Construction_Services_Agreement_2025_ver._3.pdf

Construction Services Agreement: [2025_ver.3]

CONSTRUCTION AGREEMENT

THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (“County” or "Owner") hereby contracts with 1-Company name ("Contractor") of 2-Company Address, a 3- Business Entity type, authorized to do business in the State of Florida, to perform all work ("Work") in connection with 4-Project Name, Invitation to Bid No. 5-Bid # ("Project"), as said Work is set forth in the Plans and Specifications prepared by 6-Engineer’s Name, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified.

Owner and Contractor, for the consideration herein set forth, agree as follows:

Section 1. Contract Documents.

A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the “Contract”). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work.

B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting.

Section 2. Scope of Work.

Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents.

Section 3. Contract Amount.

In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: X-Amount of Dollars Described in Words (Dollars in Numbers). The amount of X-Amount of Allowance described in Words (Allowance amount in numbers) has been allocated as an Owner’s Allowance. Any allowance dollar amount that has been included in the Contractor’s Bid Schedule amount is not a guaranteed portion of the aforementioned Contract Amount but rather is only eligible for reimbursement by the Owner if and subject to whether a specific dollar amount of the allowance is expressly authorized by the Owner and formally agreed upon and memorialized by the Parties in writing (the “Owner’s Allowance”). Any dollar portion of an Owner’s Allowance that is not authorized by the Owner and memorialized by the Parties in writing, via Change Order, shall not be eligible for reimbursement/payment by the Owner as part of a Payment Application submitted by the Contractor.

Section 4. Bonds.

A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, plus any approved allowance as provided in Section 3, the costs of which are to be paid by Contractor.

The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies” circular. This circular may be accessed via the web at https://fiscal.treasury.gov/surety-bonds/list-certified-companies.html. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety.

B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval.

Section 5. Contract Time and Liquidated Damages.

A. Time of Performance.

Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within X- (X-Days in Numbers) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended, as more particularly defined herein at Section 16, Defined Terms. Contractor shall achieve Final Completion within X (X-Days in numbers) calendar days after the date the Punch List is delivered to the Contractor. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives.

B. Liquidated Damages in General.

Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner’s damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, X Amount of Dollars Described in Words (Dollars in Numbers) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess, and Contractor shall be liable for all actual damages incurred by Owner as https://fiscal.treasury.gov/surety-bonds/list-certified-companies.html a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date specified by the Project Manager (or at his/her direction, the Design Professional) as memorialized in the Certificate of Substantial Completion issued pursuant to the terms hereof, and as more particularly defined herein at Section 16, Defined Terms. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner’s actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods.

C. Computation of Time Periods.

When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, or legal holiday.

D. Determination of Number of Days of Default.

For all contracts, the Owner will count default days in calendar days.

E. Right of Collection.

The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner’s sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner’s election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions.

F. Completion of Work by Owner.

In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work, as more particularly defined herein at Section 16, Defined Terms. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner.

G. Final Acceptance by Owner.

The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents.

H. Recovery of Damages Suffered by Third Parties.

Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor’s failure to fulfill all of its obligations under the Contract Documents. Owner’s recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement.

Section 6. Exhibits Incorporated.

Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto, and made a part of this Agreement for Solicitation #11-Insert ITB # and Name.

Exhibit A-1: Contractor’s Bid Schedule Exhibit A-2: Contractor’s Bid Submittal Forms and Addendums Exhibit A-3: Contractor’s List of Key Personnel Assigned to the Project Exhibit B-1: Payment Bond Form Not Applicable

Exhibit B-2: Performance Bond Form Not Applicable Exhibit B-3: Insurance Requirements

Exhibit C: Release and Affidavit Form Exhibit D-1: Contractor Application for Payment Form

Exhibit D-2: Schedule of Values Exhibit D-3: Stored Materials Record Exhibit E-1: Change Order Form Exhibit E-2 Work Directive Form Exhibit F-1: Certificate of Substantial Completion Form Exhibit F-2: Certificate of Final Completion

Exhibit F-3: Punch List Form Exhibit G-1: Final Payment Checklist Exhibit G-2: Warranty Exhibit H: General Terms and Conditions

Exhibit I-1: Supplemental Terms and Conditions Applicable Not Applicable Exhibit I-2: Affidavit Regarding Labor and Services

The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 12-Insert ITB # and Name. The complete contract documents, including Addendum with attachments, are available on the County’s on-line bidding system, which the parties agree comprise the final integrated agreement executed by the parties.

Sections corresponding to any checked box ( ) expressly apply to the terms of this Agreement and are available through the County’s on-line bidding.

Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details Exhibit M: Plans and Specifications prepared by: 13-Engineer’s Name

Exhibit N: Environmental Health and Safety Requirements for Construction Projects

Section 7. Notices

A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail or E-mail, addressed to the following:

Collier County Board of County Commissioners, FL c/o [Division Name]

[Address] [Address]

Attn: [Project Manager, Title]

Phone: [Number] Email: [Email]

B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, or E-mail, addressed to the following:

[Contractor Name]

[Address] [Address]

Attn: [Point of Contact, Title] Phone: [Number]

Email: [email]

C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section.

Section 8. PUBLIC ENTITY CRIMES.

8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows:

"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list."

Section 9. Modification.

No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.

Section 10. Successors and Assigns.

Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement.

Section 11. Governing Law.

The Agreement shall be interpreted under, and its performance governed by the laws of the State of Florida.

Section 12. No Waiver.

The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision.

Section 13. Entire Agreement.

Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated, and superseded by the Agreement.

Section 14. Severability.

Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof.

Section 15. Change Order Authorization.

The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner’s Procurement Ordinance, as amended, and the terms of the Contract Documents.

Section 16. Construction.

(i) Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement.

(ii) Defined Terms: The following Defined Terms used in the Agreement shall be understood to be defined as expressly set forth below. Other terms referenced in the Agreement shall be understood as they may separately be defined herein or if not so defined shall be understood consistent with their natural and ordinary meaning.

(a) “Application for Payment” shall mean the form provided by the Owner that is to be used by the Contractor in requesting a progress or final payment and which is to include such supporting documentation as is required by the Contract Documents.

(b) “Construction Project” shall mean a Project, funded by Owner funds that involves the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any real property owned or under the control of the Owner, which Work is being performed under a Construction Contract.

(c) “Construction Services” shall mean all labor and materials to be provided by Contractor in connection with the construction, alteration, repair, demolition, reconstruction, or any other improvements to real property. Construction Services also means Work.

(d) “Contract” or “Contract Documents” shall refer to those documents described in Section 1, subsection A of the Agreement.

(e) “Defective” shall mean an adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, deficient or otherwise does not conform to the Contract Documents.

(f) “Department” shall mean the Department or Division initiating and managing the Project on behalf of the Owner.

(g) “Director” shall mean the Director or Administrator of the Department or Division initiating and managing the Project on behalf of the Owner.

(h) “Final Acceptance” shall mean acceptance of the Work by the Owner as evidenced by the signature of the Project Manager or Design Professional upon the Certificate of Final Completion form, Exhibit F-2. Final Acceptance shall be deemed to have taken place only if and when such signature is affixed to such certificate. The Certificate of Final Completion shall be signed only after the Project Manager has assurance by tests, inspection, or otherwise that all of the provisions of the Contract Documents have been carried out, including completion of the Punch List form, Exhibit F-3.

(i) “Professional” or “Design Professional” shall mean the professional architectural/engineering firm designated to perform the design, Construction Engineering and Inspection (“CEI”) services, by an existing agreement, or resident in-house Owner engineering services for the Work. At times, Owner staff may perform the design for the Work in-house and shall be considered the Professional in relation to the Work or a particular portion of the Work.

(j) “Project” shall mean the total construction, of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents.

(k) “Project Manager” shall mean an individual employed by the Owner and assigned to manage and administer the Project which is the subject of the Contract Documents.

(l) “Proper Invoice” shall mean an invoice that conforms with all statutory requirements and all requirements specified in the Contract Documents.

(m) “Punch List” shall mean the approved list of incomplete and/or deficient Work that shall be completed by the Contractor after Substantial Completion but before the Final Acceptance can be certified by the Project Manager. The Punch List enumerates the items required to render complete, satisfactory and acceptable all Work by the Contractor. The Punch List is developed by the Contractor, Owner and Professional (if any) in accordance with the provisions of the Contract and within the time frames required therein. The Punch List essentially includes items of a minor nature; major items must be completed before Substantial Completion and cannot be considered to be Punch List work.

(n) “Schedule of Values” shall mean a schedule showing all activities of the Work subdivided into component parts in sufficient detail to serve as the basis for measuring quantities in place and/or calculating amounts for progress payments during construction. The Schedule of Values shall be satisfactory in form and substance to the Project Manager.

(o) “Substantial Completion” shall mean the status of completion of the Work which, in the opinion of the Project Manager as evidenced by a definitive Certificate of Substantial Completion, is complete in accordance with the Contract Documents, except for minor outstanding items listed on the Punch List. Substantial Completion includes, but is not limited to, the following occurring: (1) the Work can be safely utilized for the purposes for which it was intended; (2) all regulatory agency requirements are satisfied, including occupancy permits, operating certificates and similar releases, (3) all operational testing has successfully occurred; (4) all required training has successfully occurred; (5) all close-out documents (such as as-built drawings, certifications, warranties, guaranties, test reports, test logs, operational manuals, etc.) have been provided by the Contractor and accepted by the Owner, and permit acceptance by permitting agencies, if applicable, see Exhibit F-1.

(p) “Work” shall mean the Work to be performed under this Agreement and shall consist of furnishing all tools, equipment, materials, supplies, and manufactured articles and for furnishing all transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Agreement in strict accordance with the Specifications, schedules, Drawings, and other Contract Documents as herein defined, all of which are made a part hereof, and including such detailed sketches as may be furnished by the Professional from time to time during construction in explanation of said Contract Documents. The Work shall be complete, and all work, materials, and services not expressly shown or called for in the Contract Documents, which may be necessary for the complete and proper construction of the Work in good faith, shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no increase in cost to the Owner.

(q) “Written Directive” shall mean a written directive and also referred to as work directive, as required by in Exhibit H, Section 10.1, in the form that appears in Exhibit E-2 that is issued to a Contractor from Owner in instances where the parties cannot agree on price and/or costs associated with work arising from differing, unforeseen or emergency site conditions and the work in question is part of the “critical path” of the contract schedule. A written directive should ultimately be followed up with an agreed upon Change Order. A verbal Work Directive may only be issued in extraordinary emergencies when necessary to protect and promote the public interest, which shall be followed up with a written Work Directive within five (5) business days.

Section 17. Order of Precedence

In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner’s Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner’s discretion.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below.

CONTRACTOR:

15-[Contractor Name]

By:_____________________________

Print Name and Title

Date: ___

ATTEST: OWNER:

Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS & Comptroller OF COLLIER COUNTY FLORIDA

BY: BY:

____________________, Chairman

Date: ______

Approved as to Form and Legality:

______________County Attorney

Print Name

EXHIBIT A-1: CONTRACTOR’S BID SCHEDULE

(FOLLOWING THIS PAGE)

EXHIBIT A-2: CONTRACTOR’S BID SUBMITTAL FORMS AND ADDENDUM

(FOLLOWING THIS PAGE)

EXHIBIT A-3: CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT

Name Personnel Category

[ ] Construction Superintendent

[ ] Project Manager

EXHIBIT B-1: PUBLIC PAYMENT BOND

(Following This Page)

EXHIBIT B – 1: PUBLIC PAYMENT BOND

Bond No. Contract No.

KNOW ALL MEN BY THESE PRESENTS: That as Principal/Contractor, and , as Surety, located at

(Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of

($ ), this includes allowance for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors, and assigns, jointly and severally.

WHEREAS, Principal has entered into a contract dated as of the day of , 20 with Oblige for (Project) in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof and is referred to as the Contract.

THE CONDITION OF THIS BOND is that if Principal:

Promptly makes payment to all claimants as defined in Section 255.05(1), Florida

Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by

Principal in the prosecution of the work provided for in the contract, then this bond is void;

otherwise, it remains in full force.

Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties’ obligation under this

Bond.

The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this

Payment Bond, regardless of the number of suits that may be filed by claimants.

IN WITNESS WHEREOF, the above parties have executed this instrument this day of

, 20 , the name of undersigned representative, pursuant to authority of its governing body.

[2024_ver.1]

Signed, sealed and delivered in the presence of:

PRINCIPAL/CONTRACTOR:

Signature Name and Title

STATE OF _________

COUNTY OF _________

The foregoing instrument was acknowledged before me by means of ___ physical presence or ___ online notarization, this ___ day of _________ 20___ by ___________________________, as _______________________________ of _________________________________ a _____________________corporation, on behalf of the corporation. He/She is personally known to me OR has produced ___________________________________ identification and did (did not) take an oath.

My Commission Expires: ________________________________________ (Signature of Notary)

(AFFIX OFFICIAL SEAL) __________________________________

(Legibly Printed) Notary Public, State of _______________________ Commission No.: ___________________________

SURETY:

Authorized Signature ________________________________________ (Printed Name ) (Business Address)

STATE OF _________

COUNTY OF _________

The foregoing instrument was acknowledged before me by means of ___ physical presence or ___ online notarization, this ___ day of _________ 20___ by ___________________________, as _______________________________ of _________________________________ a _____________________corporation, on behalf of the corporation. He/She is personally known to me OR has produced ___________________________________ identification and did (did not) take an oath.

My Commission Expires: ________________________________________ (Signature of Notary)

(AFFIX OFFICIAL SEAL) __________________________________

(Legibly Printed) Notary Public, State of _______________________ Commission No.: ___________________________

OR POWER OF ATTORNEY IN FACT

As Attorney in Fact Signature (Attach Power of Attorney

(Printed Name )

(Business Address)

STATE OF _________

COUNTY OF _________

The foregoing instrument was acknowledged before me by means of ___ physical presence or ___ online notarization, this ___ day of _________ 20___ by ___________________________, as _______________________________ of _________________________________ a _____________________corporation, on behalf of the corporation. He/She is personally known to me OR has produced ___________________________________ identification and did (did not) take an oath.

My Commission Expires: ________________________________________ (Signature of Notary)

(AFFIX OFFICIAL SEAL)

Name: __________________________________

(Legibly Printed) Notary Public, State of _______________________ Commission No.: ___________________________

EXHIBIT B-2: PUBLIC PERFORMANCE BOND

EXHIBIT B – 2: PUBLIC PERFORMANCE BOND

Bond No. Contract No.

KNOW ALL MEN BY THESE PRESENTS: That as Principal/Contractor, and , as Surety, located at (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of ($ ), in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract.

THE CONDITION OF THIS BOND is that if Principal:

1. Performs the Contract at the times and in the manner prescribed in the Contract; and

2. Pays Obligee any and all losses, damages, costs, and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and

3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise, it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond.

The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications.

This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond.

In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee.

IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of _______________, 20 ____, the name of each party being affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Signed, sealed and delivered in the presence of:

PRINCIPAL/CONTRACTOR:

Signature

Name and Title

STATE OF _________

COUNTY OF _________

The foregoing instrument was acknowledged before me by means of ___ physical presence or ___ online notarization, this ___ day of _________ 20___ by ___________________________, as _______________________________ of _________________________________ a _____________________corporation, on behalf of the corporation. He/She is personally known to me OR has produced ___________________________________ identification and did (did not) take an oath.

My Commission Expires: ________________________________________ (Signature of Notary)

(AFFIX OFFICIAL SEAL) __________________________________

(Legibly Printed) Notary Public, State of _______________________ Commission No.: ___________________________

SURETY:

Authorized Signature ________________________________________ (Printed Name ) (Business Address)

STATE OF _________

COUNTY OF _________

The foregoing instrument was acknowledged before me by means of ___ physical presence or ___ online notarization, this ___ day of _________ 20___ by ___________________________, as _______________________________ of _________________________________ a _____________________corporation, on behalf of the corporation. He/She is personally known to me OR has produced ___________________________________ identification and did (did not) take an oath.

My Commission Expires: ________________________________________ (Signature of Notary)

(AFFIX OFFICIAL SEAL) ________________________________________

(Legibly Printed)

Notary Public, State of _______________________

EXHIBIT B-3: INSURANCE REQUIREMENTS

EXHIBIT B-3: INSURANCE REQUIREMENTS

The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth herein. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work.

The County and the Contractor waive against each other and the County’s separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County”, or the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.

The amounts and types of insurance coverage shall conform to the minimum requirements set forth herein with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor’s sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.

Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts.

INSURANCE AND BONDING REQUIREMENTS

Insurance / Bond Type Required Limits

1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government

Statutory Limits and Requirements

Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/

2. Employer’s Liability $___________ single limit per occurrence

3. Commercial General Liability (Occurrence Form) patterned after the current ISO form

Bodily Injury and Property Damage

$_______________single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability.

4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement.

5. Automobile Liability $_________ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included

6. Other insurance as noted: Watercraft $ __________ Per Occurrence

United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work.

$ __________ Per Occurrence

Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work.

$ __________ Per Occurrence

Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement.

$ __________ Per Occurrence

Pollution $ __________ Per Occurrence

Professional Liability $ ___________ Per claim & in the aggregate

Project Professional Liability $__________ Per Occurrence

Valuable Papers Insurance $__________ Per Occurrence

Cyber Liability $__________ Per Occurrence

Technology Errors & Omissions $__________ Per Occurrence

7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation.

https://apps.fldfs.com/bocexempt/

8. Performance and Payment Bonds

For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M.

Best Company, Inc. of 75 Fulton Street, New York, New York 10038.

9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions.

10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly.

11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.

12. On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112

13. Thirty (30) Days Cancellation Notice required.

14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder’s Risk Insurance will be addressed by the Collier County Risk Management Division.

EXHIBIT C

RELEASE AND AFFIDAVIT FORM

(Template Form Following This Page)

EXHIBIT C: RELEASE AND AFFIDAVIT FORM

COUNTY OF (____________)

STATE OF (______________)

Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says:

(1) In accordance with the Contract Documents and in consideration of $_____________________ to be received, ______________________________________ ("Contractor") releases and waives for itself and its subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated _________________, 20____ for the period from ____________________ to _______________________. This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds.

(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner’s payment to Contractor.

(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit.

(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. _____.

Contractor’s Signature

Name and Title

STATE OF _________

COUNTY OF _________

The foregoing instrument was acknowledged before me by means of ___ physical presence or ___ online notarization, this ___ day of _________ 20___ by ___________________________, as _______________________________ of _________________________________ a _____________________corporation, on behalf of the corporation. He/She is personally known to me OR has produced ___________________________________ identification and did (did not) take an oath.

My Commission Expires: ________________________________________ (Signature of Notary)

(AFFIX OFFICIAL SEAL) __________________________________

(Legibly Printed)

Notary Public, State of _______________________

EXHIBIT D-1

CONTRACTOR APPLICATION FOR PAYMENT FORM

EXHIBIT D-1

FORM OF CONTRACT APPLICATION FOR PAYMENT

Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer Owner’s Project Manager’s Name:

Bid No.

Project No.

County’s Division Name Purchase Order No.

Submitted by Contractor Representative: Name

Application Date:

Contractor’s Name & Address:

Payment Application No.

Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $

Revised Contract Amount: $ Total Value of Work Completed & Stored to Date:

Retainage @5% through [Insert Date]

$ Retainage @ 5% through [Insert date]

Retainage @ _____% after [Insert date] ______

$ Less Retainage $

Total Earned Less Retainage $ Less previous payment(s)

Percent Work Completed to Date:

% AMOUNT DUE THIS

APPLICATION:

Percent Contract Time Completed to Date:

Liquidated Damages to Be Accrued

$ Remaining Contract Balance $

ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION

CONTRACTOR’S CERTIFICATION:

The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _____ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work.

Contractor’s Name Contractor’s Signature: Date:

Type Title: Shall be signed by an authorized representative of the Contractor.

Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:

Design Professional’s Name:

Signature: Date:

Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:

Owner’s Project Manager Name:

Signature: Date:

EXHIBIT D-2

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EXHIBIT D-3

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EXHIBIT E-1: CHANGE ORDER

Procurement Services Change Order Form

Change Order Form (2024_ver.1)

Contract# CO# PO# Project #:

Project Name:

Contractor/Consultant Name:

Select One: Contract Modification (Construction or Project Specific) Work Order Modification

Project Manager Name: r:…