The Board of Supervisors of the Key Marco Community Development District will hold a regular meeting on February 17, 2021 at 8:30 a.m., at
505 Whiskey Creek Drive, Marco Island, FL 34145.

The District fully encourages public participation in a safe and efficient manner, masks and social distancing is mandatory. Toward that end, anyone wishing to listen and participate in the meeting can do so by calling 1-888-468-1195, Participant Pin 636522.

Additionally, participants are encouraged to submit questions and comments to the District Manager in advance to facilitate the Board's consideration of such questions and comments during the meeting.

The agenda is as follows:

Call to Order/Roll Call
Approval of Agenda
Public Comments
Approval of November 18, 2020 Landowners’ Meeting Minutes
Approval of November 18, 2202 Regular Meeting Minutes
Approval of December 9, 2020 Road Workshop Meeting
Old Business
New Business
Attorney’s Report
Research Committees
Street Lights, Lynn Domenici
Roads, Mary Beth Schewitz
Hole Montes, David Schmidt
Bridge Inspection
Catch Basin Flume Improvements Bid Package
Pavement Rehabilitation Project
Earthview Report Catch Basin Camera Project
Supervisors’ Requests
District Manager’s Report
Acceptance of the Financial Statement Ending January 31, 2021
Public Comments
Set Next Meeting Date:
April 14, 2021
Adjournment

KEY MARCO COMMUNITY DEVELOPMENT DISTRICT
LANDOWNERS’ MEETING
3	NOVEMBER 18, 2020
4
APPEARANCES:	Mary Beth Schewitz, Chairman
Luanne Kerins, Co-Chair
Terri Stanton, Supervisor
Lynn Domenici, Supervisor
9
10	ABSENT:	John Esposito, Supervisor
11
ALSO PRESENT:	Katie Maline, District Manager/Secretary
Greg Urbancic, District Counsel
14
CALL TO ORDER
The meeting was called to order at 8:40 a.m.
17
DETERMINATION OF NUMBER OF VOTING UNITS REPRESENTED
Mrs. Maline reported that there were 26 voting units present.
20
ELECTION OF CHAIRMAN TO CONDUCT LANDOWNERS’ MEETING
Mrs. Schewitz volunteered to chair the meeting, with Mrs. Maline acting as the secretary.
23
NOMINATION FOR POSITION OF SUPERVISOR/LANDOWNERS QUESTIONS OR
COMMENTS
Three seats were open to be filled, including Chair 2, Mrs. Kerins, Chair 3, Mr. Esposito, and
Chair 5, Mrs. Stanton.
28
All three of these individuals have agreed to continue to serve, and no further nominations come
from the floor.
31
32	There were no questions or comments from the landowners.
33
BALLOT TABULATION
The ballots were then collected and counted.
36
The results were as follows: Mrs. Kerins, 23 votes, Mr. Esposito, 22 votes, and Mrs. Stanton,
21 votes. The three Supervisors were then thanked for their continuing service.
39
LANDOWNERS QUESTIONS OR COMMENT
No questions were received from the landowners.
42
ADJOURNMENT
The Landowners Meeting was then adjourned at 8:53 a.m. on a voice vote by Mr. Kerins and a
second by Mrs. Schewitz.

KEY MARCO COMMUNITY DEVELOPMENT DISTRICT
REGULAR MEETING OF THE BOARD OF DIRECTORS
3	NOVEMBER 18, 2020
4
APPEARANCES:	Mary Beth Schewitz, Chairman
Luanne Kerins, Co-Chairman
Lynn Domenici, Supervisor
Terri Stanton, Supervisor
9
10	ABSENT:	John Esposito, Supervisor
11
ALSO PRESENT:	Katie Maline, District Manager, Secretary
Greg Urbancic, District Counsel
Dave Schmidt, Hole Montes
15
CALL TO ORDER/ROLL CALL
The above noted directors were in attendance, which constituted a quorum.
18
OATH OF OFFICE
The new Oath of Office forms were provided to Mrs. Kerins and Mrs. Stanton who completed the forms
and returned them to Mrs. Maline.
22
PUBLIC COMMENT
No comments were received from the public.
25
APPROVAL OF AGENDA
No changes were made to the agenda.
28
29	APPROVAL OF SEPTEMBER 16, 2020 MEETIG MINUTES
30
31	The adjournment time was corrected to read 10:27 a.m.
32
On line 42, where it indicated that Mrs. Warren expressed her concerns, it should note what her
concerns were.
35
36	On line 119 the word “on” should be changed to “in”.

On a voice vote by Mrs. Kerins and a second by Mrs. Stanton, the September minutes were unanimously approved as amended.

37
OLD BUSINESS
No old business was brought before the Board.
40
NEW BUSINESS
No new business was brought before the Board.
43
44

45	ATTORNEY’S REPORT
46
A. 2021-01 Canvassing Resolution
This Resolution memorialized the election that just took place, and the terms each Supervisor will serve
as a result of the number of votes received.  Mrs. Stanton would have a two-year term as she received
the least number of votes.

On a voice vote by Mrs. Schewitz and a second by Mrs. Domenici, Resolution 2021-01 was unanimously approved by the Board.

51
52
B. 2021-02 Resolution Appointing Officers
On a voice vote by Mrs. Schewitz and a second by Mrs. Kerins, Resolution 2021-02 approving
the existing slate of officers moving forward was unanimously approved by the Board.
56
57	RESEARCH COMMITTEES
58
A. Street Lights
The solar lights have been delivered; it is anticipated that the lights will be installed by the end of the
year.
62
B. Roads
The meeting previously held to discuss the options for the roadways was summarized by Mrs.
Schewitz, and included flumes to direct the water off the roads and into the catch basins, the removal of
the noncompliant bike lane signs. Also, traffic calming and speed limit changes were discussed at this
research committee meeting.
68
In response to a resident’s question about the cost threshold for a project before the RFP process is
required, Mr. Urbancic reported that the threshold amount required by Chapter 190 of the Florida
Statutes is $300,000, it was agreed that getting other bids is prudent, even when it’s under that amount.

A voice vote by Mrs. Schewitz and a second by Mrs. Domenici to authorize Mrs. Maline to sign the Earthview, LLC proposal to have two catch basins at the “T” scanned with a camera to ascertain what is causing the drains not to properly drain. A “not to exceed” amount of $2,000 was set. If the costs exceed $2,000, Mrs. Maline will bring it back to the Board for further consideration. Motion carried unanimously.

72
73
The remaining catch basins have not been cleaned in 2 years. The estimated cost will be $250 an hour
for time and material, with an estimated time of 50 hours to complete.
76

Mrs. Schewitz felt that the contractor would have an informed estimate of what the job costs would be, and made a voice vote to approve the Earthview, LLC estimate as written for
$12,500. seconded by, Mrs. Domenici, motion carried unanimously.

77
78

79	Street Signs
80
Mrs. Maline reported to the Board of the options available for speed limit signs. The Lykins-Signtek
estimate of $7,900 for the nine speed limit signs that are typical of Key Marco’s standard signs. The
estimate includes removal of the old signs and installation of the new.
84
Mr. Schmidt noted that typically they could have a sign installed at the entrance to the development,
along the long road at Whiskey Creek, and one crossing the bridge. Additionally, along the two lanes at
Blue Hill one could be installed as well. He agreed that nine signs would probably be a reasonable
number.
89
Mr. Urbancic noted that to the extent the Board may wish to have the police or sheriff’s departments
enforcing the speed limits, the signs they install would have to be compliant with the State Department
of Transportation (DOT) traffic laws.
93
The Board members then agreed that green signs with white lettering would be most appropriate for
Key Marco.

On a voice vote by Mrs. Schewitz and a second by Mrs. Kerins the Board approved the purchase of nine standard DOT speed limit signs with a green field with white lettering to be installed over the existing speed limit signs. Motion carried 3-1.

96
97
98	Engineering Report
99
100	Mr. Schmitt reported that the bridge inspection is in progress at the time of this meeting.
101
As it relates to traffic calming, the options were noted, and pros and cons of reflectors and dotted lines
were explained in the handout provided to the Board. Reflectors on the center lines are approved by
the DOT, and the dotted lines are fairly new, but less maintenance than the reflectors. The costs for
each were compared, with the dotted lines being three times as expense, and the areas where either of
these could be used.
107
No specific recommendation was made on these, but Mr. Schmidt suggested that a test section be
done on each to help determine what may work best.
110
In response to a resident’s questions, Mr. Schmidt advised that the center line on the pavement would
remain where it is.

On a voice vote by Mrs. Schewitz, and a second by Mrs. Kerins, the Board agreed that Mr. Schmidt will obtain some competitive bids on 1,000 feet of the enhanced RPM option, with a “not to exceed” amount of $3,000.

113
114
The test area will be between the community center and the boat trailer yard, with bid and
implementation dates presented at the February 2021 meeting. If that is not possible, the Board will
readdress it at the February meeting.

118
As it relates to the bike paths, the markings can be removed by several different methods. Some
discussion was held regarding waiting until the resurfacing of the roadway is done to remove the
markings on the pavement. Neither Mr. Urbancic nor Mr. Schmitt were sure what the DOT rules were
on leaving them there. Mr. Schmitt will report back to the board on his findings and will obtain
proposals for the removal of the diamond pattern in the multi-use shoulder.
124
As it relates to flumes, Mr. Schmidt explained how they are installed at catch basins to help the water
direct water off the road and into the basins themselves or into the swale. While the number may be
refined, it appears that 28 of these flumes will have to be installed.
128
Mr. Schmidt anticipates that the costs will be somewhere around $60,000 and will need to go through
the competitive bidding process. Their company’s costs will be about $10,000, and Mr. Schmidt
explained what his firm will be doing to justify that amount, which will include determining the
parameters of the bid, preparing the bid package, and supervising the contractors during the installation
process.

On a voice vote by Mrs. Schewitz and a second by Mrs. Domenici, the Board approved Hole Montes’ estimate of $9,800 for their services associated with the plume work, with a “not to exceed” amount of $9,800, with the work to be done as soon as possible.

134
135
Mrs. Maline noted that a budget amendment may be required later in the year to stay on track with the
audit.
138
The final item discussed was pavement rehabilitation, and high priority areas were identified. A
proposal will be prepared, and the bidding process will take place with this item as well. The Board was
provided with copies of the anticipated work and costs for this work.
142
After a discussion, the Board agreed that the Road Research Committee would go over the proposal
thoroughly the ensure the scope of work is complete.
145
Mr. Urbancic recommended that on a project of this size, the research committee meeting should be a
Workshop and advertised as such, as this is a fact-finding committee. If more than one Board member
will attend the Workshop, it should be advertised as a Board Workshop, as any discussions held will
theoretically come before the Board for action.
150
It will be advertised as a Board Workshop, and will be held on December 9th at 9:15 a.m.
152
The sealing product that extends the life of the road that was noted in Mr. Schmidt’s handout will be
discussed at that workshop.
155
District Manager’s Report
157
Acceptance of August 30, 2020 Financial Statement
159
Mrs. Maline reported that she has received the digital accounting records from GMS, at this time she is
inputting the information into QuickBooks and ensure the final balance is correct.	Additionally, the
audit process has started with GRAU.

163
There were no further public comments received.
165
Set Next Meeting Date
167
The next meeting will be held on February 17th at 8:30 a.m.
169
Adjournment

On a voice vote by Mrs. Schewitz and a second by Mrs. Kerins, the meeting was adjourned at 11:10 a.m., motion carried 4-0.

171
172
173
174
175
176
177

MEMORANDUM

To:	Katie Maline, Key Marco CDD Manager
From:	David W. Schmitt
Date:	February 1, 2021
Subject:	Key Marco CDD Whiskey Creek Drive Bridge Inspection

On November 18, 2020 Bridging Solutions completed their inspection of the Key Marco CDD Whiskey Creek Drive Bridge. This inspection included onsite visual observation and use of drone to access the under structure. A subsequent report was issued by Bridging Solutions on December 15, 2020. The report found the bridge safe to carry legal traffic loadings. The report identified short and long term maintenance repairs to prevent further deterioration and prolong the service life of the bridge. The detailed short and long term maintenance recommendations are included in the overall report.

The design life of concrete bridges is approximately 75 years. The estimated remaining service life of the bridge is 45 years. This service life can be reached or extended with preventative maintenance and regular inspections. Following are the recommendations from the report.

Biennial (2) Bridge Inspection with updated diving inspections at 5 years.
Bridge Cleaning, Sealing and Painting - Every 10 to 15 years minimally. More frequent based on site conditions.
Asphalt Wearing Surface Replacement - At intervals of 10 to 15 years.
Deck Expansion Joint – Regular cleaning and replacement at 10 to 15 years.
Concrete Crack and Spall Repairs – To be determined on future inspections and need.
Pile Jackets – To be determined on future inspections and need.

In 2015 a project was completed for certain repairs and preventative maintenance. The engineer on this work was Bridging Solutions and the contractor was Quality Enterprises USA. This work included the following.

Mill and replacement of asphalt wearing surface.
Installation of waterproofing membrane on deck.
Replacement of concrete headers and joint seals for deck expansion joints.

The inspection report also included costs for the preventative maintenance of the bridge to allow its continued life to its full useful life of 75 years plus. (Maintenance costs are based on 2020 estimates.)

Bridge cleaning, sealing & painting (10 years)	$30,000
Replace asphalt wearing surface (10 years)	$75,000
Replace expansion joints (10 years)	$50,000

The report recommended that $18,000 per year be placed in reserves for repairs in 2030. In addition, $5,000 per year should be budgeted for the biennial inspection, and $2,000 per year for the updated diving inspection every 5 years. No costs have been included for emergency or unforeseen costs or for eventual replacement.

CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF

KEY MARCO COMMUNITY DEVELOPMENT DISTRICT CATCH BASIN & FLUME IMPROVEMENTS

Collier County, Florida

Owner:

KEY MARCO COMMUNITY DEVELOPMENT DISTRICT
c/o Katie Maline
505 Whiskey Creek Drive Marco Island, FL 34145

Prepared by:

950 Encore Way
Naples, FL 34110

Phone No. 239-254-2000

February 2021 HM # 2020.021C

Key Marco Community Development District Flume Improvements

PROJECT MANUAL TABLE OF CONTENTS

PROPOSAL SECTION

Invitation to Bid…	I-1 through I-2
Instruction to Bidders……………………………………………..…....…IB-1 through IB-5 Proposal……………………………………………………………….…....P-1 through P-7

CONTRACT FORMS

Construction Contract

TECHNICAL SPECIFICATIONS

FDOT Technical Specifications (Latest Revision) by reference

CONTRACT DRAWINGS

Contract Drawings	21 pages
(see Index of Sheets on plan cover page)

TC-1

INVITATION TO BID

Key Marco Community Development District

Catch Basin & Flume Improvements

COLLIER COUNTY, FLORIDA

Sealed proposals for the construction of Catch Basin & Flume Improvements addressed to KEY MARCO COMMUNITY DEVELOPMENT DISTRICT will be received at the office of District Manager, 505 Whiskey Creek Drive, Marco Island, FL 34145 and then all proposals will be privately opened. Any bids received after the time and date specified will not be considered.

Sealed envelopes containing proposals shall be marked or endorsed Key Marco CDD Catch Basin & Flume Improvements. No proposal will be considered unless it is made on the Proposal Form, which is included in the Contract Documents.

A NON-MANDATORY Pre-Bid conference will be held at            local time on 	ON SITE at the 505 Whiskey Creek Drive, Marco Island, FL 34145. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

DRAWINGS AND SPECIFICATIONS:

The Drawings for the proposed construction work consists of Hole Montes Drawings totaling 21 sheets (see Index of Sheets on cover page) and that bound set is a companion to these specifications. Additionally, Florida Department of Transportation Standards for Road and Bridge Construction, ASTM and other specifications herein are made a part of the contract documents by reference. In case of conflict between the referenced FDOT Specifications and the Bid and Contract Documents, the Bid and Contract Documents shall govern.

The project, in general, consists of the construction of new concrete flumes between the edge of roadway pavement to existing drainage. Other work includes cutting of notches in existing structures, regrading and sodding of existing swales and miscellaneous pavement rehabilitation.

The Contractor shall be responsible for their own takeoff of the plan set along with review of the site conditions for the project completion.
Additional set of Drawings and Specifications may be examined, by appointment only, in the office of Hole Montes, Inc., 950 Encore Way, Naples, FL 34110. Due to the location of the office relative to the site location, Hole Montes, Inc. can provide a computer link to these documents upon request. For information regarding plans and specifications, visits to the site, bid and contract requirements, contact: David W. Schmitt, P.E. at Hole Montes, Inc., Naples, Florida 34110, 239.254.2000 (davidschmitt@hmeng.com) or Debra Hogue, Project Assistant – 239.254.2000 (debrahogue@hmeng.com).

I-1

The successful bidder shall hold or obtain such Contractor’s and Business Licenses as required by State and local government requirements.

Before a Contract will be awarded for the Work, the Owner and his Agent will conduct such investigation as is necessary to determine the performance record and ability of the apparent low bidder to perform the work specified under this Contract. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder’s qualifications. The Owner reserves the right to contract to construct all or a part of the project at the Proposed Unit Prices.

The successful Bidder will be required to begin on at a date determined by the Owner and provide substantial completion of all work within 75 calendar days and final completion of all work in 90 calendar days. The date to start work will be formalized in a written Notice to Proceed from the Owner or his Agent within 30 days of contract award.

The right is reserved to reject all Proposals or any Proposal not conforming to the intent and purpose of the Contract Documents, and to postpone the award of the Contract for a period of time which shall not extend one hundred and five (105) days from the Bid Opening date.

Dated this 	.

I-2

INSTRUCTIONS TO BIDDERS

EXAMINATION OF SITE

Each bidder, by making his bid, represents that he has visited the site and familiarized himself with all the conditions under which the Work is to be performed. It shall be the Bidder’s obligation to verify for himself all information concerning site and subsurface conditions that may affect the Work. Should the Bidder be awarded the Contract, he agrees that no claim will be made against the Owner or Engineer if actual conditions do not conform to those indicated. The price bid shall include all costs of doing the work.

EXAMINATION OF CONTRACT DOCUMENTS

Each Bidder, by making his bid, represents that he has read and understands the Contract Documents.  The Bidder shall include in his bid prices any and all costs that may be necessary to complete the work in accordance with the requirements of the Contract Documents.

INTERPRETATION OF CONTRACT DOCUMENTS

Questions regarding documents, discrepancies, omissions, or intent of the Specifications or Drawings shall be submitted in writing to the Engineer at least four (4) days prior to opening of bids to provide time for issuing an Addendum. Any interpretation of the Contract Documents will be made only by  Addendum duly issued by the Engineer to each person receiving a set of Documents. Each Bidder shall acknowledge receipt of such Addenda in the space provided in the Proposal Form. The Owner will not be responsible for any oral explanations or interpretations of the Contract Documents.

APPROXIMATE QUANTITIES

For all items on which bids are to be received on a unit price basis, the quantities stated in the bid are approximate quantities, and are to be used only as a basis for comparing bids for awarding the contract. Final payment to the Contractor on unit price items will be based on the actual number of units installed in the completed Work at the stated unit prices in the Proposal. Contractor is responsible for any items on the approved plans that are not specifically listed on the bid tabulation.

PREPARATION OF PROPOSAL

Only bids which are made out on the Proposal Form (P-1 through P-18) included in this document, or issued by subsequent addendum, will be considered. If a case of discrepancy exists between unit prices and totals, the unit prices shall prevail. If a discrepancy exists between the total base bid and the true sum of the individual bid items, the true sum shall prevail. A bid may be rejected if it does not contain a price for each item named in the Proposal. Bidders are warned against making any erasures or alterations of  any kind, and bids, which contain omissions, erasures, conditions, alterations, or additions not called for may be rejected.

SIGNING OF PROPOSAL

If the Bidder is a corporation, the legal name of the corporation shall be set forth together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a co-partnership, the true name of the firm shall be set forth together with the signatures of all partners. If Bidder is an individual, his signature shall be inscribed. If signature is by an agent, other than an officer  of a corporation or a member of a partnership, a notarized power of attorney must be on file with the Owner prior to opening of bids or submitted with the bid. The proposal shall be sealed with the seal of  the business entity providing the bid.

BID SECURITY

Section Not Used.

PERFORMANCE AND PAYMENT BONDS

Section Not Used.

RETURN OF BID SECURITIES

Section Not Used.

DESIGNATION OF SUBCONTRACTORS

Each Bidder shall list on the form included in these Documents the names and addresses of all subcontractors who will perform work or render service to the Bidder on or about the construction site in an amount in excess of five percent (5%) of the Bidder’s total base bid. Each Bidder shall show on the form the portion of the Work to be done by each subcontractor.

SCHEDULE

Contractor will include in the proposal submission a schedule or timeline showing their proposed schedule of work to start and complete the project in the required timeframes.

SUBMISSION OF PROPOSAL

One original Proposal, properly signed, together with two photocopies of the proposal, three copies of the proposed schedule/timeline and one CD or flash drive containing the completed bid schedule in Excel, shall be enclosed in a sealed envelope addressed and entitled as specified in the Invitation to Bid and delivered to the office designated in the Invitation to Bid. All Addenda issued shall be acknowledged on the Proposal form at the time of bid submittal.

WITHDRAWALS OR REVISION OF PROPOSAL

A proposal may be withdrawn at any time prior to the hour fixed in the Invitation to Bid for the opening of bids, provided that a request in writing, executed by the Bidder, or his duly authorized representative, for the withdrawal of such bid is filed with the Owner at the office to receive bids prior to that time. The withdrawal of a bid will not prejudice the right of a Bidder to file a new bid.

QUALIFICATION OF BIDDERS

It is the intention of the Owner to award the Contract only to a Bidder who has furnished satisfactory evidence that he has the requisite experience and ability and that he has sufficient capital, facilities, personnel and equipment to prosecute the Work successfully and promptly, and to complete the Work within the time specified in the Contract Documents.

DISQUALIFICATION OF BIDDER

Only one (1) Proposal for the Work described in this Document from an individual, firm or partnership, a corporation or an association under the same or different names, will be considered. In the event that  there are reasonable grounds for believing that collusion exists among the Bidders, the bids of the participants in such collusion will not be considered.

PENALTY FOR COLLUSION

If at any time it shall be found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract so awarded shall be null and void, and the Contractor and his sureties shall be liable to the Owner for all loss or damage which the Owner may suffer thereby, and the Owner Agent may advertise for new bids for said work.

LICENSE

Each Bidder shall possess state and local licenses as are required by law, and shall furnish satisfactory proof to the Owner Agent upon request that the licenses are in effect during the entire period of the Contract.

OPENING OF BID

Bids will be opened privately at the offices of Special District Services, Inc. or Hole Montes, Inc.

CONSIDERATION OF BIDS

After the Proposals are opened, the Contract bid prices will be compared. The award will be made by the Owner on the basis of the Proposal from the lowest responsive*, responsible** qualified Bidder.  Until the final award of the Contract, the Owner reserves the right to reject any and all Proposals and waive all technicalities.

EFFECTIVE DATE OF AWARD

If a Contract is awarded by the Owner, such award shall be effective when formal notice of such award, signed by the authorized representative of the Owner, has been delivered to the intended awardee, or mailed to him at the main business address shown on his bid, by some officer or agent of the Owner duly authorized to give such notice. Award of contract shall not extend beyond one hundred and five (105) days from the bid opening date.

EXECUTION OF AGREEMENT

Copies of the Agreement in the number stated in the Agreement, shall be executed by the successful Bidder, and returned, together with the required bonds and insurance, within fifteen (15) calendar days from the date of the award of the Contract. Effective date of bonds shall be the same or later than the date of the Agreement.

FAILURE TO EXECUTE AGREEMENT AND FILE BONDS AND INSURANCE

Failure of a successful Bidder to execute the Agreement and the required bonds and insurance within the required time shall be just cause for annulment of the award. Upon failure of a successful Bidder to execute the Agreement and file the required bonds and insurance within the required time, he shall forfeit his bid security as liquidated damages. Upon annulment of an award, the Owner may then award a contract to the next lowest responsive, responsible Bidder.

COMMENCEMENTS AND COMPLETION OF WORK

The successful bidder shall commence work within fourteen (14) calendar days after the issuance by the Owner or Owner’s Agent of a written Notice to Proceed and shall complete all work within the time  limits stated in the Invitation to Bid.

OWNER’S RIGHTS

Owner reserves the right to reject any and all Bids, to waive any and all formalities and to negotiate contract terms with the non-responsive or conditional Bids; and/or accept the Bid that, in his judgment, will be in the best interest of the Owner. The Owner reserves the right to add or delete from the quantities listed in the Bid Form without in any way invalidating any of the unit or lump sum prices bid. The Owner reserves the right to contract to construct all or a portion of the Project at Bidder’s Proposed Unit Prices.

SURVEYING AND CONSTRUCTION STAKING

The Contractor will be responsible for all construction layout staking and surveying.

CONTRACTOR’S RESPONSIBILITIES DURING CONSTRUCTION

Contractor is responsible for furnishing daily street sweeping in the vicinity of the construction entrances, cleaning up dirt, mud, spilled stone or concrete and any other trash or debris outside construction zone.

Construction hours of operation are Monday through Friday 8:00 AM to 7:00 PM. No work shall occur on weekends or on legal holidays, except with OWNER’S prior written permission.

South Bay CDD. will be providing a staging area for use by the Contractor. The Contractor will be responsible for fencing the area and posting the property as a construction zone and securing access to the area during non-construction periods.

*   RESPONSIVE BIDDER:  Any person, firm or corporation submitting a bid for the work contemplated whose Bid Form   is complete and regular, free of exclusions or special conditions and has no alternative bids for any item unless requested in the technical specifications.

** RESPONSIBLE BIDDER: Any person, firm or corporation submitting a bid for the work contemplated who maintains a permanent place of business, has adequate personnel and equipment to complete the work properly and within the time limit that is established, and has adequate financial status to meet his obligations contingent to the work.

PROPOSAL

KEY MACO CDD CATCH BASIN & FLUME IMPROVEMENTS

COLLIER COUNTY, FLORIDA

Full Name of Bidder:

Main Business Address:

Place of Business:

State Contractor’s License(s):

TO:	KEY MARCO COMMUNITY DEVELOPMENT DISTRICT	(hereinafter called the Owner)

The undersigned, as Bidder, declares that the only person or parties interested in the Proposal as principals are those named herein, that this Proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specification, including Addenda issued thereto and acknowledges receipt below:

Addendum Number	Date Issued	Initials

He proposes, and agrees if the Proposal is accepted, that he will contract with the Owner Agent in the form of the copy of the agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed, and according to the requirements of the Owner as therein set forth, furnish the Contractors bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that we will take as full payment the sums set forth in the following Bid Forms:

I, 	, the CONTRACTOR, certify that the total from Pages P-7 through P-18 is my cumulative total for the extended items as shown in my “Bid Form(s)”.

Signed:	 	

Name and Title:	 	

Name of Company:	 	

Date:	 	

(Seal - If Corporation) (Sign Here)
By:	 	

Telephone:	 	

Subscribed and sworn to before me this 	day of, 	20 	.

Notary Public

My Commission Expires:  	

Upon receipt of written notice of the conditional acceptance of this bid, bidder will execute the formal Contract attached within fifteen (15) days and deliver the Surety Bond or Bonds and insurance as required by the Contract Documents.

If awarded a contract under this Proposal, the Undersigned proposes to start work at the site within fourteen (14) calendar days after the receipt from the Owner Agent of a written Notice to Proceed. The undersigned further agrees to substantially complete all work covered by this Proposal within 75 consecutive calendar days from  and including the  date stipulated in the written Notice to Proceed and to be fully completed to the point of final acceptance by the Owner within 90 consecutive calendar days from and including  the date stipulated in the written Notice to Proceed.

Communications concerning this Bid shall be addressed to:

Respectfully Submitted:

State of Florida)

County of 	)

 	, being first duly sworn on oath deposes and says that the Bidder on the above Proposal is organized as indicated below and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them.

 	, also deposes and says that he has examined and carefully prepared his Bid Proposal from the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct.

Corporation

The bidder is a corporation organized and existing under the laws of the State of Florida, which operates under the legal name of 	, and the  full names of its officers are as follows:

President Secretary Treasurer
Vice President/Finance Manager
and it does have a corporate seal. The 		is authorized to sign construction proposals and contracts for the company by action of its Board of Directors taken 	, a certified copy of which is hereto attached (Strike out this last sentence if not applicable).

Co-Partnership

The bidder is a co-partnership consisting of individual partners whose full names are as follows:

The co-partnership does business under the legal name of:

Individual

The bidder is an individual whose full name is 	,

and if operating under a trade name, said trade name is  	

Dated 	, 20 	

Legal Entity

(Seal - If Corporation)

(Sign Here)	By:	 	

Telephone:  	

Subscribed and sworn to before me this 	day of 	, 20 	.

Notary Public

My Commission Expires:

SUBCONTRACTOR LIST

Company Name	Description of Work

Percentage of Total Work

 	 	

KEY MARCO	
COMMUNITY DEVELOPMENT DISTRICT	
CATCH BASIN & FLUME IMPROVEMENTS	

BASE BID

BID SCHEDULE

Item
No.	
Description	
Units	Quantity
Each	Unit
Price	Extended
Price	
1	Mobilization/Demobilization & General Conditions (Not to
exceed 10%)	EA	1			
2	Structure No. 3	EA	1			
3	Structure No. 4	EA	1			
4	Structure No. 5	EA	1			
5	Structure No. 5A	EA	1			
6	Structure No. 16	EA	1			
7	Structure No. 17	EA	1			
8	Structure No. 20	EA	1			
9	Structure No. 21	EA	1			
10	Structure No. 24	EA	1			
11	Structure No. 27	EA	1			
12	Structure No. 28	EA	1			
13	Structure No. 29	EA	1			
14	Structure No. 30	EA	1			
15	Structure No. 30A	EA	1			
16	Structure No. 31	EA	1			
17	Structure No. 32	EA	1			
18	Structure No. 33	EA	1			
19	Structure No. 34	EA	1			
20	Structure No. 35	EA	1			
21	Structure No. 36	EA	1			
22	Structure No. 38	EA	1			
23	Structure No. 39	EA	1			
24	Structure No. 41	EA	1			
25	Structure No. 42	EA	1			
26	Structure No. 43	EA	1			
27	Structure No. 46	EA	1			
28	Structure No. 47	EA	1			
29	Structure No. 48	EA	1			
30	Structure No. 49	EA	1			
31	Structure No. 50	EA	1			
32	Structure No. 51	EA	1			
	TOTAL BASE BID					
ALTERNATE BID PRICE (As Needed)					
1	Additional Asphalt Pavement Rehabilitation	SY	60			
2	Additional Notches (18"x 6" deep)	EA	8			
3	Additional Concrete Flumes (7'x 5' wide)	EA	4			
4	Additional Swale Regrading	SY	100			
TOTAL ALTERNATE PRICE	$0.00

P-7

Contract No.: 		 District Award Date: 	, 2021

CONSTRUCTION CONTRACT
KEY MARCO COMMUNITY DEVELOPMENT DISTRICT

THIS CONSTRUCTION CONTRACT (this “Contract”) is made and entered into as of this      
 	day of 	, 2021, by and between KEY MARCO COMMUNITY DEVELOPMENT DISTRICT, a unit of local special purpose government created pursuant to Chapter 190, Florida Statutes (“District”), and 	, a  	
 	(“Contractor”).

WITNESSETH:

WHEREAS, District desires to obtain the services of Contractor concerning certain catch basin and flume improvement project within the Key Marco community situated in Collier County, Florida (the “Project”); and

WHEREAS, Contractor has submitted a bid proposal for provision of services to complete the Project; and

WHEREAS, Contractor represents that it has expertise in the type of services that will be required for the Project.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for Ten Dollars ($10.00) and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, and subject to the terms and conditions hereof, the parties agree as follows:

ARTICLE ONE CONTRACTOR’S RESPONSIBILITY

The service to be performed by Contractor hereunder is the Project which consists of the work on real property located within the Key Marco community in Collier County, Florida as described in the Contract Documents (as defined in Article Five below), which Contract Documents are attached hereto and made a part hereof by reference (collectively, the “Work”). For purposes of clarification of certain text within the Contract Documents, notwithstanding anything to the contrary, the Work specifically includes, without limitation those items set forth on Exhibit “A” attached hereto and made a part hereof. The obligations of Contractor hereunder shall include the furnishing and maintaining any required bonds and insurance.

Contractor agrees to obtain and maintain throughout the period of this Contract all such licenses as are required to do business in the State of Florida, Collier County, Florida and the City of Marco Island, including, but not limited to, all licenses, if any, required by the respective state boards and other governmental agencies responsible for regulating and licensing the services to be provided and performed by Contractor pursuant to this Contract.

Contractor agrees that, when the services to be provided hereunder relate to a service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, Contractor shall employ and/or retain only qualified personnel to provide such services.

Contractor agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, an individual to serve as Contractor’s project manager (hereinafter referred to as the “Project Manager”). The Project Manager shall be authorized and responsible to act on behalf of Contractor with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Contract.

Contractor has represented to District that it has expertise in the type of services that will be required for the Work. Contractor agrees that all services to be provided by Contractor pursuant to this Contract shall be subject to District’s review and written approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by Contractor hereunder. In the event of any conflicts in these requirements, Contractor shall notify District of such conflict in writing and utilize its best professional judgment to advise District regarding resolution of the conflict.

All permits necessary for the performance of the Work shall be procured and paid for by Contractor. Contractor shall be solely responsible for the actions of all employees and subcontractors it utilizes on the Project. All licenses necessary for Contractor’s performance of the Work shall be procured, maintained, and paid for by Contractor. If Contractor performs any Work without obtaining, or contrary to, such permits and licenses, Contractor shall bear all costs arising therefrom. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution and completion of the Work. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work.

Contractor agrees to keep the Project site clean at all times and free of debris, rubbish and waste materials arising out of the Work. At the completion of the Work scheduled for that period and at the commencement of any period longer than one (1) week during which Contractor will not have workers on site, Contractor shall remove all debris, rubbish and waste materials from and about the Project site as well as all tools, appliances, construction equipment, machinery and surplus materials and shall leave the Project site clean and ready for occupancy and use by District.

Any existing surface or subsurface improvements, including but not limited to, pavements, curbs, cart paths, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated to be removed, repaired or altered, shall be protected by Contractor from damage or staining during the prosecution of the Work. Contractor shall not permit or allow the improper dumping or discharge of hazardous materials, chemicals, or other materials, into any lake or drainage structure adjacent or near the Project site. All existing surface or subsurface improvements damaged, stained, or improperly impacted by Contractor or its subcontractors and/or materialmen shall be returned to their pre-existing condition by Contractor at no cost to District.

Contractor shall be responsible for any damage or staining to, and for maintenance and protection of, existing utilities and associated structures.

Contractor agrees that any and all damage to the Project site occurring at any time within the time period beginning with the commencement of the Work and ending with the completion of the Work shall be repaired and replaced by Contractor at Contractor’s sole cost and expense. Such repairs must be completed in a manner acceptable to District, in the District’s sole and absolute discretion.

Contractor agrees not to divulge, furnish or make available to any third person, firm or organization, without District’s prior written consent, or unless incident to the proper performance of Contractor’s obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by Contractor hereunder, and Contractor shall require all of its employees, agents, suppliers, subconsultants, and subcontractors to comply with the provisions of this paragraph.

Except as otherwise provided herein, Contractor agrees not to disclose or use any information not available to members of the general public and gained by reason of Contractor’s contractual relationship with District for the special gain or benefit of Contractor or for the special gain or benefit of any other person or entity.

Contractor warrants to District that all materials and equipment furnished under this Contract will be of good quality and new, unless otherwise required or permitted by the Contract Documents, and that the Work will conform to the requirements and specifications of the Contract Documents. Contractor warrants and guarantees all portions of the Project against poor workmanship and faulty or defective materials for a period of twelve (12) months after final payment hereunder and shall promptly correct any and all defects, which may appear during this period upon notification by District. Neither final acceptance of the Project, nor final payment therefore, nor any provision of the Contract shall relieve Contractor of responsibility for defective or deficient materials or services. If any of the services or materials provided under this Contract are found to be defective, deficient or not in accordance with the Contract, and without intending to limit any other remedies, Contractor shall correct, remove and replace it promptly after receipt of a written notice from the District and correct and pay for any other damage resulting therefrom to District property or the property of landowners within the District. Further, the Contractor hereby assigns all manufacturers’ warranties to the District, and shall provide evidence of the same with the Contractor’s submittal its final payment application.

Trench Safety. Pursuant to Section 553.60, Florida Statutes, and in the event that the Project requires excavation to exceed a depth of five (5) feet, Contractor shall provide at the time of the execution of this Contract the following:

A reference to the trench safety standards that will be in effect during the period of construction of the Project.

Written assurance by the contractor or subcontractor performing the trench excavation that such contractor or subcontractor will comply with the applicable trench safety standards.

A separate item identifying the cost of compliance with the applicable trench safety standards.

Further, Contractor agrees that it shall:

As a minimum, comply with the excavation safety standards that are applicable to the
Project.

Adhere to any special shoring requirements, if any, of the state or other political subdivisions that may be applicable to the Project.

If any geotechnical information is available from the District, Contractor, or otherwise, the contractor or subcontractor performing trench excavation shall consider this information in the contractor’s

design of the trench safety system which it will employ on the Project. This Section shall not require the District to obtain geotechnical information.

Public Records. Contractor understands and agrees that all documents of any kind provided to the District in connection with this Contract may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is Katie Maline (“Public Records Custodian”). Among other requirements and to the extent applicable by law, Contractor shall 1) keep and maintain public records required by the District to perform the Services; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the Contract term and following the Contract term if Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the Contract, transfer to the District, at no cost, all public records in Contractor’s possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by Contractor, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats. Failure of Contractor to comply with Section 119.0701, Florida Statutes may subject  Contractor  to  penalties  under  Section  119.10,  Florida  Statutes. Further, in the event Contractor fails to comply with this Section or Section 119.0701, Florida Statutes, District shall be entitled to any and all remedies at law or in equity. The following statement is required to be included in this Contract pursuant to Section 119.0701(2), Florida Statutes:

IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT KATIE MALINE C/O KEY MARCO COMMUNITY DEVELOPMENT DISTRICT, TELEPHONE: (239) 394-4336, EMAIL: KATIE@MANAGERKEYMARCOHOA.COM, AND MAILING ADDRESS: 505 WHISKEY CREEK DRIVE, MARCO ISLAND, FL 34145.
ARTICLE TWO DISTRICT’S RESPONSIBILITIES

District has designated Katie Maline, District Manager as the project coordinator to act as District’s representative with respect to the services to be rendered under this Contract (hereinafter referred to as the “Project Coordinator”). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define District’s policies and decisions with respect to Contractor’s services for the Project. However, the Project Coordinator is not authorized, without evidence of approval by District’s Board of Supervisors, to issue any verbal or written orders or instructions to Contractor that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:

The scope of the Work to be provided and performed by Contractor hereunder;

The time Contractor is obligated to commence and complete the Work; or

The maximum amount of compensation District is obligated or committed to pay Contractor.

The Project Coordinator shall:

Review and make appropriate recommendations on all requests submitted by Contractor for payment for services and work provided and performed in accordance with this Contract;

Arrange for access to and make all provisions for Contractor to enter the Project site to perform the services to be provided by Contractor under this Contract; and

Provide notice to Contractor of any deficiencies or defects discovered by District with respect to the services to be rendered by Contractor hereunder.

ARTICLE THREE AMOUNT OF AGREEMENT

3.1 The District shall pay Contractor in current United States funds for the performance of the Work, subject to additions and deductions by change order as provided in the Contract Documents, the not-to- exceed price of 	DOLLARS ($   
 	) (the “Contract Price”).

ARTICLE FOUR
PROGRESS PAYMENTS/FINAL PAYMENTS

Progress Payments. Contractor may requisition payments for portions of the Work completed at intervals of not more than once a month. Contractor’s requisition shall show a complete breakdown of the Work, the quantities completed and the amount due, together with a certification by Contractor that Contractor has disbursed to all subcontractors and suppliers their pro-rata shares of the payment out of previous progress payments received by Contractor for all work completed and materials furnished in the previous period or properly executed releases of liens by all subcontractors, suppliers and materialmen who were included in Contractor’s previous applications for payment, and any other supporting documentation as may be required by the Project Coordinator or the Contract Documents. Each requisition shall be certified by Contractor and be submitted to the Project Coordinator and Hole Montes, Inc., District’s engineer (“District Engineer”), in duplicate for approval. District shall approve or disapprove the requisition for payment within thirty (30) calendar days of receipt by the Project Coordinator and the District Engineer of Contractor’s requisition for payment. Should District disapprove the requisition for payment, District shall, in writing, inform Contractor of the reasons therefore shall be stated with particularity within the referenced thirty (30) calendar day period. If approved, District shall make payment to Contractor within said thirty (30) calendar day period.

Retainage. Retainage shall be withheld pursuant to Section 255.078, Florida Statutes. Five percent (5%) of all monies earned by Contractor shall be retained by District as retainage for each progress payment made to Contractor. Notwithstanding the foregoing or anything contained herein to the contrary, nothing

herein shall prohibit District from withholding, and District shall not be required to pay or release to Contractor, any amounts that are the subject of a good faith dispute or otherwise the subject of a claim or demand by District against Contractor.

Substantial Completion. When Substantial Completion has been achieved, Contractor shall notify District in writing and shall furnish to District a proposed punch list listing of those matters yet to be finished. District will thereupon conduct an inspection to confirm that the work is in fact Substantially Complete and shall upon determining that the work is Substantially Complete, shall review and revise, if necessary, the proposed punch list. Upon its confirmation that Contractor’s work is Substantially Complete, District will so notify Contractor in writing and will therein set forth the date of Substantial Completion and furnish the final punch list of items that need to be completed for final completion. If District, through its inspection, fails to find that Contractor's work is Substantially Complete, and is required to repeat all, or any portion, of its Substantial Completion inspection, Contractor shall bear the cost of such repeat inspection(s) which cost may be deducted by District from any payment then or thereafter due to Contractor. Upon Substantial Completion, District shall pay Contractor an amount sufficient to increase total payments to Contractor to ninety percent (90%) of the Contract Price less any amounts attributable to liquidated damages, and less the reasonable costs as determined by District for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims.

Final Inspection/Final Application for Payment. Within twenty (20) days after District’s receipt of written notice from Contractor that the Work is finally complete and ready for final inspection, District shall make a final inspection and will notify Contractor in writing of any Work which is not in accordance with the requirements of the Contract Documents and describing what is required to render the Work complete, satisfactory, and acceptable (the “Deficiency Notice”). Notwithstanding the foregoing, District’s failure to include any corrective Work or pending items not yet completed in the Deficiency Notice shall not alter or reduce the responsibility of Contractor to complete all the Work described herein. Not later than twenty (20) days after District’s delivery to Contractor of the Deficiency Notice, Contractor shall correct, complete, or remedy any and all Work noted in the Deficiency Notice. After Contractor has completed all such corrections to the satisfaction of the Project Coordinator and the District Engineer and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record documents and other documents required by the Contract Documents, the Project Coordinator shall confirm promptly by written notice to Contractor that the Work has been accepted by District as of such date (the date of Acceptance). After the Project Coordinator has indicated that the Work is acceptable and the Project has reached final completion, Contractor may then make application for final payment. The final application for payment shall be accompanied by (1) complete and legally effective releases or waivers of all construction liens arising out of or filed in connection with the Work;
(2) waivers and releases covering in full all labor, materials and equipment for which a lien could be filed; and (3) a final affidavit of Contractor stating that all laborers, materialmen, suppliers and subcontractors who worked for Contractor under this Contract have been paid in full or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished. For the avoidance of doubt, the process described in this Section 4.3 is intended to satisfy the requirements set forth in Section 218.735(7), Florida Statutes.

Final Payment and Acceptance. If, on the basis of the District Engineer’s and the Project Coordinator’s observation of the Work during construction and final inspection, and the District Engineer’s review of the final application for payment and accompanying documentation, the District Engineer and the Project Coordinator are satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, the District Engineer will, within ten (10) days after receipt of the final application for payment, indicate in writing the District Engineer’s recommendation of payment and present the application to the Project Coordinator for final approval and payment. Otherwise,

the Project Coordinator and/or the District Engineer will return the application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the application within (20) calendar days after presentation to the Project Coordinator of the final application and accompanying documentation, in appropriate form and substance, and with the District Engineer’s recommendation and notice of acceptability, the final payment constituting the entire unpaid balance of the Contract Price shall be paid by District to Contractor.

The making of final payment shall constitute a waiver of claims by District except those arising from:

Liens, claims, security interests or encumbrances arising out of this Contract and unsettled.
Faulty or defective work and latent defects discovered after acceptance.
Failure of the work to comply with the requirements of the Contract Documents.
Terms of special warranties required by the Contract Documents.
Any of Contractor’s continuing obligations under this Contract.

Contractor’s acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against District arising out of this Contract or otherwise related to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final payment. Neither the acceptance of Contractor’s services nor payment by District shall be deemed to be a waiver of any of District’s rights against Contractor.

District’s Right to Withhold Payment. Notwithstanding anything herein to the contrary, District may, upon written notice to Contractor, withhold in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of and of the following:

Defective work not remedied.
Claims filed or reasonable evidence indicating the probable filing of claims by other parties against Contractor.
Failure of Contractor to make payment to subcontractors or suppliers for materials or labor.
Damage to another contractor not remedied.
Liability for liquidated damages has been incurred by Contractor.
Reasonable evidence that the work will not be completed within the time set forth in Section 6.1.
Failure to carry out the work in accordance with the Contract Documents.

When the above grounds are removed or resolved or Contractor provides a surety bond satisfactory to District, which will protect District in the amount withheld, payment may be made in whole or in part.

Florida Prompt Payment Act. The above notwithstanding, except as otherwise provided, all payments to Contractor shall be paid in accordance with the provisions of Part VII, Chapter 218, Florida Statutes, as amended from time to time. Specifically, if a dispute between District and Contractor cannot be resolved pursuant to the applicable procedures set forth in Section 218.735, Florida Statutes, the dispute shall be finally determined by the District pursuant to internal dispute resolution procedures adopted by the District. District and Contractor shall commence dispute resolution proceedings within forty-five (45) days after the date the payment request or proper invoice was received by the District and concluded by final decision of the District within sixty (60) days after the date the payment request or proper invoice was received by the District.

ARTICLE FIVE CONTRACT DOCUMENTS

Contractor shall furnish all labor, equipment, and materials and perform the Work for the Contract Price in strict accordance with the following documents, which documents shall collectively be known as the “Contract Documents”:

Construction Contract - Key Marco Community Development District
Contractor’s Bid Proposal (attached hereto and incorporated herein as Exhibit “A”)
Key Marco Community Development District Catch Basin and Flume Improvements- Project Manual (attached hereto and incorporated herein as Exhibit “B”)
Key Marco Estates Community Development District Catch Basin and Flume Improvements - Civil Construction Plans (attached hereto and incorporated herein as Exhibit “C”)
Certificate(s) of Insurance as required hereunder

ARTICLE SIX
TIME OF COMMENCEMENT AND FINAL COMPLETION; LIQUIDATED DAMAGES

The Work to be performed by Contractor shall be commenced no later than fifteen (15) days after the District has issued a written Notice to Proceed to Contractor. Contractor shall be obligated to Substantially Complete (as defined below) the Project within 	( 	
 	) calendar days after the date of the District’s issuance of the Notice to Proceed (“Substantial Completion Deadline”) and to finally complete the Project within 	( 	
 	) days after the date of Substantial Completion (“Final Completion Deadline”). Upon the District’s request, Contractor shall furnish such evidence as the District requires concerning ability to timely complete the Project.

Time is of the essence with respect to the performance of this Contract and District will suffer financial loss if the Work is not completed within the time specified in this Section, plus any extensions thereof allowed by change order. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by District if the Project is not completed on time. Should Contractor fail to Substantially Complete the Project by the Substantial Completion Deadline, Contractor shall pay to the District, not as a penalty but as liquidated damages, the amount of two hundred fifty dollars ($250.00) per calendar day that expires after the Substantial Completion Deadline until Contractor reaches Substantial Completion of the Project. Should Contractor fail to finally complete the Project by the Final Completion Deadline, Contractor shall pay to the District, not as a penalty but as liquidated damages, the amount of one hundred twenty-five dollars ($125.00) per calendar day that expires after the Final Completion Deadline until Contractor reaches final completion of the Project. The parties agree that an assessment of actual damages as of the date of this Contract would be uncertain, and the liquidated damages amount set forth herein is reasonable. The District shall be entitled to set off from monies due to Contractor during the course of the Project amounts sufficient to reimburse the District for these agreed upon Liquidated Damages.

The terms “Substantial Completion” or “Substantially Complete” as used herein, shall mean that point at which the Project is at a level of completion in strict compliance with this Contract such that District or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion.

ARTICLE SEVEN INSURANCE

Contractor shall obtain and carry, at all times during its performance under the Contract Documents at its sole cost and expense, the following insurance, including any additional insurance required under the Contract Documents:

Workers’ Compensation insurance on behalf of all employees who are to provide a service under this Contract, as required under applicable Florida law AND Employer’s Liability with limits of not less than $250,000.00 per employee per accident, $500,000 disease aggregate, and $250,000.00 per employee per disease.

In the event Contractor has “leased” employees, Contractor or the employee leasing company must provide evidence of a Minimum Premium Workers’ Compensation policy, along with a Waiver of Subrogation in favor of District. All documentation must be provided to District at the address listed above.

No contractor or sub-contractor operating under a worker’s compensation exemption shall access or work on the site.

Commercial General Liability insurance on comprehensive basis including but not limited to bodily injury, property damage, contractual, products and completed operations, and personal injury with limits of not less than $2,000,000.00 per occurrence and
$4,000,000.00 aggregate covering all work performed under this Contract.

Excess Liability Insurance (Umbrella Form) with limit of not less than $5,000,000.00 per occurrence.

Contractual liability insurance covering all liability arising out of the terms of the Contract Documents.

Automobile liability insurance as required in the Request for Proposal for bodily injury and property damage, including all vehicles owned, leased, hired and non-owned vehicles with limits of not less than $1,000,000.00 combined single limit covering all work performed under this Contract.

District, its supervisors, officers, agents, employees and volunteers shall be named as non-contributory additional insureds on all policies, with the exception of the Worker’s Compensation policy, and each policy shall be endorsed that such coverage shall be primary to any similar coverage carried by District.

Certificates of insurance acceptable to District shall be filed with District prior to the commencement of the Work. Said certificate shall clearly indicate type of insurance, amount and classification in strict accordance with the foregoing requirements. These certificates shall contain a provision that coverage afforded under Contractor’s policies will not be cancelled until at least thirty (30) days prior written notice has been given to District by certified mail.

All insurance policies required of Contractor shall be issued by a company authorized to do business under the laws of the State of Florida, with a minimum A.M. Best Rating of “A”.

The acceptance by District of any Certificate of Insurance does not constitute approval or agreement by District that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Contract.

Contractor shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor’s work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by District.

Should at any time Contractor not maintain the insurance coverages required herein, District may terminate this Contact or at its sole discretion shall have the right, but not the obligation, to purchase such coverages and charge Contractor for such coverages purchased. District shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of District to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents.

If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of this Contract, Contractor shall furnish to District renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of Contractor to provide District with such renewal certificate(s) shall give District the unilateral right, but not the obligation, to terminate this Contract.

ARTICLE EIGHT MISCELLANEOUS PROVISIONS

Terms used in the Contract which are not defined herein shall have the meaning designated in the Contract Documents.

As stated in the Contract Documents, Contractor shall be permitted to work Regular Working Hours, which as 7:00 a.m. to 4:00 p.m., Monday through Friday. Work requiring inspection by District or Utility is to be scheduled for 9:00 a.m. to 4:00 p.m., Monday through Thursday and 9:00 a.m. to 12:00 noon on Fridays upon a minimum of forty-eight (48) hours advance notice for inspections. Notwithstanding any provision of the Contract Documents to the contrary, Contractor shall be permitted to work on Saturdays; provided, however, that the hours of work on Saturday are subject to the approval of the Project Coordinator, in the Project Coordinator’s sole discretion. Contractor shall submit its proposed Saturday hours to the Project Coordinator for approval no later than forty-eight (48) hours in advance.

District and Contractor each binds itself, its successors, assigns and legal representatives to the other party hereto, and such party’s successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

Contractor shall not assign or transfer this Contract or its rights, benefits, or obligations without the prior written approval of District. Contractor shall have the right to employ other persons and/or firms to serve as subcontractors in connection with the requirements of the Contract Documents.

Contractor in consideration of $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Contract shall, to the fullest extent permitted by Section 725.06, Florida Statutes, protect, defend, indemnify and hold District and its officers, supervisors, employees and agents harmless from and against any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs including, but not limited to, attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury,

sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, but only to the extent caused by the negligent or intentional acts or omissions of Contractor, a subcontractor, or anyone directly or indirectly employed by them but only as to that portion of the claim, damage or loss that is not attributable to District’s negligent and/or willful acts or omissions. The foregoing provisions of this paragraph to the contrary notwithstanding, Contractor’s liability to indemnify District as set forth herein shall: (i) be limited to $7 million per occurrence, which District and Contractor agree is reasonable given the size of the Project and the amount of general liability coverage maintained by Contractor, including umbrella coverage; (ii) be limited to the acts, omissions or defaults of Contractor, any of Contractor’s subcontractors, sub-subcontractors, materialmen, or agents of any tier or their respective employees, or of District, or District’s agents or employees; provided, however, that such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of District, or District’s agents or employees, or for statutory violation or punitive damages, except and to the extent the statutory violation or punitive damages are caused by or result from the acts or omissions of Contractor or any of Contractor’s subcontractors, sub-subcontractors, materialmen, or agents of any tier or their respective employees. The preceding provisions have been added specifically to memorialize District and Contractor’s intent that the provisions of this section shall be fully enforceable in accordance with the provisions of Section 725.06, Florida Statutes.

Contractor shall and does hereby indemnify and hold harmless District and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses, and expenses (including attorney’s fees) arising out of any infringement of patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights.

Equal Opportunity: Contractor assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age or sex, in any activity under this Contract.

8.7. E-Verify: Contractor shall comply with all applicable requirements of Section 448.095, Florida Statutes. Contractor shall register with and use the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all newly hired employees. If Contractor enters into a contract with a subcontractor relating to the services under this Contract, the subcontractor must register with and use the E-Verify system and provide Contractor with an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of said affidavit for the duration of the contract with the subcontractor and provide a copy to the District upon request. For purposes of this section, the term “subcontractor” shall have such meaning as provided in Section 448.095(1)(j), Florida Statutes and the term “unauthorized alien” shall have such meaning as provided in Section 448.095(k), Florida Statutes.

If Contractor has a good faith belief that a subcontractor with which it is contracting has knowingly violated Section 448.095, Florida Statutes, then Contractor shall terminate the contract with such person or entity. Further, if District has a good faith belief that a subcontractor of Contractor knowingly violated Section 448.095, Florida Statutes, but Contractor otherwise complied with its obligations hereunder, District shall promptly notify the Contractor and upon said notification, Contractor shall immediately terminate its contract with the subcontractor.

Notwithstanding anything else in this Contract to the contrary, District may immediately terminate this Contract for cause if there is a good faith belief that Contractor knowingly violated the provisions of Section 448.095, Florida Statutes, and any termination thereunder shall in no event be considered a breach of contract by District.

By entering into this Contract, Contractor represents that no public employer has terminated a contract with Contractor under Section 448.095(2)(c), Florida Statutes, within the year immediately preceding the date of this Contract. District has materially relied on this representation in entering into this Contract with Contractor.

Public Entity Crimes: In accordance with Section 287.133, Florida Statutes, 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 proposal/bid on a contract/agreement with a public entity for the construction or repair of a public building or public work, may not submit proposals/bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Contractor affirmatively represents that neither it or its owners, subcontractor or sub-subcontractor are nor will be on the convicted vendor list during the term of this Contract.

In any action or proceeding arising between the parties relating to the terms of this Contract, the prevailing party shall be entitled to recover its reasonable attorney fees, expenses, and all court costs, including fees and costs incurred through any appeal, from the non-prevailing party.

The headings of the Articles, Schedules, Parts and Attachments as contained in this Contract are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles and any schedules or attachments.

This Contract, including the referenced exhibits attached hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Contract.

ARTICLE NINE DEFAULT/TERMINATION

Contractor shall be in default of its obligations under this Contract if (i) it fails to begin work in compliance with the Contract, (ii) fails to properly and timely perform the Work as directed by the engineer or as provided for in the approved Schedule of Work, (iii) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such work as may be rejected, (iv) suspends Work for a period greater than five business days without the prior written consent of District, (v) fails to comply with any applicable codes, laws, ordinances, rules or regulations with respect to the work or (vi) breaches any other provision of this Contract.

In the event of a default, District shall provide written notice to Contractor stating the cause of the default and the actions that Contractor must take to cure the default. If, after seven (7) days from District’s delivery of notice, Contractor fails to cure the default, District may terminate this Contract and take possession of all or any portion of the work and any materials on-site, and complete all or any portion of the work by whatever means, method, or agency District may choose in its sole discretion. Notwithstanding any termination of this Contract by District, the liability of Contractor shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained and obligations assumed by District acting in good faith under the belief that such were necessary or required in completing the work and in settlement, discharge or compromise of any claims, demands, suits and judgments pertaining to or arising out of the work.

If, after notice of termination of this Contract as provided for in paragraph 9.1 above, it is judicially determined that Contractor was not in default, or that its default was excusable, or that District otherwise was not entitled to the remedy against Contractor provided for in paragraph 9.1, then the notice of termination given pursuant to paragraph 9.1 shall be deemed to be the notice of termination provided for in paragraph 9.3 below and Contractor’s remedies against District shall be the same as and limited to those afforded Contractor under paragraph 9.3 below.

District shall have the right to terminate this Contract without cause upon fifteen (15) calendar days’ written notice to Contractor. In the event of such termination for convenience, Contractor’s recovery against District shall be limited to that portion of the Contract Price earned through the date of termination, together with any retainage withheld, if any, and any actual costs reasonably incurred by Contractor that are directly attributable to the termination, but Contractor shall not be entitled to any other or further recovery against District, including, but not limited to, anticipated fees or profits on work not performed.

ARTICLE TEN CONFLICT OF INTEREST

11.1 Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services.

ARTICLE ELEVEN MODIFICATION

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

ARTICLE TWELVE NOTICES AND ADDRESS OF RECORD

13.1 All notices required or made pursuant to this Contract to be given by Contractor to District shall be in writing and shall sent by overnight courier, hand delivery or be delivered by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following address:

Key Marco Community Development District c/o Katie Maline, District Manager
505 Whiskey Creek Drive Marco Island, Florida 34145

13.2. All notices required or made pursuant to this Contract to be given by District to Contractor shall  sent by commercial next-business day delivery (such as FedEx or UPS), hand delivery or delivered by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following address:

13.3 Either party may change its address of record by written notice to the other party given in  accordance with requirements of this Article.

ARTICLE THIRTEEN APPLICABLE LAW

14.1  Unless otherwise specified, this Contract shall be governed by the laws, rules, and regulations of  the State of Florida, and by the laws, rules and regulations of the United States when providing services funded by the United States government. Any suit or action brought by either party to this Contract against the other party relating to or arising out of this Contract must be brought exclusively in the appropriate Florida state court in Collier County, Florida, and in no other venue or forum.

(Remainder of Page Intentionally Left Blank. Signatures begin on Next Page.)

IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the day and year first written above.

DISTRICT:

KEY MARCO COMMUNITY
Attest:	DEVELOPMENT DISTRICT

By: 	

Katie Maline, Secretary	Mary Beth Schewitz, Chairman

Contractor:

 	, a  		

By: 	

Name: 	

Title: 	

EXHIBIT “A”

Contractor’s Bid Proposal

EXHIBIT “B”

Project Manual

EXHIBIT “C”

Civil Construction Plans

Total of 6 outfalls need heavy cleaning, removal of sediment for the pipe to drain properly. can see in attached pictures the following needed..
All outfalls marked with white Earth view marker flags by the road... Location 1
1 ft of sediment built up at bottom of retaining area, needs to be cleaned out for outfall to drain correctly and not back up into storm pipe.

Location 2
6 inches of sediment built up at bottom of retaining area, needs to be cleaned out for outfall to drain correctly and not back up into storm pipe.

Location 3
1 ft of sediment built up at bottom of retaining area, tree stump, overgrown tree limbs. needs to be cleaned out for outfall to drain correctly and not back up into storm pipe.

Location 4
1 ft of sediment built up at bottom of retaining area, overgrown tree limbs. needs to be cleaned out for outfall to drain correctly and not back up into storm pipe.

Location 5
1 ft of sediment built up at bottom of retaining area, tree stump, overgrown tree limbs. needs to be cleaned out for outfall to drain correctly and not back up into storm pipe.

Location 6
Overgrown so bad unable to see dam-wall tree roots grown into storm pipe blocking outfall. Camera truck was only able to get about 12ft from catch basin towards outfall due to the tree root ball blocking the 18inch pipe. see attached jump drive for camera footage of pipe.

remove tree roots from pipe by running root cutter
hydro vac onto of pipe to inspect pipe
remove overgrown trees from outfall and sediment
final CCTV pipe

Key Marco CDD

505 Whiskey Creek Dr,	

Marco Island	02-08-2021

FL	

34145	

Outfall cleaning / storm pipe root removal		
239-394-4346		

505 Whiskey Creek Dr, Marco Island				

Steven Alandt		
239-300-8106		

Katie Maline

6 outfalls with sediment/overgrown trees and one location with pipe blockage (root ball not allowing water to exit pipe). Estimating 4 days. Pricing is based on each location. If you choose to do all locations while equipment is on-site, we can apply a discount. Per the customer there are no environmental concerns; we have authority to remove mangroves and roots that interfere with our drainage systems. It is in our SFWMD permit.

Location 1 and 3 outfalls, removal of sediment/re-level Location 2, 4 outfalls, removal of trees, sediment/re-level Location 5 outfall, removal of trees, sediment/re-level
Location 6 outfall, removal of trees, sediment / re-level. Vac & TV truck will be used to remove root blockages inside the outfall drainpipe.

Randy Gilbert

Randy Gilbert

02/08/2021

SERVICE	RATE	UNIT	TOTAL	
Location 1 & 3 outfalls	$4,000	LS	$4,000	
				
Location 2 & 4 outfalls	$4,000	LS	$4,000	
				
Location 5 outfall	$4,000	LS	$4,000	
				
Location 6 outfall	$7,800	LS	$7,800	

				

Estimate

$19,800