‘This instrument shall be construed In all respects as 2 common law bond. It is expressly understood that the time provisions and statute of imtations under Section 256.05, Florida Statutes, shall not apply to tis bond, Inno event wil the Surety be lable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless ofthe number of sults that may be fied by Obligee. WITNESS WHEREOF, the above parties have executed this instrument this ZZ. day of 20 2co, the name of each parly being afftked and these presents duly fed by ie undersigned representative, pursuant to author of ts governing body. ‘cennoion Sane Aguaman: Rees 024207) ©“De ‘Witnesses as to Prncinal NAME: stateor ELORLDA COUNTY OF oe ete ‘Signee, sealed gnd delivered nthe a PRINCIPAL FORT CONSTRUCTION GROUP OF NAPLES, INC. By: }ROOKS WITCHER = e was. sg.by means of physical presence or CI Ta epi taner an ach ocd De By \AXpnysical prosenc cine noterzaion, . this Beha of the corporation. fe ake an cath My Commission Exar Jo 4/2241 eon ke ee ne toreranar (AFFIX OFFICIAL SEAL) 20, <> by ee ft corporation, oh Te OR has produced 6 identication and did (did not) snis WE hagene © am SNe (Logibly Printed) Notary Publ, state ot FL ‘Commission No. “ ora Ses Aoumare Revd 0282017) ©ATTEST: SURETY: —— ‘Prted Namo) (Gasiness Aaarossy NA ‘aorzed Signature) NA ‘Wiinesses as to Surety Ke Studie “rw ‘Winesses Tan Priniod Namo HE SECOND Srneer ave se”) Ti eoe eer ese (Bisiness Aaarossy 230.243.9728 TFatephone Number) staTeo= FLORIDA COUNTY OF "TEE ‘Re toecnalsturentwas egpotod bre ney nes of psa ese or anlne ota ouceieR é ae ac) TRS dln it aD nes CAS Oo — "Ren on Sat ag SaaS NC Nps Tar pa OR weld SREY ici or een ied iwemoas a ty connn She ae ote ass tes Bente Lonia saoenS y - March 2, 2028 cm Tamar ites (AFFIX OFFICIAL SEAL) ‘Notary Public, State of: FLORIDA _ ‘Commission No" — GG°302857 ‘cent Sven enn Revs 02520 (7)‘GriiieD COFY OF POWER OFA (clea Ae atone Of of Capa See Oto) “NOW ALL FsonS by THESE RESET, Ta ene & Cay Copy i ay ope! txt dg ‘te Sats of hm Uste e & Inety Compr. See a eee gence eet Tes ot amc eco aun Comper, t coors aera al et ee ait uy eet the Compa) nl vg et orp edu Co Sede vari T. SMITH, HEATHER A. PARUTA, JESSICA J. MARTIN, LORE A. SANGERS, EACH INOTVIDUALLY ‘UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA. Tagua; Sur UNITED FIRE IRDEAANETY COMPANY. WEDSTER, TX sions FINANCIAL FACIG INSURANCE COMEARY, ROCKLIN, CA cedar ap 1A Se mt ier Apne rt joe et eaten by ee lt al er en, ‘Saeed oer hiya fcr me pve tsa ton at SECIS why ep coe saa mete ete ory RS eo be raps SESasse stat nn, pac © whens Sell prety ell atta ‘AoE non et ey of Cte, 22 ns more eked Fe &Cely Sega, Uae Foe ety Copy, omc cts ace Co o Ths of Any de prt yet of eri i a nel x My, 2 ye ot ‘Dereciors of Uae Fee & Casualty Company, Uniied Fie & indemnity Compmy, and Financial Pacific insane Compan ma ‘eso emerson Copan cu te of ete ea rag eer a ee ‘esteem i tye ca ey ai > pone tama ‘Senne al lung sh peso rae aera hw Semanal ste’ Scharrer ne {gc stot Su tae rb Spain aS ef eer ta fen Pn yew Pt, af Dt ayn feof Comp nape a pe a ey esonlrgenwiny omer [UNITED FIRE a INDEMNITY COMPANY. ae eee aerials » De fp Eh In WTWESS WHEREOF, oe COMPANTES he ea cased hes peas sg yf ‘ee resided soporte salt beBeeo dds 29th day oF October, 2020 UNITED PRE & CASUALTY COMPANY Vee rsd Set el ys, pf ars Bil SA ta Vr of nbd Fe ee Prat of Usa "Fe & ldeanty Coney, sal «Ve Pest of Feacel Poste lnsrace Company Capontens atid hwnd wi cae he aay rena al Cae Ge a wl pene te a ed ll See cee Ot nid remy eon cf Der meni a et apse pronation dea of il corpations. qos |, Mary A Bere Asstt acer of United Pr & Cathy Compr ad Auta Serr of Une Fi idey Copan nd Ait icin of Fors Putney Company, do bony ety diane coop be gp yo x Power of Asura so aie Besa ie Seton wr ent fr sd Pr of Atty ir ORIGINALS ON FLEIN TE [HOME OPFICE UF SAID CORPORATIONS nth ame we cet tamer how p of ie ook fe ni erga a he al Power of Atte) sot en eo mi iw el fee nt Tatetinny wow ave ees nce nen i hepa sl of ead Coxprtins rs; rely oa dreceurareincEXHIBIT B-5: INSURANCE REC TS “The Contractor shall atts own expense, cary and maintain insurance coverage from responsible companies duy authorized to do business in tho Sate of Fora as set forth in EXHIBIT B of tis Solettation. The Contractor shal procure and maintain property insurance upon the ene project, if required, tothe ful insurable value ofthe scope of work “The County ané the Conractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents anc employees of each and all of them, al camages Covered by property insurance provided herein, except such rights 8s they may have to the proceeds of such insurarce. ‘The Contractor and County shal, where appropriate, requir similar traivers. of subrogation ‘rom the Counly’s separate Contractors, Design Consultants and ‘Subcanlractors and shal quire each of them to Inctude similar waivers in their contracts. CColier County shal be responsibie for purchasing and maintaining is own laity insurance CCertficates isuad as a reuit of the award ofthis solitaton must identify “For any ancl all work performed on behalf of Colier County” of, the specie soictation numbericontact number and fie, ‘The General Liabilty Poley provided by Contractor to mest the requirements ofthis solicitation shall name Coller County, Flonda, as an additional insured as tothe operations of Contractor Under this solicitation and shall contin a severely of interests provisions, “The Certticate Holder stall be named as Coller County Board of County Commissioners, OR, Board of County Commesioners in Collier County, OR Collier County Government, OR Collier ‘County. The Gerioates of Insurance must state the Contract Number, or Project Number, oF pedis Project deccriston, ar must read: Fer any and all week performed on Behalf of Golier 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 of their equivalents. If Contractor has any selt-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 eel insured retentions or deductibles and provide satsactory {evidence of nancial responsiblity for such obigations. All sefinsured retentions or deductibles ‘willbe Contractors soleresponsibity. Coverage(s)shallbe maintained without interruption from the date of commencement of the Work tint the date of completon and acceptance ofthe scope of work by the County or a specified in this solctation, whichever Is longer. ‘The Contractor andlor ts insurance carter shall provide tity (20) days writen notice to the County of policy cancelation r nan-renewal on the par ofthe insurance cari or the Contractor ‘The Contactor shal also notfy the County, ina like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancelation, nonrenewal or material change in coverage or Inte received by Contractor from is nsurer and nothing contained herein shall eieve Contractor of thi requirement fe provide notice. In the event ofa reduction in the aggregate limit of any policy to be provided by Cantactor hereunder, Contractor shall immediately take steps to have the ‘aggregate It reinstates tothe full extent perited under such policy.Should at ny time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at ts sole discretion shall be authorized fo purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fais to reimburse the County for such costs within thity (80) days after demand, the County has the Fant fo offset these costs from any amount cue Contracior under this Agreement or any other ‘greement between the County and Contractor. The County shall be under no obligation to purchase euch insurance, nor shal it be responsible forthe coverage(s) purchased or the Insurance company or companies used. The decision ofthe County to purchase such insurance {overagels) shall no way ba construed to be a waiver of any of ts rights under the Contract Documents, Ifthe intial oF any subsequently issued Cerificate of Insurance expires prior tothe completion of te scope of work, the Cenactor shall furnish fo the County renewal or replacement Ceticate(s) of Insurance not later tran ten (10) calendar days after the expiration date on the certificate, Failure of the Contractor provide the County with such renewal certticate(s shall be considered |ustfieation fr the Couny to terminate any and all contract. Contain Sees krone Rawses 62520)Insurance / Bond Type {C1 Were’s Compensation De mployers Litity commercial Genera ity (Oseurrence Form) pattored ate he curert Diinderniation CLautomebie Labity Collar County Florida Insurance and Bonding Requirements Required Limits ‘Stautory Lins of Florida Statutes, Chapter 440 and all Federal Government ‘Statutory Limits and Requirements Evidence of Workers’ Compensation coverage ora Ceticteof Exemption issued byte State of Flonda a rqured. Enis that reformed as Sole Propitorships Sal nol be recuird fo prende a poo! of exemgtion. An application for exertion fan be ebiined one a Hips aos Fasc u s single mt per occurence Body injury and Property Damage $. single tit per ooeutenee, $2,000,000 aggregate for Boslly niu {iaoiny ana Propary Oarage Llabity.This shall clude Premises and Operations Independent Contractors; Products and’ Competes. Operations and. Conactual aba ‘To tha maximum extent permitted by Fonda law, the ContractorVendor/Consulant shal delend:ndermnfy and hols harmless Colir County, ts ofors and employees ftom any and al ities, damages, osses and costs, ncludng, but not Ime fo, ‘Sanonable atoreys' fess and paraiogale” foes. t0 the extent caused by the hoglgence, "recdessness, or’ ntenfonaly wrongful” conduct of” the GonactoivendorConsutant ‘or anyone employed or tized by the Gontracion\vendorlGenautant inthe peromance otis Agreement 8 Each Occurence; Bos Ijury& Property Damage, Smneamerawaanired muomobe owas Water 5 Per Occurence 1D United statet Longshoreman's and Harbowerker's Act coverage shall be ‘aitalned where apaeabof the completion ofthe work. . Per Occurence Marine covrage ones Ac) shal be manne wher apa fo he ‘complain ofthe wore s Per Occurrence DAirerat Usbilty coverage shal be casein its of not ess than 5,000,000 each ‘ecurance #appizabl tothe compton ofthe Sanveas undo this Agreement. . Per Occurence. Patton $___ Por occurrence Crotessonaltissity 8. Per aim & nthe aggregate ‘54,000,000 per claim and inthe agarenete {$21000,000 per clam and in the aggregate [Project Professional Lisbilty 8 Per Occurence [Cvatuabe Paper insurance 8 Per Occurence onan Secs kraemant Rese 52507)Deyeer titty 8 Per Occurrence LD eemelogy Erors 8 Omissions Per Occurence 7. Cis bond ‘Sail be submited with proposal response inthe form of erties funds, cashiers ‘hack er an sreverable lle of ereat, a cash bond posted wah the County Cle, or ‘ropoeal bene n'a sum equal to 8% ofthe cost proposal. Al checks shal be made payable to te Coier County Board of County Commissioners on a bank or tust Eotnpony ‘vated inthe State of Florda and insured bythe Federal Depest Insurance ‘Corporation 8 OPertormance end For projects in excess of $200,000, bonds shall be submited with the exocited Payment Bonds {Shifacl by Proposersrecelang ard, and wlan for 100% ofthe Contact award famout, te cost bore by the Propose reelving an award. The Performance sn Paymant Bends ena be Underwtiten by @ surety authorized to do business inthe Slate of Fleisa and ohernise accoptable to Owner, provide, however, the surely ‘Shale rated aA or batter a to general pole haldars rating and Class V or higher Faing eto nancial se category ana the amount required shal not exceed 5% of {ho reportee poly holsere surplus. alla reported nthe mostcurant Best Key Rating (Goi, pubished by AM. Bost Company, In. of 75 Futon Steet, New York, New Yor i0038, 9. Cl Consultant shall ensure that al subcontractors comply wih the same insurance requirements thathe 'srequved fo meet. The same Conautant shal prove County wih ceriicats of insurance meeting ‘he required insurance prowsans. 10.1 Colier County must be named 2s "ADDITIONAL INSURED" on the Insurance Certificate for [Commercial General Leb ware requies, Ths Insurance shal be primary and nor-contibutory wih ‘respect any ether insurance maniaine by, 0” svaiab fr te Banoo, the Addon! Insured and the Contractors poley anal be endorses accoringy. 11. C] The Cotiicate Holter shal be named as Cole County Boar of County Commissioners, OR, Board {County Commissiorer in Colter County, OR Colter County Government. OR Colier County, The Gerieatee of Insuarce must slate the Contact Number, or Project Number, or spectic Projet Sescnpton, or ust rest: For any and al work performed on behalf of Cobar County. 12 C] Thirty (30) Days cancelation Notice required. Consultants Insurance Statement ‘Wie understand the Insurance requirements of thee specications and thatthe evidence of insurabiy may De required within ve (6) days ofthe award ofthis salsa. Name of Fm ba Gonsutant Signature Prine Name Insurance Agency Agent Name Telephone Number Conetn Secs Araart Rene 52520)EXHIBIT C: RELEASE AND AFFIDAVIT FORM ‘COUNTY OF (COLLIER) STATE OF (FLORIDA) ‘Belo me, tba undersigned suo, personaly appeared (who ata baing duly som, doses and sys (1) Jn accordance withthe Contract Documents and in consisraten of tobe reveives (Contactor) riasss and waive fr aa end ts ‘Suocorteio, ator, suaeassor abd sangre: all Sams demands, danapes, cosis and expenses, ‘they contac o not agen the Board of County Commoners of Caller Gaunt, Fea, relating ny "way 12 the. porrmance of tha Agroment”bstwoon Contactor and Owner, dated 20 oe period tom — ne Fata Waar apd aleare Rcondtioned upon payeit ote Snsiavation deserted above, Ws rake {nti sald payrnert ie ecaven pas funds (2) Contacte oats for taf and its suboonvactos, metaalmen successors and assigns ht charg foriabor, material supplies land, Hoanees and the expenses fr whlch Our might be sd ofr which & fonora dontdagsina any payment bond mh ies, shale aly salsied and paid upon Onno payment to Contract (9) Contactor agrees te insnty. defend and save harmless Owner rom all demanso aus, cons, cans bftens or ther eharges fd or atseiedaganst the Gurr arising out ete porermance by Contactor of he ‘irk covered by fs Relea and Ata (4) TMs Release and Atv fe given in connection with Conretars fmentnytial]Appicaton for Payment CONTRACTOR ‘ness rs Present are: ‘itnoas (Corprata Sea STATE OF COUNTY oF “Ta forgoing insturant was acknowledged belore me by means of Q physical presonce or Donne eas a eG eer EE a eareraon Tete personaly —Wraan Te — ma OR” “has redued ‘28 |deritieaton and id (no ak an ost My Commision Expres eras a Naty Posie) Nae Toeiby rad ‘oar Puli, Sate of (AFFOX OFFICIAL SEAL) ‘commoner No: ‘oretn Sonics Agent: Rene 9525204)exHiait FCRM OF CONTRAGT APPLICATION FOR PAYMENT Caliar Counly Borda? Counly Commissioners (he OWNER) or Caller County Wa ‘Owners Prose rf Bid No. Manager's Name: | Projet No [County's OWaion Rare Purchase Orr No. ‘Submited by Contactor ‘Applcation Date Represeritve: Namo a Contocars Names Payment Applicaton Ne arse | oeminal Contact Tee ‘riginal Conract Pcs = Revised Convact Time “olsi Change Orders Dai [§ Revised Contract Amount. 5 Total Value of Work Compisteg |S - Stores to Da Retanage QO TS Retainage @ 10% trough feat | © through insert Dato} | si Feianage@_——% | € Toss Ratanage ater [inser sa. "Toa Famed Lass Ratainaga | § ____[Less previous payments) Porcont Work Competed % [AMOUNT DUE THIS ¥ toa ‘APPLICATION. Percent Conrad Time * Completes to Liquitstes Damagesto |S Remaining Corvact Balance 5 Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION “The undersigned CONTRACTOR cetfes that (1) al previous progress payments received fam OWNER on aosount of ‘Werk dene under the Contract refered fo above have been apple to dscharge in ful al cblgations of CONTRACTOR Inoured in cannacton with Work coved by pri Appleatione fer Payment numbered {though incisive, 2) tle {Bal materials and equipment ncerported in aad Werk or otherwise std in or covered by ths Applation for Payment ‘wh pats to OWNER ans of pyran! ree and eta of a len, clams, secur terests and encumbrances (excep such covered by Bond accapable 6 OMNER) (3) al amounts Nave been pad fr werk which oravous payments were ssued Sand reeled rom the OWNER and that currant payment now due, ana (4) CONTRACTOR has only inuded amounts inh Applaton for Payment propery due and owing and CONTRACTOR nas rt icludee wih to above referenced fmaunt any elas for unauthorized Or changes Werk that has not been propery approved by Owner In writg and in ‘vance of sich Week Constors Sanat Dae Tipe ie ‘Shal be sned by an aaharzee ‘Payian to ie CONTRACTOR fore above AWOUNT OUE THIS APPLICATION vocommended by: ‘Sebi Professors Nae : ‘Sarat. Dae ‘Baymont ia CONTRACTOR fara above ANOUNT OUE THIS APPLIGATION's recommended by: ‘Ounars jest Manager Nar — Sina — corer Secs Ageract: Reed 525007)tanner ei: rio onan eden ‘gn te hpesiterampnoan docsany vain pecrte hres eno aaeqsane saben Me Contuctin Sees Aron Rases 52529)exhibit (Continues ‘Stored Materials Record Fomula:A+8-C-0 26 x B c 3 z Tavoice | Previously | Received | Previously | installed | Balance To Date Description | supplier | Number| Received _| This Period | Installed | This Period | Install onan Secs Agaart Rennes 25207)EXHIBIT E: IE ORDER {An electronic data entry form may be found at: tebe orviASDIPuret ms | eta] reo [ TF] vente] | ‘Sala BC fpponlons Ram aw She Socmtenston doe et. sore) eer sel —_T'gnre|__Jasteteg twemteet | rat” eatswan Sani ohne eran ceeremremr msi easy cece Soe eee et tt rum Rana DRT ‘enndcomone sets as dare wayne seen REE aru Seven Aen Rie 962520)EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No PROVECT: Design Professional's Project No ‘CONTRACTOR contact For Contact Date ‘This Cerfcae of Substantl Completion appli toa Work unde the Contract Documents or tthe follwing species parts terect, ‘owNER ane To ‘Substantial Completion the state In the progress of the Work when the Work (or designated portion) fs sufcienty complete In accordance with the Contact Documents so thatthe Owner can ‘ecupy oF utlize the Work for is intended use. Tha Work to which tis Cetfcale apphes has been ‘tepectd by authorized regresenatvas of OWNER. CONTRACTOR AND DESIGN PROFESSIONAL, and that Work i hereby deciared tobe substan complete In accordance wth the requrements ofthe ‘Contract Documents on ‘GATE OF SUBSTANTIAL CONPLETION A tentative it of ems fo be complete or corectod is tached hereto. This lst may not be alinclusive, fra the fale fo nous an em in doesnot ater the espoasiblsy of CONTRACTOR to corel al the ‘Workin accordance wih fe Contract Documents. The tems inthe tntatv Ist sal be completed ‘comected by CONTRACTOR wih (Says of the above date of Subeantal Completion, ‘Te respasibites between OVINER ang CONTRACTOR for heat, ute, insurance ara warranias sha be follows: curity, operation safety, rainenancs, onetin Sees Aeract: Rented 8252007)RESPONSIBILITIES owner ‘CONTRACTOR, ‘The atoning documenta we Mashed Wo and Mada a pan OTe Conte “Fis corfeata does rot canes an aovoplanae of Work nat accordance wih the Conant, Decumants rors ta relemte of CONTRACTOR'S caligaton to complete the Workin socordance wth the (Contact Dosuments Executed by Design Professional on 20 asign Profesional 8 “Type Wane and Tile CONTRACTOR accepts this Certeste of Substantial Completion on Es CONTRACTOR By Type Namie and Te COWINER accepts his Certeae of Substantial Completion on 20 OWNER er Type Name ana THe conenn Seca Agurart Reed 82520 (07)[EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No. Project No Contractor ‘Te oewing tere pave boon eosured by The forthe Project knonm as. eae ‘and fave been reviewed and found.o comply wit he raqurenants tthe Contadi Doament (Orginal Contract Amount Final Contact Amount Commencement Oat ‘Scbatanal Compation Te as ster nthe Agreement Calendar Days, 'Retual Dat of Suolanta: Comeleton: Final Completion Teme as eat orth in te Agreement Coendar Days “Aeual Final Compo Date es No 1, AlPunch List tems completed on 2. Warrantes and Guarames assigned o Owner aac fo te orn 3 Effesive dele of Ganaral ana year waranty fam Contractors 4 ‘Teapies of Operation and Wairienancs anual or squipront and “system submited st manuals attachment to this frm) 5, Ae-Bulkdreuings obiained and cates 8 Oimer personne rained on system and eqUBMEN operation. 7. Contest of Occupancy Ne. Issued on Tatach ioe Tray Centiiate of Sibatanal Carplaion Baus oF Fil Payment Apiation ans Attsavis recevad For Cantaear or 8 8 10, Consent of Sway vecaned on 1S. Opratng Doparimont personnal nollied Pejat ia opsratng PSPS 12. Ai Spare Pars of pedal Tools provides to Gomer Friahed Flea Elevation Corea provided to Gant A 14, Ofer any of the above isnot asplenbl, deal by NIA” NOs cheskod or any of ie above, atach ovpianation Aekrewedgrents: By Contactor (Company Name) (Signatur) (Types Name & Tite) fy Design Prfessona: (im Name) ee Cn (Typed Name & Tie) By Owner: (Deparment Nar (Senate) Name & Te) Canaan Serene Ament Reie 6252007)EXHIBIT Hi: GENERAL TERNS AND CONDITIONS, 4, INTENT OF CONTRACT DOCUMENTS. 1.4. Itis the intent of the Contract Documents to describe a functionally complete Project (or portion thereof © be corsructed in accordance with the Contract Documents. Any work, materials ‘or equipment thal may reasonably be infeed from the Contract Documents as Being required to produce the intended resut shall be supplied wether or not specifically called for. When words finioh have a well-known technical or trade meaning are used to describe work, materials or ‘equipment, sich words shal be interpreted in accordance with thal meaning. Reference to standard Specifications, manals or codes of any technical society, organization or association orto the laws or regulations of ary governmental author having jurisdiction over the Project, whether such reference be specife of ay impication, shall mean the latest standard specification, manval, code, law or regulation In effec at the me the Works performed, except as may be otherwise specifically stated herein 1.2. tf before or during the performance of the Werk Contractor discovers a conflict, error or Giscrepancy in the Contact Documents, Contactor immediately shall report same to the Project Manager in wriing and before proceeding with the Work affectea thereby shall obtain a writen interpretation or claifeaion from the Project Manager, sald interpretation or clarication from the Project Manager may require Contractor to consut decly with Design Professional or some other third party. a8 directed by Project Manager. Contractor shall take eld measurements and very field ‘condtions and shall carefully compare. such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of he Work 4.3. Drawings are infanded to show general arrangements, design and extent of Work and are notintended fo serva asahop drawings. ‘Speciiations are separated into divisions for convenience Of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent ct any part ofthe Work. Inthe event af a discrepancy between or among the Grawings, specications or other Contract Document provisions, Contractor shall be requited to ‘comaly with te provision which is the more retitive o stringent requirement upon the Contractor, fs determined by the Prject Manager. Unless otherwise specifically mentioned, all anchors, bolts, Screws, ftings, filers, haraware, accessories, tim and other pars requfed in connection with any potion of the Work to make a complete, serviceable, finished and fist quality installation shall be fumished and install es part ofthe Work, whether or ot called for bythe Contract Documents. 2, INVESTIGATION AND UTILITIES. 2.4 Subject to Sectien 2.3 below, Contractor shall have the sole responsibly of satisfying itself ‘concerning the nature and lation ofthe Work ad the general and local conaltons, an parcial, ‘ut without limitation, wih respect othe folowing. those affecting transportation, access, disposal handling and storage of materials; avalabilty and qualiy of labor, water and electic power, ‘vallabity end conation of roads: work area! ving fects; clmatic conditions and seasons; Bhysical contions atthe worksite and the project area as a whole; topography and ground surface Ennditions: nature and quantity af the surface materials to be encountered; subsurface conditions; equipment and facies needed preliminary fo and during performance of the Work; and all other Coste associated with euch performance. The falure of Contractor to acquaint itself wth any ‘plicable conditions shal not relieve Contractor fiom any ofits responsibilties to perform under the Contract Documents, ror shall t be considered the basis for any claim for adatonal time or compensation, cana Serene Aeon Reise 1625207)22 Contractor shal cate all existing roadways, rallays, crinage facities and utlty services above, upon, or under the Project site, said roadays, allways, cfainage facities and ullties being referred to inthis Sub-Sestion 2.2 as the "Usties™ Contractor shal contact the owners of all Utiles to determine the necessity for relocating oF temporary interrupting any ilies during the Construction of the Project. Contractor shall schedule and coordinate its Work around any such Telocation or temporary sevice Interupton, Contractor shall be responsible for propery shoring, Supporting and protecting all Utes stall tres curing the course of the Work. The Contactor is responsible for Soordinaing al ther utity work so as to not interfere with the prosecution of the Work (except those ufiies to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 23 Notwithstanding anything in the Contract Documents to the contrary, it conditions are fencountered atthe Projct ste which are () subsurface or otherwise concealed physical conatons ‘ahion lifer mateialy fom those Indleatea in the Contract Documents or (i) unknown physical ‘condone of an unususl nature, which differ materially ffom those ordinary found to exist and (generally recognized ae inharent In eonstuotion activites of the character provided for in the Contract Documents, and whieh reasonably should not have been discovered by Contractor as part ofits scope of ste investigative services required pursuant tothe terms of the Contract Documents, then Contractor shall provide Owner with promot writen notice thereof before conditions are lsturbed and inno ever later than tree (3 calendar days after frst observance of such conditions. Owner and Design Prcfessional shall promptly investigate such conditions and, f they difer materialy and. cause a increase or decrease in Contractors cost of, or time required for performance of any part the Work, Owner will acknowledge and agree to an equitable adjustment {a Contractor's compensation or time for performance, or both, fr such Work. if Gwner determines thatthe conditions at te sta are not materialy diferent ffom those indiceted in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of ts investigative services, and that no change inte terms ofthe Agreamant is justified, Owner shal so ral Contractor in wring, stating its reasons. Claims by Contractor in oppostion to such ‘etermination by Owner must be made within seven (7) calendar days sfier Contactors raceipt of (Owner's writen determination notice. If Owner and Contractor cannot agrae on an adjustment to Contractors castor time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with bythe partes. 3. SCHEDULE, 3.1. The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to roject Manager, for their view and approval, a progress schedule for the Project (hersn "Progress Schedule), The Progress Schedule shall relat to all Work required by the Contract Documents, and shall lize the Critcal Path method of scheduling and shall provide for expadilous and practicable execution of the Work within the Contract Time. The Progress Sched shall indicate tha dates fr stating and completing the various stages ofthe Werk 22 The Progress Schedule shall be updated monthly by the Contractor. Al monthly updates to the Progress Schedule shall be subject tothe Project Managers review and approval. Contractor shall submit the updater to the Progress Schedule with is monthiy Applications for Paymont noted below, The Project Manager's review and approval of the submited Progress Schedule updates shall be a condition precedent othe Owner's obligation to pay Contractor. 3.3. Allwork under ths Agreement shall be performed in accordance wth the requirements of all Caller County Noise Orsinances then in effect. Unless otherwise specified, work wil generally be Contusn Sones tranart Renae 82520)lites to the hours of 7 am, to 7 pm, Monday through Saturday. No work shall be performed Outside the spacfiee hous without the prior approval ofthe Project Manager 4. PROGRESS PAYMENTS. 4.1. Porto submitig its fist monthly Application for Payment, Contractor shal submit to Project anager, for thei review and approval, a schedule of values based upon the Contract Price, isting the major elements of fre Work and the dol value for each element. After is approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly ‘Applications for Paymen.. This schedule shal be updated and submitted each month along with & Completed copy of the Application for Payment form signed by the Contractor's authorized ‘representative and attached tothe Agreement as Exhibit D. 4.2 Proto submiting Is fist monthly Application for Payment, Contractor shall provide tothe Project Manager the listof is Subcontractors and materaimen submited with its 8d showing the ‘work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowiedges and agrees that any modifications tothe list of Subcontractors submited ‘wih Contractors Bid and sny subeequenty Wentfied Subcontractors ara subject to Owners proc “writen approval. The frst Appleton for Payment shall be submitted na earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Gwner in ie sole discretion, Contractor may submits Invoice for any required Payment and Performance Bonds pie tothe fst Application of Payment provided that Contractor has furnished ‘Onner ceried copies othe recapts evidencing the premium paid by Contractor forthe bonds. 4.3 Unless expressly approved by Ovmer in advance and in wrting, said approval at Owner's Sole discretion, Owner isnot required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested onthe basis of materials and equipment not incorporate ino the Project, but delivered and eultably stored a the site or st ancther location, Se Such payment and sorage have been agreed to by Owner in wring, tie Application for Payment also shal be accompanied by a bil of sale, Invoice o ether documentation warranting that he Owner has received the materials and equipment fee and clear of aliens, charges, secu inteests and encumbrances, together wth evidence that tne materials and equipment are covered by appropriate property ineurance and aher arrangements to protect Owner's interest therein, all of which shall be Subject tothe Overs satisfaction, Thereafter, with each Application for Payment, Contractor also Shall complete and submit to Owner as part of ts Apolication for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit. 44 Contractor shall submits monthly Application for Payment tothe Project Manager or his or her designee, as directed by Owner (which designee may Include the Design Professional). After the date of each Applicaton for Payment is stamped as received and within the timefames set forth in Section 278.735 F.S, the Project Manager, cr Design Professional, shall ether: (1) Incicate its ‘pproval ofthe requesied payment; (2) indicate ls approval of ony’ portion of the requested payment, stating in writng ts reasons therefore; or (3) return the Applicaton for Payment tothe Contractor inicating, nwrting, the reason for refusing fo approve payment. Payments of proper Invoices in the amounts approved shall be processad and paid in accordance with Section 218.736, F'S_and the administrative procedures estabished by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively 45 _Intheeventof alotal denial by Owner and return ofthe Application for Payment by the Project ‘Manager, the Contractor may make the necessary corrections and e-submit the Applicaton for Payment. The Owner shal, within ten (10) business days after the Application for Payment is ana Sreas Arann Rese 82207‘stamped and received and after Project Manager approval of an Application for Payment. pay the Contractor the amounts so approved. 46 Owner shal retain ten percent (10%) ofthe gross amount of each monthly payment request or ten percent (1036) of te portion thereof approved bythe Project Manager for payment, whichever is less Such sum shall be accumulated and not released to Contractor untl final payment is due Unless otherwise agreed to by the Owner in accordance with Florida Statute 256.078, The Project Manager shall have the discretion to estabish, in wing, a schedule to periodically reduce the percentage of cumulative relainage held throughout the course ofthe Project schedule. Owner shal Feduce the amount ofthe retainage witnheld on each payment request subsequent to fify percent {60% completion subject te tha guidelines set forth in Florida Statute 256.078 and asset forth in the ‘Owners procurement ordinance and polices. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 48 _ Each Applcationfor Payment, subsequent tothe fst pay application, shall be accompanied by a Release and Atigavt, inthe form attached as ExhibiC, acknowledging Contractor's receipt of payment in fl forall materials, labor, equipment and other bis that are then due and payable by Gwner with respect to the current Application fr Payment. Further, to the extent directed by Owner land in Owners sole discretion, Contractor shall also submit a Release and Affidavit from each ‘Subcontractor, eub-subaontractor, or supplier inthe form attached as Exhibit C acknowledging that ‘each Subcontractor, subsubeontractr or suppliers been paid in ful through the previous month's ‘Applicaton for Payment. The Owner shall not be required to make payment until and unless these aficavits are furnished Ey Contractor. 49. Contractor agrees and understands that funding limitations exist and thatthe expenditure of finds must he spread ever the duralion of the Project at requlr intervals based on the Contract ‘Amount end Progress Schedule, Accordingly, prior to submiting ts fst monthly Application for Payment Contactor shal prepare and sub for Project Manager’ review and approval, a detailed Projeet Funding Schedde, which shal be updates 8s necessary and approved by Owmer to refsct approved adjustments tc the Contract Amount and Contract Time. No voluntary acceleration or early ‘completion af the Work shall modity the ime of payments to Contractor as sat forth inthe approved Project Funcing Schedue. 440 Notwithstanding anything in the Contract Documents to the contrary, Contractor ‘acknowledges and agrees tat in the event ofa dispute conceming payments for Work performed Uioer this Agreement, Contractor shall continue to perform the Work required of it under this ‘greement pending resaluton ofthe dispute provided thal Owner continues to pay Contractor all ‘amounts that Quner 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 (8) months after completion of Contract, Any untimely submission of invoices beyond the specified deadine period is subject to non- payment under the loge! doctrine of laches" as untimely submitted, Time shall be deemed of the tssence with respect tothe timely submission of invoices under this agreement. 4.12. The Counly may, atts discretion, use VISAMASTER card credit network as a payment \ehicle for goods andor services purchased as a part of this contract. The County may not accept ‘any additional surcharges (creditcard transaction fees) as a result of using the County's credit card for transactions rlatingto this solictation6, PAYMENTS WITHHELD. 5.41 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subeaquenly clscovered evidence or subsequent inspections that reveal non teompiance withthe Coniract Documents. The Project Manager may nulify the whole or any part of ny approval for paymert previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement of any other agreement between Owner and Contractor, to such feent a3 may be necestay in the Owner's apinion to protect it rom loss because of: (0) Defective Work not remedied; (b) thi party claims fled or reasonable evidence indicating probable fiing of such claims; (c) failure of Contractor to make payment propery to subcontractors 6 for labor, materials or equipment; (6) reasonable doubt thatthe Work can be completed forthe Unpaid belanes ofthe Contact Amount; (2) reasonable indication thatthe Werk will not be completed ‘within the Contract Time () unsatisfactory prosecuton ofthe Work by the Contractor; or @) any bother material Breach ofthe Contract Documents by Contractor. 5.2 any conditions described in 6.1, re not remedied or removed, Owner may, ater tres (3) Gays mitten noice, rect the same at Contractors expense. Provided however, in the event of an ‘emergency. Over shall nat be required to provide Contractor any wten notice prior to reciying the situation at Contractors expense, Owmer also may offset against any sums due Contractor the ‘amount of any Iquidated or nor-iquidated obligations of Contractor to Owner, whether relating to oF {sing out ofthis Agreement er any other agreement detween Contractor and Owner 5.3. Iminstances where the successful contractor may owe debts (Including, but not limited to taxes or other fees) to Collier County and the contractor has not satisied nor made arrangement to satfy these debts, the County resorves th right to oft-set the amount awed to the County by Anping the amount owed ta the vendor or cantractor for sarvices performed of for materials ‘elvered in association mith a contract 6. FINAL PAYMENT. 61 Owner shall male ial payment to Contractor in accordance with Section 218.736, FS. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Coutts Finance Department ster the Work is filly inspected and accepted by Project Manager as set forth nth Section 20:1 herein, provided that Contractor fs, and as an expt Condition precedent othe accrual of Contractor's right to final payment, shall have furished Owner with a properly executed and notarized copy af the Release and Affidavit attached as Exhibit C, a6 ‘wall ae, 2 duly executed copy ofthe Surely's consentto final payment and such other documentation that may be fequtred by ne Contract Documents and the Owner. Prior to release of final payment ‘and final retainage, the Zontractor's Representative and the Project Manager shall jointly complete the Final Payment Checlt, a representative copy of which is atlacned to this Agreement as Exhibt s 62. Contractor's aecoptance of final paymant shall constitute a full wsiver of any and al claims by Contractor against Onner arising outof ths Agreement or otherwise eating to the Project, except those previously made wring In accordance withthe requirements ofthe Contract Documents ‘ang identified by Contractor as unsettled ints final Applicaton for Payment. Neither the acceptance Othe Work nor paymart by Owmer shal be deemed fo be a waiver of Owner's right to enforce any ‘obligations of Contato: hereunder orf the recovery of damages for defective Weak no discovered by the Design Professional or Project Manager atthe ime of il inspection cantracon Saves Aeoent Rese 2507)7, SUBMITTALS AND SUBSTITUTIONS. 7.4 Contractor shal carefuly examine the Contract Documents for al requirements for approval Of materials to be submtted such as shop drawings, data, test results, schedules and samples Contractor shall submit all such materials at ifs own expense and in such form as required by the Contract Documents in aficient time to prevent any delay inthe delivery of such materals and the installation treat 7.2. Whenever materials or equipment are spectid or described inthe Contract Documents by sing the name of proprietary em or the name of a particular supp, the naming ofthe item is intended to establish te type, funtion ane qual required. Unless the name is followed by words indicating that no subsituion is permited, materials or equipment of other suppliers may be accepted by Owner If eufclent information is submited by Contractor to alow the Owner to determine thal the mateal or equipment proposed is equivalent or equal to that named. Requests for review of substtute tams of material ang equipment wil not be accepted by Cwner ftom anyone tther tian Contractor and all such requests must be submitted by Contractor to Project Manager ‘within tity (20) calendar days ater Notice of Award is received by Contractor, unless otherwise ‘mutually agroed in writing by Owner and Contractor. 7.3 Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application te the Project Manager for acceptance thereof, certitying thatthe proposed Substitute shall adequately perform the funeions and achieve the results calle for by the general ‘design be similar ana of equal suostance to that specified and be sulted to the same use as that ‘pecifed, The application shall stat thatthe evaluation and acceptance ofthe proposed substituie Will not prejudice Contactors achievement of substantial completion on time, whether or not acceptance of the subettute for use In the Work will require @ change in any of the Contract Documents (or inthe provisions of any other cirect contract with Owner for the Project to adapt the ‘dasign to the proposed substitute and whether oF not Incorporation or use by the subsite in Connection with the Wikis subject to payment ot any license Yee oF royalty. Al vatations of the proposed substitute fom that spectied vil e ented inthe application and avaliable maintenance, repair and replacement service shal be indicated. The application also shal contain an itemized tslimate of all costs that result direct or narecty fom acceptance of such substitute, including ‘costs for redasign and chime of oer contractors affcted by the resulting change, al of which shall 'be considered by the Project Manager in evaluating the proposed substitute, The Project Manager ‘may require Contractor to fumnish at Contactors expense additional data about the proposed substitute, 7.4 gpeeifc means, method, technique, sequence or procedure of construction is indicated in or required ay the Contract Documents, Contractor may furnish of uilize @ substitute means, method, sequence, technique or procedure of construction ecceptabie to the Project Manager, i Contractor submits suficiot information to allow the Project Manager to determine that the Substitute proposed js equivalent to that indleated or requied by the Contract Documents. The procedures for submission to and roviow by the Project Manager shallbe the same as those provided herein for substitute malerals and equipment 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute anc need be, to consult withthe Design Professional. No substitute wil be bordered, installed or ulized without the Project Manager's por written acceptance which shall be tvidenced by @ Changs Order, a Work Directive Change, a Field Order or an approved Shop Drawing, The Owner may require Contractor to fumish at Contractor's expense a special performance guarantee of oer surety with respect to any substitute. The Project Manager will Conemon Secs Ager Re 025207)record time required by he Project Manager and the Project Managers consuitants in evaluating Substitions proposed by Contractar and making changes inthe Contract Documents occasioned thereby, Whether or not he Owner accepts a proposed substitute, Contractor shall reimburse Owner forthe charges ofthe Design Professional andthe Design Professiona's consutans for evaluating leach proposed substitute 8, DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless weived inverting by Owner, Contactar shall complete and submit to Project Manager fn a weekly basis a dll log of the Contractors work forthe preceding week in a forma approves by the Project Manager. The daly log shall document all activites of Contractor atthe Project site eluding, but nat imitedto, the folowing 8.1.1 Weather conaltions showing the high and low temperatures during work hours the amount of preciptaton received on the Project site, and any other weather consions which ‘adversely affect he Wore 81.2 Soileondiions which adversely affect the Work; 8.4.3 The hours of operation by Contractor's and Sub-Contracto’s personnel 8.44 The number of Contractor's and Sub-Contractor’s personnel present and working atthe Project site, by suscontract and trade; 2.1.8 All ecuipment present at the Project site, descrition of equipment use and esignation of tme equipment was used (specifealy Indicating any down time; 8.4.8 Descipion of Work being perormed atthe Project ste 8.4.7 Any usual or special occurences atthe Project ste 8.18 Matofals received atte Project ste 8.1.9. Alistofall vistors tothe Project 8.1.10 Any sroblems that might impact either the cost or quality of the Work oF the time of performance, “The daily lg shall not constitute nor take the place of any notice required to be glen by Contractor to Owner pursuant fo the Contract Documents. 8.2 Contractor shall maintain ina safe place atthe Project site one record copy of the Contract Document, ineluing, but not limited to, all drawings, specications, addenda, amendments, Change Orders, Work Cirectve Changes and Fld Orders, as wel as all witten interpretations anc Carfleations issued by ‘he Oasign Professional, in good order and annotated to show all changes ‘ade during constueten, The annotated drawings shall be continuously updated by the Contractor throughout the prosecution ofthe Werk to accurately reflect al field changes that are made to adapt the Work to fed conditens, changes resulting from Change Orders, Work Directive Changes and Field Groers, and all cencealed and buried instaiatons of piping, condult and utlty services. A buted and concealed items, both inside and outside the Project ste, shal be accurately located on the annotated drawings as fo depth and in relationship to not less than two (2) permanent features Conan Sees Agent: Rented 8252007)(es. interior or exterior wall faces), The annotated drawings shall be clean and all changes, Corrections and dimensins shall be given ina neat and legible manner in a contrasting color, The "Asult record documents, together with al approved samples and a counterpart of all approves shop drawings shal be svaiable tothe Project Manager or Design Professional for reference. Upon tompletion of the Work and as a concition precedent to Contractor’ enillement to final payment these "Ae-Bul" record documents, samples and shop drawings shall be delivered to Project ‘Manager by Contractor for Owner. 83 Contractor shal fee all records and supporting documentation, which concem or relate to the Work hereunder fora minimum af five (6) years from the date of termination ofthis Agreement forthe date the Projact ls completed or such longer peried 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 ‘2299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 ‘Telephone: (239) 252-8999 Email: PublicRecordRequest@col “The Contractor must specifically comply wih the Florida Publis Records Law to: 1. Keep and maintain public records required by the public agenoy to perform the service Upon request trom the puble agency's custedian of puble records, provide the public ‘agency vith a copy of the requested records or allow the records to be inspected or Copied within reasonable time ata cost that does not exceed the cost provided inthis chapter or 23 ctherwise provided bylaw. 3, Ensure that public records that ate exempt or confidential and exempt from public Fecords disclosure requirements are not disclosed except as authorized by aw for the {uration offre contract term and following completion ef the contract the Contractor tdoes net transler the records tothe public agency. 4, Upon competion of the contract, transfer, at no cost, to the public agency all public Fecords in possession ofthe Contactor or keep and maintain public records required by the public agency to perform the service. f the Contractor transfers all public records to the public epency upon completion of the contract, the Contactor shall destroy any ‘dupheate public recores that are exempt or confidential and exempt from public records tlselosure quirements, Ifthe Contractor keeps and maintains public records upon Completion of the contract, the Contractor shall meet all applicable requirements for Tetaining pualc records. All ecorde stored electronically must be provided to the pubic ‘agency, upon request ftom the public agency's custodian of public records, in a format thats Compatible with the information technology systems ofthe publc agency. 9, CONTRACT TINE AND TIME EXTENSIONS. Conan Sones Arar: Rees 5250)8.1 Contractor shal cigently pursue the completion ofthe Work and coordinate the Work being Gone on the Project by is subcontactore and materialmen, as well as coordinating its Work with work of others atthe Project Sila, so that is Work or the work of others shall not be delayed or Impaited by any act of omission by Contractor. Contractor shall be solely responsibie for all ‘constuction means, melhods, techniques, sequences, and procedures, as well as coordination of {i portions ofthe Work under the Contract Dacuments, and the coordination of Owner's suppliers ‘and contractors as set fath in Paragraph 12.2, hein. 9.2 Should Contractr be obstructed or delayed in the prosecution of or completion ofthe Work 26 a result of unforeseeable causes beyond the contol of Contractor, and nat due to its faut or eget. Inluding but net restrictas to acte of Nature or of the public enemy, acts of government, fires, foods, epidemics, quarantine regulation, skes orlockouts, Contractor shall notify the Owner in wring within fory-cigt (48) hours afer the commencement of such delay, stating the cause or Causes thereof, or be deomed fo have waived any right which Contractor may have had to request atime extension 3 No interuption, nterference,inefcleney, suspension or delay in the commencement or progress ofthe Work from any cause whatever, including those for which Owner may be responsible, Inwhole or in par, shal sieve Contractor of is duty to perform or glve rise to any right to damages ‘or additional compensation ftom Owner. Contractor expressly acknovedges and agrees that it shall ‘ecoive no damages for delay. Contractors sole remedy, if any, against Owner wil be the right to ‘800k an extension fo the Contract Time, provided, however, the granting of any such time extension ‘hall ot be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply t claims for early completion, as well as to claims based on late ‘completion 8.4 Inno event shallany approval by Owner authorizing Contractor to continue perorming Work Under this Agreement of any Bayment issued by Owner to Contractor be deemed a waiver of any Fight oF cfaim Owner may have against Contractor for delay damages hereunder. 40. 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. Premplly ater being notfied of a change, Contractor shal submit an itemized festimate of any enet or tm inereaces or caving it foresees as a result of the change. Except in an ‘emergency endangering Ife or property, or as expressly set forth herein, no adstion or changes to the Work shall be made except upon wien order of Owner, and Cwner shall not be lable fo the Contractor for any ineressed compensation without such writen order. No officer, employee or agent of Owner is authorized 0 direct any extra or changed work orally. Any alleged changes must be ‘approved by Owner in wring prior fo starting such tems. Owner wil not be responsible forthe costs Of any changes commancae without Owners express price writen approval. Faure to obtain such prior written appraval fr any changes will be deemed: (i) a waiver of any claim by Contractor for uch tems and (I) an admission by Contractor that such items are in fact nota change but rather are pat ofthe Work reqited of Contractor hereunder. 102 A Change Order, in the form attached 2s Exhibit E to this Agreement, shall be issued and executed promplly afte an agreement is reached between Contractor and Owner concerning the ‘requested changes, Cortractor shal promptly perform changes authorized by duly executed Change ‘Orders. The Cont amount and Contract Time shal be adjusted in the Change Order in the ‘manner as Owmer and Contractor shall mutually agree Coren Seen Aaeanen Renin 025200)103 Owner and Contractor are unable to agree on a Change Order fr the requested change, Contractor shall, nevertheless, promply perform the change as directed by Owner ina writen Work Destve. in that event the Contract Amount and Contract Time shall be adjusted as directed by (Over If Contractor disagrees withthe Owners adjustment determination, Contractor must make 2 clas pursuant to Secton 11 ofthese General Conditions or else be deemed to have waived any aim on this matter it might otherwise have had. 104 Inthe event a requested change results in an increase to the Contract Amount, the amount of tne increase shall be limited to the Contractors reasonable rect labor and material costs anc reasonable actual equipment costs as a result ofthe change (Including allowance for labor burden Costs) plus a maximum ton percent (10%) markup for all overhead and profi. in tne event such change Werk Is performed by @ Subcontractor, a maximum ten percent (10%) markup for all fvernead and profit forall Subcontractor’ and eub-subcontractors' direct labor and material costs ‘and setual equipment eeets shal b permit, wth a maximum five percent (5%) markup thereon by the Contractor for al offs overhead and prof, for a total maximum markup of fteen percent (153). All compensation cue Contractor and any Subcontractor or sub-subcontractor for feld and home office overhead isineluded in the markups noted above. No markup shall be placed on sales tax, shipping or subcontactor markup, 10.5 Owner shall have the right to conduct an aut of Contractors books and records o verily the ‘accuracy of the Contractor's claim with respect to Contractor's casts associated with any Change (Order of Work Directive Change. 4106 The Project Manager shall have authority to order minor changes in the Work not involving anadjustmentto the Cortract Amount or an extension tothe Contract Time and not inconsistent with the intent of the Contract Documents, Such changes may be effected by Field Order or by other ‘writen order, Such changes shall be binding an the Contractor. 10.7 Any modifeations 10 thie Contact shall be In compliance wth tne County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized 41. CLAIMS AND DISPUTES. 41.4. Claims @ demand or assertion by one ofthe patios seeking an adjustment or interpretation ‘of the terme of the Conract Documents, payment of money, extension of ime or other relief with respect tothe terms ofthe Contract Documents. The term "Claim also includes other cisputes anc matters In question beween Owner and Contractor arising out of or relating to the Contract Documents. The responsibilty fo substantiate a Ciaim shall rest withthe party making the Claim 11.2. Claims by the Contractor shall be made in wing tothe Project Manager within forty-eight (48) nours from when the Contractor knew or should have known of the event giving rise to such (aim of else the Contractor shall be deemed fo have waived the Claim. Wen supporting data ‘hall be submitted to the Project Manager within ean (15) calendar days ster the occurrence of the event, unless the Owmer grants addtional ime in writing, or else the Contractor shal be deemed tohave waived the Claim, All Claims shal be priced in accardance wih the provisions of Subsection 104. 11.3 The Contractor shal proceed dligently with its performance as directed by the Owner, regardless of any pending Claim, action, sut or administrative proceeding, unless otherwise agreed Comutn Sees Arent Renee 250)toby the Ovmer in writing. Owner shall continue to make payments in accordance withthe Contract Documents during te pendency of any Claim. 42, OTHER WORK, 12.1 Owner may perfor ather work related to the Project at he site by Owner's own forces, have other work performad by uly owners or lt ether direct contracts. Ifthe fact that such other work is to be performed Is not noted in the Contract Documents, written notice thereof willbe given to Contractor prior to staring any such other work. If Contractor believes that such performance wil involve adattonal experee to Contractor of require additional ime, Contractor shal send writen note of tha fact to Owrer and Design Professional within fory-eight (8) hours of being notified of the other work. Ifthe Contractor fails to Send the above required forty-eight (48) nour notice, the Contractor willbe deena to have waived any rights it otherwise may have had to Seek an extension tothe Contract Time or edustment fo the Contract Amount, 122. Contractor shall afford each utlity owner and other contractor who isa party to such a direct contract (or Owner, # Ovner is performing the adattonal work with Owner's employees) proper and Sete acoavs to the site and a reasonable opportunity for the inraduction and storage of materials ‘and equipment and the execution of such work and shall property connect and coordinate is Work ‘ith thes. Contractor call do all euting, ting ard patching ofthe Work that may be required to ‘make Is several parts come together properiy ana integrate vith such other work. Contractor shalt fotendanger any work of others by euthng, excavating or otherwise atring their work and wil ony Cut o alter ther work wits the writen consent ofthe Project Manager and the others whase work will be afected. ‘The duties 3nd responsibities of Contractor under this paragraph are forthe benefit of Such ullty owners and other Contactos to the extent that there are comparable provisions forthe benefit of Contractor in said drect contracts betwaen Owner and such utlity owners and other contractors 123 any part of Contractor's Work depends for proper execution or results upon the work of any ther contractor or uty over (or Owner) Contractor shal inspect and prompllyrepor to Project Manager in wiring any delays, defects or deficiencies in such work that render it unavailable or Unsuitable for such proper execution and results. Contractors falure to report will constitute an faceaplance ofthe other work a fit and prope for integration with Contractor's Work 418, INDEMNIFICATION AND INSURANCE, 13.1. To the maximum extent permitted by Florida law, the Contractor shall defend, Indemnity and hod narmiess Coller Ceuny, ts offers and employees from any and all lables, damage ‘and cosa, including, butno! imited to, reasonable atiorneys' fees and paralegals fees ot ‘caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or fnyane employed or tized bythe Contractor in the performance of this Agreement, 482 The duty to defand under this Article 13 is independant and separate from the duty to indemnify. and the duty to defend exists regardless of any ultmate labliy of the Contractor, Owmer {nd any indemnified party. The duty to defend arises immaciately upon presontaion of a claim by {ny party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 wil survve the expiration or ealor termination ofthis ‘Agreement uni tis determines by final udgmen that an action against the Owner or an indemnified party forthe matter inderaiied hereunder is fully and finally barred by the applicable statute of limitations. Conan Sees Agora Rowe 220 (i)133 Contractor shall sbiain and carry, at all imes during Its performance under the Contract Documents insurance ofthe types and inthe amounts set forth in Exhibit 8-3 to the Agreement Further, the Contractor shal ata times comply wit all ofthe terms, conciions, requirements and ‘obligations set forin under Exhibit B-3 14, COMPLIANCE WITH LAWS. 14.1. Contractor agrees to comply, ais own expense, wth al federal, state and local laws, codes, statutes ordinances, rule, caguations ané requirements applicable tothe Projet, Including but nat limited to those dealing with taxation, worker's compensation, equal employment and safety (inctuding, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). if Contractor bbserves that the Contact Documents are at variance therewith, it shall prompty naiy Project Manager in wrting, To te extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain termsin this Agreement inorder for this Agreement to be enforceable, such tems ‘hall be deemed inckided inthis Agreement. Notwithstanding anything in the Contract Documents to the contrary, it's understood and agreed that inthe event of a change in any applicable laws, drdinanes, rules o° regulations subsequent tothe date this Agreement was executed thal increases the Contracior’s tme or cost of performance of the Work, Contractor is ened to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior othe date ofthis Agreement 142 By executing and entering nto this agreement, the Contractor is formally acknowledging “without exception of stipulation that ts fully responsible for complying withthe provisions of the Immigration Reform ane Contol Act of 1986 as located at & U.S.C. 1324, et sea, and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with te laws Feferenced herein shall consttute a breach of this agreement end the Counly shall have the disration to unilaterally terminate ths agreement immediately. 14.3 Statutes and executive orders require amployers to abide by the immigration laws of the Unites States and to employ only individuals who are eligible to workin the United States. ‘The Employment Elgilty Verifeation System (E-Verty) operated by the Department of Homeland Securty (OHS) in partnership with the Social Securty Administration (SSA), provides an internet- based means of verfying employment elgiiiy of workers inthe United States; tis not a substitute for any other employment elgiblty verfeaton requirements. The program wil be used for Coller County formal invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services, Exceptions to the program +) Commodity baséd procurement where no sorvices are provided, {Were the eequtement for the afdavitis waived by the Board of County Commissioners Contractors / Bidders are required to enallin the E-Veriy program, and provide accoptable evidence oftheir enrolment, tthe time ofthe submission ofthe Contractor sibidde's proposal. Acceptable fvidence consists ofa copy ofthe properly completed E- Very Company Profle page or @ copy of the fully executes E-Verfy Memorandum of Understanding forthe company. Contvactors are aso required to provide the Colier County Procurement Services Division an executed affidavit oertiying they shal compy with the E-Veniy Program. The affidavits attached fo the soictation documents. IF the Bidk r does_not cor oth the ack bia 's| Contractor ‘deemed non: onan Seven Ager Rowe 82520)Additionally, Contractors shall require all subcontracted Contractors to use the Verity system for all purchases not covered under tha “Exceptions tothe program clause above. For adalonal information regarding the Employment Elgbilly Verification System (E-Verly) program visit the following website: ntpInwwedhs.dovie-Veriy It shall be the Contractor's esponsibility to famiiarze themselves with all rules an regulations governing ths program. Contractor acknowledges, and without exception or stipulation, any frm) receiving an award shal be fly esponsibie for complying with the provisions ofthe Immigration Reform and Control Act of 41086 ae located at 8 U.S. 1324, et sea, and regulations reiating thereto, as either may be amended and with the provisions contained win this affidavit Failure by the awarded firs) to comply with the laws referenced herein or the provisions ofthis affidavit shall constitute a breach ofthe award ‘agreement and the County shall nave the discretion to unilaterally torminate said agreement immediately. 46. CLEANUP AND PROTECTIONS. 4151 Contractor agrees to Keep the Project site clean at all mas of debris, ubbish and waste ‘materia arising out of he Work. At the completion of the Work, Contractor shall remove all debi, rubbish and waste matarials from and about the Project se, as well 2s al tools, applances, Construction equlpmant and machinery and surplus materials, and shal leave the Project ste clean ‘and ready for occupancy by Owner. 15.2. Any existing surace or subsurface improvements, including, but not limited fo, pavements, curbs, sidowalks, pipes, ules, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor rom damage during the prosecution of tie Work. Subject to the Section 23 above, any such improvements so damaged shall be restored by Contractor tothe conditon equal to that existing at the time of Contractor's ‘commencement of the Work 46, ASSIGNMENT. 416.41 Contractor shall not assign ths Agreement or any part thereof, without the prior consent in wring of Owner. Any atiempt to assign or othenvise transfer this Agreement, or any part herein, ‘without the Owners consent. shall be vol. f Contractor does, with approval, assign this Agreement br any par thereof, shall equi that is assignee be bound to it and fo assume toward Contractor allofthe obligations ane responsibiliies that Contractor has assumed toward Owner 17, _ PERMITS, LICENSES AND TAXES, 47.4 Pursuant to Sedtion 218.80, F.S., Owner wll pay forall Colier County permits and foes, Including license fees, parmi aes, Impacl fees or inspection fees applicable tothe Work through an intemal budget transfers). Contractor isnot responsibie for paying for permits Issued by Collier County, but Contractors responsible for acquiring all permits. Ouuner may require the Contactor to dolver intemal budget transfer documents to applicable Coller County agencies when the Contractor is acquiring permits. Owner wil not be obligated to pay for any permis obtained by Subcontractors. 17.2._Allpermits, fees and licenses necessary forthe prosecution of the Work which are nat issued by Collier County shall be acquired and paid for by the Contractor. Contin Senet Auer Revie 82520 7)17.3 Contractor shall pay all sales, consumer, use and other simiar taxes associated with the \Work or portions thereof whien are applicable during the performance ofthe Work. 18, TERMINATION FOR DEFAULT. 18.1 Contractor hall te considered in material default of the Agreement and such default shall be ‘considered cause for Over to terminate the Agreement, in whole o in pat, as further set forth in {fis Section, f Contracto~ (1) fis to begin the Work under the Contract Documents within the time Specified herein, of (2) ‘alls to propery and timely perform the Work as ditected by the Project Manager or as provided ‘rin the approved Progress Schedule; or (3) performs the Work unsuitaby ornegiects or refuses toremove materials orto correct ar replace such Work as may be rejected as Uinaoseptable or uneuitasle or (4) dscantinues the prosecution ofthe Work: or (6) fli to resume \Work which has been suspended within a reasonable time affer being notfied to do so; or (6) becomes insolvent ors deciared bankrupt, or commits any act of bankrupt; or (7) allows any final judgment to stand against unsatisfied fr more than ten (10) days or (2) makes an assignment for the benefit of eradtrs. or (0) fals to obey any applicable codes, laws, ordinances, rules or regulations with respect othe Werk; or (10) materially breaches any other provision of the Contract Documents. 482 Owner shall notiy Contractor in writing of Contractor's defaults). f Owner determines that Contractor has not remedied and cured the default) within seven (7) calendar days folowing receipt by Contractor of said wrtten notice or such longer petod of te as may be consented to by Owner in writing and in ts sole discretion, then Owner, atts option, without releasing of waiving its rights and remedios against the Contractors sureties and without prejudice to any other rghit or remedy it may be enfie to hereunder of by law, may terminate Contractors right to proceed under the ‘Rareement. in whole or in par, and take possession of all or any portion of the Work and any material, tools, equipmn, and appliances of Contractor, take assighments of any of Contractor's ubcontracts and purchese orgers, and complae all or any potion of Contractor's Work by whatever means, method or ageney which Owner, Ins sole elation, may choose. 18. _ Owner deams any ofthe foregoing remedies necessary, Contractor agrees that shall not be entitled fo receive any further payments ereunder untlafer the Projects completed. All moneys expanded and all of the costs, losses, damages and extra expenses, including all management, ‘ministrative 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 Centract Amount, and i such expenditures exceed the unpaid balance of the Contract Amount. Contractor agraes to pay promptly to Owner on demand the full amount of such ‘excess, Including costs 3f collection, tternays foes (including appeals) an interest thereon at the tmaximam legal rate of intrest unth paid. I the unpaid balance of the Contract Amount exceeds all sch eos, expenditures and damages incured by the Owner to complete the Work, such excess shall be paid tothe Contactor. The amount tobe paid to the Contractor or Owner, as the case may be, shal be approved by he Project Manager, upon application, and tis obligation for payment shal survive termination of the Agreement 484. The lability of Contractor hereunder shall extend to and include the full amount of any and ll sums paid, expenses and losses incurred, damages sustained, and obligations assumed by ‘Owner n good faith under the belief that such payments of assumptions were necessary or required, in completing the Work end proving labor, materials, equipment, supplies, and other items therefore Orrerleting the Werk, end in settlement, discharge or compromise of any claims, demands, suts, ‘and judgments pertaining to or arsing out of the Wark hereunder oreton Seca ean Reed 08252007)18.5 If after notice of termination of Contractors right to proceed pursuant to this Section tis etermined for any reason that Contractor was notin default, or that its default was excusabie, or that Owner is not ents to the remedies against Contractor provided herein, then the termination val be deemed a termination for convenience and Contracior’s remedies against Oumer shall be the ‘same as and limited to those afforded Contractor under Section 18 below. 486 _In the event () Ouner falls to make any undisputed payment to Contractor within thirty (30) days after such paymentis due or Owmeratherwise persistently fa’ to full same material obligation ‘owed by Owner to Contractor under this Agreement, and (i) Oumer has failed to cure such defaut ‘within fourteen (14) days of recelving writen natica of same from Contractor, then Contractor may Stop Its performance uncer this Agreement unl such default is cured, after gving Owner a second fourteen (14) days writen nation of Contractor's intention to stop performance under he Agreement Ifthe Works 80 stopp for a period of one hundred and twenty (120) consecutive days through no ‘actor fault of the Contractor or ts Subcontractors or their agents or employees a anyother persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminals this Agreement by giving writen notice to Owner of Contractor's intent to terminate this Agreemert. if Quner does not cure ts default within fourteen (14) days after receipt fof Contractor's written notice, Cantractor may, upon fourteen (14) aditonal days! writen notice to the Owner, terminate the Agreement and recover fom the Owner payment for Work performed through the lermination Sate, out in no event shal Contractor be entiled to payment for Work not performed or any otter camages ftom Owner. 19, TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 491. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days writen rotice to Contractor. In the event of such termination for convenience, Contractors recovery against Owner shall ba limited to that potion ofthe Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses Incurred, but Contractor shall ot be ened to any other or further recovery against ‘wer, including, but net Imited to, damages or any anticipated prft on portions ofthe Work not performed 182 Owner shallhave the right to suspend all or any portions ofthe Work upon giving Contractor not less than two (2) caendar days prior wren notice of such suspension. If allo ary portion of the Wetk s so suspended, Contactor’ sole and exclusive remedy shall be to Seek an extension of time tolls schadule in a2cordance with the procedures set forth inthe Contract Documents. In ne ‘event shall the Contractor be entited to any additonal compensation or damages. Provided, however, ifthe ordared suspension exceeds six (6) months, the Contractor shal ave the right to terminate the Agreement with respect to tat portion of the Work which is subject to the ordered suspension, 20. COMPLETION. 20.1. When the entre Work (or any potion thereof designated in writing by Owner) is ready for its intended use, Contract shall notly Project Manager in wring that the entire Work (or such designated portion is substantially complete. Win # reasonable ime thereafter, Owner, Contractor ‘and Design Professional shall make an inspaction ofthe Work (or designated portion thereof) to determine the status of completion. If Owner, after confrting with the Design Professional, dows not consider the Wark (or designated portion) substantally complete, Project Manager shall notify Contractor in waiting ghing the reasons therefore. it Ouner, after conferring with the Design Professional, considers the Work (or dasignatod portion) substantialy complete, Project Manager Conan Sonos Ageorart: Revue 0525206)shall prepare and delve: to Contractor a Certfcate of Substantial Completion which shal fx the Gate of Substantial Completion for tre entire Work (or designated portion thereof) and include @ tentative punch ist of ems {o be completa 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 Complation, but Owner shall allow Contractor reasonable ‘access to complete or correct items on the teniative punchist.. The Project Manager, shall Coordinate witn the Contactor the retu'n of any surplus assets, inclucing materials, supplies, and ‘equipment 20.2 Upon receipt of writen certification by Contractor thatthe Work is completed in accordance “uth the Contact Documents and is ready fr final inspection and acceptance, Project Manager and Design Professional wil make such inspection and, if they find the Work acceptable and fuly performed under the Contract Dacuments shall promptly approve payment, recommending that, on {he basis oftheir observations ana inspections, andthe Contractor's certification that the Work has been completed In accotdance withthe terms and conaltons ofthe Contract Documents, thatthe tnire balance foun to ae due Contractor's due and payable. Neither the final payment nor the fetainage sna Become due and payable until Contractor submis (1) Receipt of Contractor's Final Application for Payment. {2} The Release and Affidavit inthe form attached as Exhibit (3) Consent of surety tinal payment. (@) Receipt fhe final payment checklist. (6) required by Owner, other data establishing payment or satisfaction of all obigatios, uch as receipe, releases and waivers of liens, arising cut of the Contract Bocumerts, to the extent and in such form a may be designated by Owe. ‘Owner reserves the right to inspect the Work and make an independent determination as to the Wart’s soeaptabilly. aunn though the Design Professional may have issued its recommendations. Uniess and until the Owner is completly satisfied, neither the inal payment nor the retainage shall become due and payabe, 21, WARRANTY. 21.4. Contractor shal abain and assign fo Owner all express warranties given to Contractor or any ‘Subvontractors by any subcontractor of 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 Cortraet Documents shall be new unless otherwise spaciied, and that al Work shall be cf good qual, ree from all defects and in conformance with the Contract Documents Contractor futher warrants to Owner that all materials and equipment furnished under the Contract CBocuments shall be aoplied, installed, connected, erected, used, clesned and conditioned in fccordance with tne instuctons ofthe applicable manufacturers, fabricators, supplies or processors {xcept as otherwise provided for in the Contract Documents. I, within one (t) year after Substantial ‘Completion, any Work ie found to be defective or notin conformance withthe Contract Documents, ‘Contractor shal correct prompty afer receipt of written notice ‘fom Owner. Contractor shall also be responsible for and pay for replacamant or repair of adjacant materia or Work which may be damaged as a result of such replacement or repair. Further n the event of an emergency. Owner mmay commence to correct any defective Work. without prior notice to Contractor, at Contractor's fexpense, ‘These warranties 27@ In addition to those implied warranties to which Owner is ented 2 ‘mater of aw. Contuson Serves Arar Renae 9250)21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative ofthe Owe, shall conduct an inspection of the warranted work to very compliance ‘with the requirements of the Agreement. The Contractor's Representative shall be present atthe time of inspection and srall fake remedial actions to corect any deficiencies noted inthe inspection Failure of te Contractortocorretthe ited detencios shall bo grounds for the Owner to disaualfy the Contractor from future bid opportunities with the Owner, in addition to any other rights and remacies avaiable to Ovmer. 22, TESTS AND INSPECTIONS. 22.1 Owner, Design Frofessional, thei respective representatives, agents and employees, and ‘governmental agencies with jurisdiction over the Project shall have access at all imes to the Work, ‘wth the Work is being performad on or off ofthe Project site, for thelr observation, inspection {nd testing, Contractor shall provide proper, safe conaitions for such access. Contractor shal Provide Project Manager with timely notice of readiness of the Work fo all required inspections, tests Dr approvals. 22.2 the Contract Documents or any codes, laws, ordinances, ules or regulations of any public authorty having juisdicion over the Project requires any potion of the Work to be speccally inspected, tested or approved, Contractor shall assume ful esponsibility therefore, pay all costs in Connection therewith and furnish Project Manager the required certificates of inspection, testing or ‘approval All inspections, lets or approvals shall be performed in a manner and by organizations ‘acceptable tothe Proje: Manager 22:3. Contractor is responsible, without reimbursement from Owner, for re-inspecton fees and ‘costs tothe extent such resnspections are due to the fault or neglect of Contractor. 224 _ any Work that to be inspected, tested or approved is covered without writen concurrence frem the Project Manacer, such work must, if requested by Project Manager, be uncovered for ‘observation. Such uncavering shall be at Contractors expense unless Contractor has given Project Manager tinely naice ofContracior’s intention to cover the same and Project Manager has not acted with reasonable promplness fo respond to such notice. If eny Work is covered contrary to writen ‘rections from Projeet Manager. such Work must, requested by Project Manager, be uncovered for Projet Managers otsorvaton and be replaced at Contractors sole expense. 22.5 The Owner shallcharge to Contractor and may deduet rom any payments due Contractor all ‘engineering and inspection expenses incurred by Owner in connection with any avertime work. Such ‘overtime work consisting of ary work during the construction period beyond the regular eight (@) hour ‘day and fr any work performed on Saturday, Sunday or holidays, 22.6 Nether observatons nor ather actions by the Project Manager or Design Professional nor inspections, teste or apsrovals by others shall relieve Contractor from Contractor's obligations to perform the Work in aczardance with the Contract Documents 23, DEFECTIVE WORK. 23:4 _ Work not conforming othe requirements ofthe Contract Documents or any warranties made ‘rassigned by Cantracar to Owner shal be coemed defective Work. Ifrequire by Project Manager, Contractor shall as direted, eter correct all detective Work, whether or not fabecated, installed or completed, o if the defective Work has deen rejected by Project Manager, remove tfrom the site land replace it with nan-Jefective Work. Contractor shall bear al direc, increct and consequential corer Seca eons ei 0825207)costs of such correction of removal (including, but not limited to fees and charges of engineers, Grehitects,attomeys ant other professionals) made necessary thereby, and shall hold Owner harmiess for same 23.2 _ the Project Manager considers it necessary or advisable that covered Work be observes by Design Professional cr inspected or tesa by others and such Work is nat othenvise required to be inspected or tested, Contractor, a Project Managers requost, shall uncover, expose or otherwise make available for absewation, inspection or tests as Project Manager may require, that portion of the Wercin question, funishing all necessary labor, material and equipment. fits found that sueh Work is dofecive, Contractor shall bear all dec, indrect and consequential costs of such Uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction Cinotuding, but not lmibd to, fees and charges of engineers, architects, attomeys and otter professionals), and Over shall be ented fo an approprate decrease in the Contract Amount. If, FRowever, such Work Is 10 found to be defective, Contractor shall be allowed an increase in the Contract Amount andloran extension to the Contract Time, directly aributabe to such uncovering, ‘exposure, observation, inspection, testing and reconstruction 233 any portion ofthe Wark is defective, orf Contractr fais to suppl sufcentskiled workers, ‘ultable materials or equpment or fais ofnish or perform the Work in such way thatthe completed ‘Work wil eonfarm to the Contract Documents, reject Manager may order Contractor to stop the ‘Work, or any potion thereof, untl the eause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, iat al, solely for Owner's benefit and nothing herein shall be construed as atigating the Project Manager to exercise ths right forthe benefit of Design Engineer, Contractor, orany other person. 23.4 Should the Owner determine, at its sole opinion, tis inthe Owner's best interest to accept ‘efective Work, the Owner may do so. Contractor shail bear all direc, indirect and consequential Costs attbutabie to the Owners evaluation of and Getermination to accept detective Work. If such ‘termination is rendered pir to fnal payment, @ Change Order shall be executed evidencing such ‘aeceptance of such defective Work. Incorporating the necessary revisions in the Contract Bocuments and reflectrg an appropriate decrease in the Contract Amount. Ifthe Ouner accepts ‘such defective Work ate nal payment, Contractor shal promptly pay Owner an appropriate amount to adequately compensete Owner fr is acceptance ofthe defective Work 235 _\ Contractor fal, within a reasonable tine aftr the written notice from Project Manager, to Correct defective Werk a to remove and replace rejected defective Work as required by Projact Manager or Owner, oF if Contractor fais to perform the Workin accordance with the Contract BBocuments, orf Contrector fails to eomaly suth any ofthe provisions of the Contract Documents, ‘Owner may, afer saven (7) days writen notice to Contractor, correct and remedy any such ciency, Provided, however, Owner shall not be required to give notice fo Contactor in the event ‘of an emergency, To the extent necessary to complete corective and remedial action, Owner may {xclude Contractor fromany oral ofthe Project ste, take possession ofall or any prt ofthe Work, ‘and suspend Contractors sarvices relates thereto, take possession of Contractor's tools, appliances, onstruction equipment and machinery a the Project ste and incorporate inthe Work all materials {and equipment stored af the Project site or for which Owner has paid Contractor but which are stored flsewmnere, Contractor shall allow Owner, Design Professional and thel respective representatives, ‘agents, and employees such access tothe Project sile as may be necessary to enabie Owmer to exercise the rights and ‘emedies under ths paragraph, All drect,inivect and consequential costs ‘of Owner in exercising sich rights and remedies shal be charged against Contractor, and a Change (Order shal be issued, Incorporating the necessary revisions to the Contract Documents, including ‘an appropriate decrease fo the Contract Amount, Such direc, indirect and consequential costs shal inrason Sons Arann Rese 62520)include, but not be limited to, fas and charges of engineers, architects, atfomeys and other professionale, ell court costs and all costs of repair and replacement of work of others destroyed or {amaged by correction, emoval or replacement of Contractors defective Work. Contractor shall not be allowed en extension of the Contact Time because of any delay in performance of the Work atinbutable tothe exercise by Oumer of Owners rights and remedies hereunder. 24, SUPERVISION AND SUPERINTENDENTS. 244 Contractor shall san, organize, supervise, schetiule, monitor, direct and control the Work ‘competently and effciert, devoting such attention thereto and applying such skis nd expertise fs may be necessary to perform the Workin accordance wit the Contract Documents. Contractor Shall be responsible to see tha the fished Work complies accurately with the Contract Documents, Contractor shall Keep on the Work at all times curing its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior writen notice to Projact Manager except under extraordinary circumstances. The superintendent shall be {employed by the Contractor and be the Contracto’s representative atthe Project ste and shal have authorty to act on behalf Gentractor_ All communications gven tothe superintendent shal be as Binding a8 I ven fo tne Contractor. Owner shal have the right to direct Contractor to remove and replace ts Project suparntendent, with or without cause. AMtached to the Agreement as Exhibit At ise listidenttying Contectors Project Superintendent and all of Contractors key personne! who are {ssigned tothe Project such identified personnel shal not be removed without Owner’ prior writin ‘pproval, and if so removed must be immediately feplaced with a person acceptable to Owner. 242 Contractor shall have @ competent superintendent on the project at all times whenever ‘contractor's work erans, of work crews of other parties authorized by the Project Manager are ‘engages in any activity whatsoever associated with the Project. Should the Contractor fall to comply ‘wth the above conaiton, the Project Manager shall, at his discretion, deduct from the Contractor's monty pay estimate, sufieent moneys to account for tha Owner’ loss of adequate project Supervision, not a6 8 penalty, but as liquidated damages, separate from the liquidated damages deserbed in Section 6.5, for Services not rendered 25. PROTECTION CF WORK. 25.1. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any ‘uch loss or damage anil final payment has been made. If Contractor or any one for wom Contractor is legally Hatle for responsible for any loss or damage fo the Work, or other work or ‘materials of Owner or Owner's separate contractors, Contractor shal be charged withthe same, and ‘any moneys necessary to replace such lose or damage shall be deducted from any amounts due Contractor. 282 Contractor shall ot load nor permit any part of any structure tobe loaded in any manner that ‘vilendanger te struct, nor shal Contractor subject any part of the Work or adjacant property to stresses or pressures that will endanger 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect othe Projet. If Contractor, or its subcontractors, agents or anyone for whhom Contractor 's legally lable, disturs the Owner or Design Professional's benchmarks, Contractor shal immediately natiy Project Manager and Design Professional. The Owner or Design Professional shall reestablish the benchmarks and Contractor shall be lable forall cosis incurred by Owner ‘associated therewith Conan Senos Aguerant: Reve 25207)26, EMERGENCIES. 261 _In the event of a1 emergency affecting the safety or protection of persons or the Work or Dropenty atthe Projet sto or adjacent thereto, Contractor, without special instruction or authorization fom Owner or Design Professional s obligated to acto prevent threatened damage, injury or los. Contractor shall give Project Manager written natice within ferty-elght (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any Signticant changes in the iWork or variations from the Contract Documents have been caused ‘hereby. ifthe Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, @ Change Order shail be issued to document the consequences ofthe changes or variations. If Contractor falls to provide the fry-eight {d5) hour writen notoe noted above, the Contactor shall be deemed to have waived any right btherwise may have hat to seek an adjustment to the Contract Amount or an extension to the Contract Time 27, USE OF PREMISES. 27.4. Contractor shal maintain all constuction equipment, the storage of materials and equipment land the operations of warkars ta the Project site and land and areas identified in and permited by the Contract Documents and other lands and areas parmited by law, rights of way, permits and ‘easements, and shall net unreasonably encumber the Project ste with construction equipment or ‘ther material or equipment. Contactor shall assume full responsibilty for any damage to ny such land or area, o to the ovner or occupant there, oF any land or areas contiguous thereto, resulting ‘fom tne periormance ofthe Work 28, SAFETY. 264. Contractor shall be responsible for ‘ntating, maintaining and supervising all safety precautions and. programs in connection with the Work. Contractor shall take all necessary precautions forthe safey of, and shall provide the necessary protection to prevent damage, injury or oss to 28.1.1___Allenployees on or about he project ste and other persons andlor organizations who may be affected thereby; 26.1.2 __Allthe Werk and materials and equipment tobe incorporated therein, whether in ‘storage on or of the Prject ite: and 28.1.3 _ Otherproperty on Project ste or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, ulitas and any underground structures or improvements not {esignated for removal, relocation or replacement inthe Contract Documents. 282 Contactar shall zomply wth all aplicable codes, laws, ordinances, rules and regulations of ‘ny public Body having juriciction for the safely of persons’ or property or to protaet them from ‘damage, injury or loss. Contractor shall erect and maintain all necessary Safeguards for such safety ‘and protection. Contractor shall notfy owners of adjacent property and of underground structures land improvements and willy owners when prosecution of the Werk may affect them, and shal ‘cooperate with them Ih the protection, removal, relocation or replacement of their property Contractors duties and responsibiites for the safely and protection of the Work shall continue unt such time as the Work completed and final acceptance of same by Owner has eccutred conemton Sede geomet eid 0252007)[Al new electrical instaations shall incorporate NFPA 7OE Shot Circuit Protective Device Coordination and Arc Flash Stucies where relevant as determined by the engineer. All electrical installations shal be labeled with appropriate NFPA 706 arch flash boundary and PPE Protective labels 283, Contractor shall designate a responsible representative located on a full time basis at the Project ste whose duly shall be the prevention of accidents. This person shall be Contractor's superintendent unless ofverwise designated in wing by Contractor to Owner. 284 Atcoho, drugs ard all legal substances are strictly prohibited on any Owner property. All ‘employees of Contract, a8 wall a6 those ofall subcontractors and those of any other person of ent for whom Contract is legally lable (calectvely referred to een as “Employees, shall not possess or be under the influenca of any such substances while on any Owner property. Further, Employees shal not tring on to ary Owner property any gun, fle or other frearm, or explosives of any kind 285 Contractor acknowledges thatthe Work may be progressing ona Project site which is located ‘upon or adjacent to an existing Owner facty. In such event, Contractor shall comply with the following 285.1 Al Owner faites ate smoke free, Smoking is strictly prohibited 28.52 Al Employees shall be provided an identification badge by Contractor, Such identification badge must be prominently displayed on the outside of the Employees! clothing at al times, All Employees werkng a the Project sta must log in and outwith the Contractor each day; 285.3 Contractor shall strcty limit its operations tothe designated work areas and sali not permit any Employees to enter any other portions of Owners property without Owner's expressed prior written consant 28.54 —__Al Employees are prohibited from distributing any papers or other materials ‘upon Owners property, and ate sticly prohibited from using any of Owners telephones or other office equipment; 28.55 _ AlEmployees shall tall times comply withthe OSHA regulations with respect to dress and conduct athe Projet ste. Further, all Employees shall comply withthe dress, conduct ‘and fact zaguations sued by Owners officials onsite, as said regulations may be changed from time to time; 2858 __ALEmployges shall enter and leave Owner's facilities only through the ingress ‘ancegress points identifedin the sto lization plan approved by Owe or as otherwise designated, from time te time, by Owner in writing 285.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving fersonal injury, economic loss or damage to Owners facies or personal property therain, 2858 The Employees may not solic, cistribute or sell products while on Owners property. Friends, family members of other Vstors ofthe Employees ara not permitted on Owner's property and ors Seca geen Reid 82527)2859 At all tines, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all secury requirements at Owner's fcities, as said regulations land requirements may ba modified or change by Owner from tne to te, 28, PROJECT MEETINGS, Prior tothe commencement of Work, the Contractor shall attend a pre:constuction conference with the Project Manager, Lesign Professional and thers as appropriate to discuss the Progress Schedule, procedures “or handing shop drawings and other submittals, and for processing ‘Applications for Paymect, and to establish & working understanding among the parties as to the ‘Work, During the prosecition ofthe Wark, tne Contractor shall attend any and all meetings convened by the Project Manager with respact to the Project, when directed to do so by Project Manager or Besign Professional. Tre Contractor shall have is 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 forall contracts awarded in fexcess ‘of $25,000. To this end, vendors will be evaluated on their performance upon ‘completionterminaton this Agreement. 31, MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Coler County Right-ot Way, the Contractor shal provide and erect Trac Contal Devices as prescrived inthe current edition of the Manual On Uniform ‘Traffe Conta! Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation s Design Standares (OS), where applicable on state roadways, {hese projects shall ago comely wih Coller County's Maintenance of Trafic Policy, ROBU/ incorporated herain by reference. Copies are avaiable through Risk Management and/or Procurement Services Civision, and is available onne at collergov net/purchasing ‘The Contractor wil be responsible for obtaining copies of all aquired manuals, MUTCD, FDOT Roadway & Traffle Desgn Stendards Indexes, or other related documents, so 10 become familar vith thelr requirements. Strict adherence to the requirements of the Maintenance of Trac MOT") policy wil be enforced under this Contract ‘Al costs associated with the Maintenance of Trafic shall be included on the ine item on the bid page. If MOT Is required, MOT isto be provided within ten (10) days of receipt of Notice of Award 32, SALES TAX SAVINGS AND DIRECT PURCHASE. 321 Contractor shall pay all sales, consumer, use and other similar taxes associated with the \Work or partons thereol, which are applicable during the performance ofthe Work, No markup shall be applied to sales tax Adltonally, as directed by Owner and at no addtional cost to Owner, Contractor shall comply with and fly implement the sales tax savings program wih respect tothe ‘Werk, asset forth in section 32.2 below: 32.2 Notwithstanding anything herein tothe contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings forthe Project, Owner reserves the right to make direct purchases of various cavsttucton materials and equipment Included in the Work ("Direct Purchase’ Coren Secs Ager Raed #2520607)Contractor shal prepare ourchase orders to vendors selected by Contractor, fr execution by Owner, tn forms provided by Owner, Contractor shal allow two weeks for execution of all such purchase brders by Owner. Contactor represents and warrants that twill use its best efforts fo cooperate ‘wth Oweerin implementing this sales tax saving program inorder to maximize cost savings for the Project, Adjustments to tne Contract Amount wil be made by appropriate Change Orders forthe amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed prompt after each Direct Purchase, or graup of simiar of related Direct Purchases, Uhless otherwise mutvaly agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contactor shal remain responsible for coordinating, ordering, inspecting, accepting delvery, storing, handing, instaling, warranting and quality cont! for all Direct Purchases. Notwtnstarding anything herein tothe contrary, Contractor expressly acknowledges ‘and agrees that all Dect Purchases shall be included within an covered by Contractor's warranty to Ounorto the same extent as al other warranties provided by Contractor pursuant tothe terms of the Contract Documents, Inthe 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 Buch Direct Purchase, ypon request from Contractor Owner shall assign to Contractor any and all \artantes and Contract gnts Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner, 92.3. Bicder epresenss ang warrants that t Is aware of is statutory responsibilities forsale tax Under Chapter 212, Florda Statues, and fo is responsibiities for Federal excise taxes. 32, SUBCONTRACTS. 38:1 Contractor shal view the design and shal determine how it desires to divide the sequence ‘of construction aeviies Contractor wil determine the breakdown and composition of bid packages for award of sudcontracs, based onthe curent Project Milestone Schedule, and shall supply a copy ‘ofthat breakdown ane composition to Owner and Oesign Professional for thr review and approval prior to submiting He fst Apolcaon for Payment. Contractor shall take into consideration such {actors a8 natutal and practical ines of severabliy, sequencing effectiveness, access and avalabilly Constraints, total time ‘or competion, construction market conditions, avalailty of labor and materials, community relations and any other factors pertinent to saving time and costs 39.2. Subcontractoris any person or entity whos performing furnishing, supplying or providing ‘any porton ofthe Werk pursvant fo a contractwth Contractor, Contractor shallbe solely responsible for and have contol over the Subcontractors. Contractor shall nagotate al Change Orders, Work Directive Changes, Fie! Orders and Requests for Proposal, with al affected Subcontractors and ‘hall review the costs ofthose proposals and advise Owner and Design Professional of thelr valty land reasonableness, ating in Owner's Best interest, prior to requesting approval of any Change ‘Geder from Owner. All Subcontractors performing any portion ofthe Work on this Project must be “qualfies" 28 defined in Collar County Ordinance 2073-68, meaning a person or entity that has the capability inal respects to perform fully the Agreement requirements with respect to Is portion of the Werk and has the inlegny and relabilty to assure good faith performance, 33.3 In addition to ttose Subcontractors identifi in Contractor's bid that were approved by ‘wer, Contractor aiso shal ently any other Subcontractors, including thar addresses, licensing information and phone numbers, i intends to utize for the Project prior to entering into any “Subcontractor purchase order and por tothe Subcontractor commencing any work onthe Project. ‘The ist identiying eaer Subcontractor cannot be motified, changed, or amended without prior written approval from Cumer. Any and all Subcontractor work to be sel-performed by Contractor ‘must be approved in witing by Owner in its sole discretion prior to commencement of such work conan Secs Aer ReContractor shall continucusly update that Subcontractor ist, so that itremains current and accurate ‘throughout the entire performance of the Work 33.4 Contractor shall rot enter into @ subcontract or purchase order with any Subcontractor if Onmer reasonably objeds to that Subcontractar, Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file @ copy of the license for every Subcontractor and sub-sibcontractor performing any portion ofthe Work, as well as maintain a log of all such icenses. llstbcontracts and purchase orders between Contractor and is Subcontractors shall be in wring and are subject to Owners approval. Further, unless expressly waived in wring by Owner, all subcontracs ang purchase orders shall (1) require each Subcontractor to be bound 10 Contractor to the same extent Contractors bound to Owner by the terms ofthe Contract Documents, as tose terms may apply othe portion ofthe Work to be performed by the Subcontract, (2) provide forthe assignment ofthe subcontractor purchase order from Contractor to Over al the election of (Owner upon termination of Contactor, (3) provide that Owner willbe an additional indemnified party ofthe subcontract or puchase order, () provide that Owner, Collier County Government, will be an Adeltionalingured on all lability insurance polcies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) idertiy Oumer as an intended thickparty beneficiary of the subcontract of purchase order. Contractor shall make available to each proposes Subcontracter, prior to the execution ofthe subcontract, copies ofthe Contract Documents to which the Subcontractor wil be bound. Each Subcontacior shal simiarly make copies of such documents availabe to Is Sub- subcontractors. 38.5 Each Subcontracor performing work atthe Project Site must agree to provide fl (on-site) supervision through @ named superintendent for each trade (eg, general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or Purchase order. In adation, the Subcontractor shall assign and name a qualified employes for Echeduling direction forte potion of the Work. The suparvieory empoyaes of the Subcontractor Cinetuding eid suparnte dent foreman and schedulers at al levels} must have been employed in a supervisory (leadership)capacity of substantially equivalent level on similar project for atleast two years within he last five years. The Subcontractor shall include a resume of experience for each ‘employee ientied by ito supervise and schedule ts work. 33.6 Unless otherwise expressly waived by Owner in wring, all subcontracts and purchase orders shall provide: 33.81 That te Subcontractors exclusive remedy for delays in the performance of the ‘subcontractor purchase order caused by events beyond its control, including delays ciaimed to be Caused by Owner of Design Professional or aibutable to Owner or Design Professional and Including claims based 01 breach of contract or negligence, shallbe an extension ofits contract ime. 3862 _Intheevent ofa change in the work, the Subcontractor’ claim for adjustments in the contract sum are limted exclusively fits actual costs for such changes plus no more than 10% for overhead and profit 336.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constiute its sole and exclusive remedies for delays. and changes in the Work ard thus eliminate any other remedies for ciaim for increase inthe contract price, damages, losses or additional compensation. Further, Contractor shall require all ‘Subcontractors to similaly incorporate the terms of tis Section 33.6 info their sub-subcontracts and purchase orders. Comucton Seniesa Rewand 52520)38.64 Each subcontract and purchase order shell require that any claims by ‘subcontractor for delay cf adtlonal cost must be submitted to Contractor within the time and in the ‘manner in which Contractor must submit such claims to Owner, and tat failure to comply wth such Ccondions for giving notice and submiting claims shall esutin the waiver of such claims, 34, CONSTRUCTION SERVICES. 341 Contractor shall naintain at the Project st, originals or copies of, on a current basis, all Projet fies and records, cluding, but not limited to, th folowing administrative records 4.4 Subcontracts and Purchase Orders 341.2 Subcontractor Licenses 341.3 Shop Drawing SubmittalApproval Logs 3434 Equipment Purchase/Delvery Logs 34115 Contract Drawings and Specications wih Addenda, 341.8 Warranties and Guarantees BA17 Cost Accounting Records uate Labor Costs 3419 Material Costs 341.10 Equipment Costs S411 Gost Proposal Request 341.12 Payment Request Records 34119 Meeting Minutes 34114 CostEstimates 341.18 Bulletin Quotations 341.18 Lab Test Reports 341.17 Insurance Ceriicates and Bonds 34118 Contract Changes 2ei9 Boris 341.20 Material Purchase Delivery Logs 34121 Technical Standards 341.22 Design Handbooks 36123 "As-Bult Marked Prints 341.24 Operating & Maintenance instruction 361.25 Dally Progress Reports 361.28 Monthly Progress Reports 36127 Correspondence Files 32128 Transmittal Records 32120 Inapection Reports 36130 Punch Lists 361.31 PMS Schedule and Updates: 361132 Suspense (Tickle) Files of Outstanding Reauirements “The Project files and records shall be avalible at all times to Owner and Design Professional or thle designees for reference, review or copying 342 Contractor Presentations [At the diseaton 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 adverised Public Meeting on a scheduleto be determined by the Counly Manager or his designee. Prior tothe scheduled presentation date, the Contractor shall mee! wth appropriate County staff to discuss the presentation requirements and format. Presentations may include, bu not be limited to, the folowing information: Original contract ‘mount, project schedus, project completion date and any changes to the aforementioned since Notice fo Proceed was issues 38. SECURITY. ‘The Contactor is required to comply with County Ordinance 2004-62, as amended. Background checks are valid for five 6) years and the Contractor shal be responsible forall associated cos. It required, Contractor shal be responsible forthe costs of proving backround checks by the Collier County Facts Managament Division forall employees that shall provide services to the County under this Agreement. Tis may include, but not be limited to, checking federal, state anc local aw ‘enforeement records. induting & state and FBI fingerprint check, credit reports, education, residence land employment verifestions and other related records. Contractor shall be required to maintain Feeords on each employee and make ther avallable tothe County for at least four 4) years. [All of Contactors employees and subcontractors must wear Collier County Government Identification badges at al times while performing services on County facies and properties. Contractor ID baoges are vali for ona (1) year from the date of issuance and can be renewed each year at no cost fo the Centractor during the time perio in which their background check is valid, as {iscussed below. Al tectncians shall have on ther shits the name ofthe contractor's business. ‘The Contractor shall immediately nati the Colter County Facies Management Division via e-mail (OL-EMOPS@eolieraoy nel) whenever an employee assigned to Colles County separates from their ‘employment. This notation is crtical to ensure the continued secur of Colier County facities land systems. Failure 1 rotily within for (@) hours of separation may result in a deduction of $500 per ineient. CSO requires separate ngerprinting prior to work being performed in any of hel locations. This wil be coordinated upon award of the contract If there are additonal fees for this proces, the Contractor is responsible oral cost. 36, VENUE. ‘Any sult or action brought by either party to this Agreement against the other party coating to or ‘arsing out of this Agreement must be brought in the appropriate federal or stale courts in Colier County, Flosda, whieh cnuts have sole and exclusive jurisdiction on all such matters 37, VALUE ENGINEERING All projects with an estimated cost of $10 milion or more shall be reviewed for consideration of a ‘Value Engineering (VE) study conducted during project development. “project” shal be defines the collecive contracts, which may include but not be limited to: design, constuction, a construction, engineering and inspection (CE) services. Aditonaly, any project with an estimated Construction value of $2 milion or mare may be reviewed for VE atthe discretion of the County 38, ABOVEGROUNDIUNDERGROUND TANKS. {38:1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/304; FDEP chepter 62 regulaions: speciicaly 761, 762, 777, and 780, 376 & 403 Florida Statutes; and Cantrason Sees trot Reaed 52520)ST, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining tothe storage of hazardous materials and ptroleum products {38.2 The contractor shal notity the Sold & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for {penerator, storing / willbe storing petroleum products or hazardous materials. The contractor shal provide a 10 day and 48:nour notce fo SHWMD 238-252-2508 prior to commencement ‘The contractor shall provide the plans pertaining to the storage tank systems containing hazardous ‘materials / petroleum products to the SHWVMO prior to plans submittal o a permiting entty and then 'SHWMD must approve fhe plan prior to contractor's submital for permiting, 39, STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES “The Contractor shall employ people to work on Oumer’s projects who are neat, clean, well-groomed and courteous, Subject lo 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, subordinate or otherwise objectionable and whose continued employment on Owners projects is not inthe best interest ofthe County 40, DISPUTE RESO-UTION. Prior to the intiaton of any action or proceeding permites by this Agreement to resolve disputes between the parties, the parties shall make @ good faith fort to resolve any such disputes by negotiation. The negotiton shall be attended by representatives of Contractor with full decsion- ‘making authority and by Oemner’s staff person who would make the presentation of any settlement reached during nagotations to Owner for approval. Faling resolution, and prior to the ‘Commencement of depositions In any gation between the patios asing outof this Agreement, the partes shal attempt to resolve the dispute through Mediation before an agreed-upon Circut Court eciator certified by the State of Flora. The mediavon shall be attended by representatives of Contractor with full decision-making authorty and by Owners staff person or designee who would make the presentation of any settiment reached al mediation to Owner's Board for approval ‘Should ether party fall) submit to meciation as required hereunder, the other party may obtain @ court order requiring mediation under Section 44102, Fla. Stat. ‘Any suitor action brought by either party to this Agreoment against the other party relating to or ‘araing out ofthis Agreement must be brought in the appropriate federal or stele cours in Colier County, Florida, which courts have sole and exclusive jrisciction on all such matters. onan Seve tron Rawaed 52528)EXHIBIT : SUPPLEMENTAL TERMS AND CONDITIONS NA ‘eran Serves Afonont Ree 625207) > ey