Agenda 04/12/2016 Item #16B 2 4/12/2016 16.B.2.
EXECUTIVE SUMMARY
Recommendation to award Bid No. 15-6441 Pineland Avenue Stormwater Improvements to
Andrew Sitework,LLC for a bid price of$91,285.50 and authorize the Community Redevelopment
Agency Board Chair to execute a contract to perform the work
OBJECTIVE: To award Bid No. 15-6441 Pineland Avenue Stormwater Improvements to Andrew
Sitework, LLC and execute the contract by the Community Redevelopment Agency (CRA) Board Chair
to perform the work.
CONSIDERATIONS: Pineland Avenue experiences extensive flooding during the rainy season. In
addition, over the last few years, the flooding has worsened as a result of numerous hurricanes impacting
our community. In the recent past, staff was only able to address immediate drainage issues.
Staff commissioned a local engineering firm to develop stormwater improvement plans to improve
drainage on Pineland Avenue.The modifications will alleviate residential flooding and improve the health
and welfare of the community by constructing swales and culverts in the right-of-way on Pineland
Avenue. This swale-culvert system will connect to the surrounding stormwater infrastructure and into the
nearby stormwater drainage pond and an outfall at US 41 to Naples Bay.
The CRA applied and was successfully awarded US Housing and Urban Development (HUD)
Community Development Block Grant(CDBG)funds for$98,050 in late 2015 for this project.
On February 15, 2016, the County's Procurement Division advertised the solicitation following the
County's procurement policies. Two thousand ninety six (2,096) notices were emailed, seventy five (75)
bid packages were downloaded and ten (10) bids were received. The following bids were received by
the March 8,2016 deadline:
Bidder Amount
1 Andrew Sitework,LLC $ 91,285.50
2 Douglas N. Higgins,Inc $ 94,268.00
3 Bradanna,Inc. $ 95,025.00
4 Stage Door II,Inc. $ 95,460.00
5 Haskins,Inc $103,215.00
6 Coastal Concrete Products $107,325.00
7 Quality Enterprise USA,Inc $135,135.00
Supplemental conditions were added to the contract to comply with HUD requirements. The Procurement
Division and the design engineer tabulated and verified the bids. Andrew Sitework, LLC is the apparent
low bidder. Staff and the design consultants performed a bid analysis to determine if there were any
anomalies in the bids and noted that three (3) were deemed non-responsive for not submitting all of the
required granting agency documents. These bids compare well with the total Engineer's Estimate of
$83,780. Andrew Sitework,LLC's bid was 9% above the Engineer's Estimate.
Therefore, staff and the design engineer (see attached letter of recommendation) recommends awarding
the construction contract to Andrew Sitework, LLC the lowest responsive and qualified bidder.
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FISCAL IMPACT: The proposed action described in this executive summary has no new fiscal
impact. Funds in the amount of$91,285.50 are available from HUD CDBG grant through Community
and Human Services and are budgeted within Bayshore CRA Grant Fund 717,Project(33437).
The cost to maintain storm water management infrastructure will be approximately $5,000 on a
three to five year basis.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. -JAB
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth management Plan related to
this action.
RECOMMENDATION: That the Board award Bid No. 15-6441 Pineland Avenue Stormwater
Improvements to Andrew Sitework, LLC for the bid price of$91,285.50 and authorize CRA Board Chair
to execute a contract to perform the work.
Prepared By: Elly Soto McKuen,Project Manager,Bayshore CRA
Attachments:
1)Contract
2)Bid Tabulation
3)Engineers Letter of Recommendation
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.B.16.B.2.
Item Summary: Recommendation to award Bid No. 15-6441 Pineland Avenue Stormwater
Improvements to Andrew Sitework, LLC for a bid price of$91,285.50 and authorize the
Community Redevelopment Agency Board Chair to execute a contract to perform the work
Meeting Date: 4/12/2016
Prepared By
Name: McKuenElly
Title:Project Manager, CRA, County Redevelopment Agency
3/17/2016 2:01:14 PM
Submitted by
Title: Project Manager, CRA, County Redevelopment Agency
Name: McKuenElly
3/17/2016 2:01:15 PM
Approved By
Name: JourdanJean
Title: CRA Operations Manager, County Redevelopment Agency
Date: 3/18/2016 12:46:13 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 3/28/2016 3:27:46 PM
Name: KushiEdmond
Title: Accountant, Senior,Grants Management Office
Date: 3/28/2016 3:33:49 PM
Name: BrilhartBrenda
Title:Procurement Specialist,Procurement Services
Date: 3/29/2016 8:58:03 AM
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4/12/2016 16.B.2.
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 3/29/2016 11:51:46 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/29/2016 4:16:49 PM
Name: StanleyTherese
Title: Manager-Grants Compliance,Grants Management Office
Date: 3/29/2016 4:32:58 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/4/2016 9:46:35 AM
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Co ler County
Administrative Services Division
Procurement Services
Pineland Avenue Stormwater Improvements
COLLIER COUNTY BID NO. 15-6441
COLLIER COUNTY, FLORIDA
Brenda Brilhart, Procurement Strategist
Email: BrendaBrilhart, @colliergov.net
Telephone: (239) 252- 8446
FAX: (239) 252-6697
Design Professional:
Q. Grady Minor
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TABLE OF CONTENTS
PUBLIC NOTICE 3
PART B-INSTRUCTIONS TO BIDDERS 5
CONSTRUCTION BID 11
BID SCHEDULE 12
MATERIAL MANUFACTURERS 13
LIST OF MAJOR SUBCONTRACTORS 14
STATEMENT OF EXPERIENCE OF BIDDER 15
TRENCH SAFETY ACT 16
IMMIGRATION LAW AFFIDAVIT CERTIFICATION 17
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W—9 18
BID BOND 22
BIDDERS CHECK LIST 23
CONSTRUCTION AGREEMENT 24
EXHIBIT A 1: PUBLIC PAYMENT BOND 30
EXHIBIT A 2: PUBLIC PERFORMANCE BOND 33
EXHIBIT B: INSURANCE REQUIREMENTS 36
INSURANCE AND BONDING REQUIREMENTS 38
EXHIBIT C: RELEASE AND AFFIDAVIT FORM 40
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 41
EXHIBIT E: CHANGE ORDER 45
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 46
EXHIBIT G: FINAL PAYMENT CHECKLIST 48
EXHIBIT H: GENERAL TERMS AND CONDITIONS 49
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 75
EXHIBIT J:TECHNICAL SPECIFICATIONS 76
EXHIBIT K: PERMITS 77
EXHIBIT L: STANDARD DETAILS 78
EXHIBIT M: PLANS AND SPECIFICATIONS 79
EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 80
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C ter County
Administrative Services Division
Procurement Services
PUBLIC NOTICE
INVITATION TO BID
Pineland Avenue Stormwater Improvements
COUNTY BID NO. 15-6441
Separate sealed bids for the construction of Pineland Avenue Stormwater
Improvements, addressed to Ms. Joanne Markiewicz, Director, Procurement Services,
will be received at the Collier County Government, Purchasing Department, 3327
Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 8th day of
March 2016, at which time all bids will be publicly opened and read aloud. Any bids
received after the time and date specified will not be accepted and shall be returned
unopened to the Bidder. The anticipated project budget is: $83,780.00.
A pre-bid conference will not be held for this solicitation. All questions shall be posted
on www.colliergov.net/ibid
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Pineland Avenue Stormwater Improvements, Bid No.
15-6441 and Bid Date of March 8, 2016. No bid shall be considered unless it is made
on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule
shall be removed from the Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the
Collier County Purchasing Department Online Bidding System website:
www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from
the denoted website. Bidding Documents obtained from sources other than the Collier
County Purchasing Department website may not be accurate or current.
Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within ten (10) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
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State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within ninety (90)
calendar days from and after the Commencement Date specified in the Notice to
Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 15th day of February 2016.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s! Joanne Markiewicz
Director, Procurement Services
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PART B-INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its
duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring the
construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project
Manager may formally assign any of his/her duties specified in the Contract Documents to
the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in
response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive
Bidder who is awarded the contract by the Board of County Commissioners, on the basis of
the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions
to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the services
required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages 12 — 24 as bound in these Bidding Documents). By submitting a Bid, Bidder
acknowledges and agrees that it shall execute the Agreement in the form attached hereto
and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall
sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard
copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid
may be rejected if it contains any omission, alteration of form, conditional bid or irregularities
of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number,
Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing
Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed
envelope containing the Bid must be enclosed in another sealed envelope addressed as
above. Bids received at the location specified herein after the time specified for bid
opening will be returned to the bidder unopened and shall not be considered.
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall
be accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified
check payable to Owner on some bank or trust company located in the State of Florida
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insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less
than 5% of the bidder's maximum possible award (base bid plus all add alternates)
(collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by
Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner
the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or
Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of
Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the
State of Florida to execute such bonds, with conditions that the surety will, upon demand,
forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest
Bidders shall be held until the Agreement has been executed by the Successful Bidder and
same has been delivered to Owner together with the required bonds and insurance, after
which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid
Deposits shall be released within ten (10)working days of the Bid Opening. No Bid including
alternates, shall be withdrawn within one hundred and twenty (120) days after the public
opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected
and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all alternates,
the Owner shall retain the right to subsequently award to the Successful Bidder said
alternates at a later time but no later than 120 days from opening, unless otherwise agreed
by the Procurement Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner shall
execute all copies and return one fully executed copy of the Agreement to Successful Bidder
within thirty (30) working days after receipt of the executed Agreement from Successful
Bidder unless any governmental agency having funding control over the Project requires
additional time, in which event the Owner shall have such additional time to execute the
Agreement as may be reasonably necessary.
Section 4. Right to Reject Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and
negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for
budgetary reasons.
4.2 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address and
state of incorporation must be shown below the signature.
4.3 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of the
partnership must be shown below said signature.
4.4 If Bidder is an individual, his or her signature shall be inscribed.
4.5 If signature is by an agent or other than an officer of corporation or general partner of
partnership, a properly notarized power of attorney must be submitted with the Bid.
4.6 All Bids shall have names typed or printed below all signatures.
4.7 All Bids shall state the Bidder's contractor license number.
4.8 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as
irregular or unauthorized.
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Section 5. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the
opening of Bids, provided that the withdrawal is requested in writing, properly executed by the
Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice
the right of a Bidder to file a new Bid prior to the time specified for Bid opening.
Section 6. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal
Advertisement.
Section 7. Interpretation of Contract Documents
7.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications shall
be in writing, addressed to the Purchasing Department, to be given consideration. All such
requests for interpretations or clarification must be received at least ten (10) calendar days
prior to the Bid opening date. Any and all such interpretations and supplemental instructions
shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all
known Bidders at their respective addresses furnished for such purposes no later than three
(3) working days prior to the date fixed for the opening of Bids. Such written addenda shall
be binding on Bidder and shall become a part of the Bidding Documents.
7.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that
it has received all addenda issued and it shall acknowledge same in its Bid.
7.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 8. Examination of Site and Contract Documents
8.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that
may be encountered in the execution of the Work pursuant to these Bidding Documents as a
result of failure to make the necessary examinations and investigations shall be accepted as an
excuse for any failure or omission on the part of the Successful Bidder, nor shall they be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
8.2 The Owner will make copies of surveys and reports performed in conjunction with this
Project available to any Bidder requesting them at cost; provided, however, the Owner does
not warrant or represent to any Bidder either the completeness or accuracy of any such
surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make
such additional surveys and investigations as may be necessary to determine its Bid price for
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the performance of the Work within the terms of the Bidding Documents. This provision shall
be subject to Section 2.3 of the General Conditions to the Agreement.
Section 9. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When space is
provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in
the Project. The Owner may declare any Bid non-responsive or irregular if such materials are
not specifically named by Bidder.
Section 10. Bid Quantities
10.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the actual
number of units installed for the Work. Bids shall be compared on the basis of number of
units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall
be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this
requirement may be rejected. Special attention to all Bidders is called to this provision,
because if conditions make it necessary or prudent to revise the unit quantities, the unit
prices will be fixed for such increased or decreased quantities. Compensation for such
additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid.
Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful
Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity
varies by more than 25%from the estimate at the time of bid.
10.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed
requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a
response or a no-bid or lack of a submitted price may be the basis for the rejection of the
submitted bid response.
Section 11. Award of Contract
11.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid
invitation (including the form of the bid documents or bid procedures) shall file their protest with
the Procurement Director prior to the time of the bid opening strictly in accordance with Owner's
then current purchasing ordinance and policies.
11.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive
and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the
Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder,
the Owner shall consider the capability of the Bidder to perform the contract in a timely and
responsible manner. When the contract is awarded by Owner, such award shall be evidenced
by a written Notice of Award, signed by a Purchasing professional of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to awardee
at the business address shown in the Bid.
The contract award is contingent upon the Department of Economic Opportunity reviewing the
Environmental Review for this project and issuing an Authority to use Grant Funds.
11.3 Award recommendations will be posted outside the offices of the Purchasing Department
generally on Wednesdays or Thursdays prior to the presentation to the Board of County
Commissioners. Award of Contract will be made by the Board of County Commissioners in
public session. Any actual or prospective bidder who desires to formally protest the
recommended contract award must file a notice of intent to protest with the Procurement
Director within two (2) calendar days (excluding weekends and holidays) of the date that the
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recommended award is posted. Upon filing of said notice, the protesting party will have five (5)
days to file a formal protest, said protest to strictly comply with Owner's then current purchasing
ordinance and policies. A copy of the purchasing ordinance and policies is available at
http://www.collierclov.net/Index.aspx?page=762.
11.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner
reserves the right to recover all costs associated with the printing and distribution of such
copies.
11.4 Certificate of Authority to Conduct Business in the State of Florida(FI Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of
State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501
and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a
contract. A copy of the document may be submitted with the solicitation response and the
document number shall be identified. Firms who do not provide the certificate of authority at the
time of response shall be required to provide same within five (5) days upon notification of
selection for award. If the firm cannot provide the document within the referenced timeframe, the
County reserves the right to award to another firm.
Section 12. Sales Tax
12.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax
savings program and the Successful Bidder agrees to fully comply, at no additional cost to
Owner, with such sales tax savings program implemented by the Owner as set forth in the
Agreement and in accordance with Owner's policies and procedures.
Section 13. Exclusion of County Permits in Bid Prices
13.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid
Disclosure Act", Collier County will pay the Contractor for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection fees
applicable to this Work through an internal budget transfer(s). Hence, bidders shall not
include these permit/fee amounts in their bid offer. However, the Successful Bidder shall
retain the responsibility to initiate and complete all necessary and appropriate actions to
obtain the required permits other than payment for the items identified in this section. Owner
will not be obligated to pay for any permits obtained by Subcontractors.
13.2 The Successful Bidder shall be responsible for procuring and paying for all necessary
permits not issued by Collier County pursuant to the prosecution of the work.
Section 14. Use of Subcontractors
14.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work on this
Project shall be "qualified" as defined in Collier County Ordinance 2013-69, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements and has the integrity and reliability to assure good faith performance. A
Subcontractor's disqualification from bidding by the Owner, or other public contracting entity
within the past twelve months shall be considered by the Owner when determining whether
the Subcontractors are"qualified."
14.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
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includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal
requirements applicable to and necessitated by this Agreement.
14.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding
purposes by any public contracting entity, or who has exhibited an inability to perform through
any other means.
14.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth in
the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete list of
the subcontractors to be used on the Project, but rather only the major subcontractors for
each category of Work as established by Owner. Bidders further acknowledge that once
there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review
and approval, all the subcontractors it intends to use on the Project. Once approved by
Owner, no subcontractor shall be removed or replaced without Owner's prior written
approval.
Section 15. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,
fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill,
Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from
contact with County staff for a specified period of time; b. Prohibition by the individual and/or
firm from doing business with the County for a specified period of time, including but not limited
to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by
the individual and/or firm for cause.
Section 16. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does
not wish to be lobbied, either individually or collectively about a project for which a firm
has submitted a response. Firms and their agents are not to contact members of the County
Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the
process, from solicitation closing to final Board approval, no firm or their agent shall contact any
other employee of Collier County in reference to this solicitation, or the vendor's response, with
the exception of the Procurement Director or his designee(s). Failure to abide by this provision
may serve as grounds for disqualification for award of this contract to the firm.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance
with 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, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public work; may not submit
bids, proposals, or replies 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; and may not transact business 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."
10
ITB 15-6441 Pineland Ave Stormwater Improvements
Packet Page -902-
4/12/2016 16.B.2.
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pineland Avenue Stormwater Improvements
BID NO. 15-6441
Full Name of Bidder 144t'/ ) S; ft-Wad at
Main Business Address JS7i Pit/,vn /9✓e
Place of Business f#7 d f its , FL.. 35514
Telephone No. „1341- ZZ4-*a(' Fax No.23 5 - !LL)ar
State Contractor's License# C VC/2-2. V G& '
State of Florida Certificate of Authority Document Number
Federal Tax Identification Number 1c. -32-9(871
DUNS # OS274/07/0 CC R# 0.,//4 Cage Code uH3 5/
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this Bid as
principals are those named herein, that this Bid is submitted without collusion with any other
person, firm or corporation; that it has carefully examined the location of the proposed Work, the
proposed form of Agreement and all other Contract Documents and Bonds, and the Contract
Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included
in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other
means of construction, including utility and transportation services necessary to do all the Work,
and furnish all the materials and equipment specified or referred to in the Contract Documents
in the manner and time herein prescribed and according to the requirements of the Owner as
therein set forth, furnish the Contractor's Bonds and Insurance specified in the General
Conditions of the Contract, and to do all other things required of the Contractor by the Contract
Documents, and that it will take full payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points, and in the case where
further decimal points are inadvertently provided, rounding to two decimal points will be
conducted by Purchasing staff.
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid
pages.
11
ITB 15-6441 Pineland Ave Stormwater Improvements
Packet Page -903-
4/12/2016 16.B.2.
BID SCHEDULE
Pineland Avenue Stormwater Improvements
Bid No. 15-6441
Bid Schedule Is Available on www.collierdov.net/bid
12
ITB 15-6441 Pineland Ave Stormwater Improvements
Packet Page-904-
4/12/2016 16.B.2.
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a a -
Packet Page-905-
4/12/2016 16.B.2.
MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-
RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and
materials outlined in this Bid specifications, including compliance with Florida Statute
255.20 to provide lumber, timber and other forest products produced and manufactured
in the State of Florida as long as the price, fitness and quality are equal. Exceptions
(when equals are acceptable) may be requested by completing the Material
Manufacturer Exception List below. If an exception for a manufacturer and/or material
is proposed and listed below and is not approved by Engineer/Project Manager, Bidder
shall furnish the manufacturer named in the specification. Acceptance of this form does
not constitute acceptance of material proposed on this list.
Complete and sign section A OR B.
Section A(Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm, I confirm that we will use all manufacturers and materials
as specifically outlined in the Bid specifications.
Company: G«.
Signatur . fy- Date
S flit,
pX L°•/ r
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
1.
2.
3.
4.
5.
Please insert additional pages as necessary.
Company: k®.I�;/ .S&' 0 (LC-.
Signature: -irinstiffli Date: 3
Mira
4,/x G. 11•v02Fe.JZ�
13
ITB 15-6441 Pineland Ave Stormwater Improvements
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4/12/2016 16.B.2.
LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE
The undersigned states ers gned state th at the following is a list of the proposed subcontractors for the
major categories outlined in the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors
for the major categories listed herein are "qualified" (as defined in Ordinance 2013-69
and Section 15 of instructions to Bidders) and meet all legal requirements applicable to
and necessitated by the Contract Documents, including, but not limited to .proper
licenses, certifications, registrations and insurance coverage. The Owner reserves the
right to disqualify any Bidder who includes non-compliant or non-qualified
Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to
remove/replace any Subcontractor, at no additional cost to Owner, which is found to be
non-compliant with this requirement either before or after the issuance of the Award of
Contract by Owner. (Attach additional sheets as needed). Further, the undersigned
acknowledges and agrees that promptly after the Award of Contract, and in accordance
with the requirements of the Contract Documents, the Successful Bidder shall identify
all Subcontractors it intends to use on the Project. The undersigned further agrees that
all Subcontractors subsequently identified for any portion of work on this Project must
be qualified as noted above.
Major Category of Subcontractor and Address
Work
1. Electrical klq
2. Mechanical N/
3. Plumbing ,q
4. Site Work
5. Identify other
subcontractors N/A
that represent
more than 10%
of price or that
affect the critical
path of the
schedule
Company: ?,ISfif%7 = cJ/J "D./A CGC
Signature: / Date: 13/g//t o
xiij 4
14
ITB 15-6441 Plneland Ave Stormwater Improvements
Packet Page -907-
4/12/2016 16.B.2.
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Project and Location Reference
1. // 1 it
Cite &-' ��/J- 872-,oc C = c/; sw o✓)r,.veZ -239-S-33-'4'73'5-
Alec- ,e,.4t t re/rr}r.,,, 6-,c fer l$/oN
2. ( iff as acon r > /,/112,000 .� a/7 es C1o,i/A -7L7- 47,c'- 4 f'4
rat dr"4.4 stw ees si batveoul K►y+•
3. (%//sJ,youA &v , {9v9,6 6g' - i sc,., Aetc/h' - & -Q 7'7-640.5"
Sun Cr>1 n'l/i p. Keivel,l/b#04 fro".
4.
(64 a,, ,/,�ES) �5-/Z• g6.7' SRI/( /S�! -4 3s-gc7-yba x 3244'
0,0770,, 73',5 r'rCC.(R/mG.D W41r ee.dbl./ .
5.
(/i /(i6cvay .hird*/, 664,oar Ate 2rf/e"An -S/3 2M -3oS'8
7 0(4•4 g.J m p e l o t Arsr -pilrecrien..10 .
6.
6:40 l■-)aM'" AGA.... r)41./,230,000-° •Jo•y #loiti s - V61 -V S=0V SL
Orea,f4 pKK-ft 77).01/0//4. /An
Company: Air/.' �r g;kf./49K.A/ ete
Signature: /11 Date: -3 4 /6'
15
ITB 15-6441 Pineland Ave Stormwater Improvements
Packet Page -908-
4/12/2016 16.B.2.
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are
costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1,
1990. The Bidder further identifies the cost to be summarized below:
Trench Safety Units of Unit Unit Extended
Measure Measure (Quantity) Cost Cost
(Description) (LF,SY)
1. S,4✓le Stye_ L-F X7'6 I' /Fld
2.
3.
4.
5.
TOTAL $ /3O •
Failure to complete the above may result in the Bid being declared non-responsive.
Company: 7/N -At i/6.i/0/( 64c.
Signature: ®fai p Date: /8/1(4,
34 pA G rows✓vs.s ii�--
16
ITB 15-6441 Plneland Ave Stormwater Improvements
Packet Page -909-
4/12/2016 16.B.2.
Co ie County
Lam rietratve Sem yes CA ASIC.r
r,,),-Aa,:•.irk./a$e..t..e-t
immigration Law Affidavit Certification
Solicitation: ITB 16-6441 Pineland Avenue Stormwater improvements
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid(ITBss)and Request for Proposals(RFP)submittals. Further,Vendors/Bidders are required to
enroll in the E-Verify program,and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's:bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company
Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company, Failure to
in ludo t is Affdavit and acce•table evidence of enrolim:at in a 8-Ve * •ro•rem ma deem 0 :ndor/
gitiviimantilins2nli
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers,constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)
of the Immigration and Nationality Act("INA').
Collier County may consider the employment by any vendor cf unauthorized aliens a violation of Section 274A(e) of
the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall
be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully corn pliant with all applicable immigration laws(specifically to the 1986 Immigration Act
and subsequent Amendments)) and agrees to comply with the provisions of the Memorandum of Understanding with
E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify),operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's I Bidder's proposal. ...if
Company Name AVa 4
iC C..-:..- 4.4 5j7etA„ecX tir----
Print Name A7:41/44 i C.AWV.‹..aiei7-TE Title •Reee-z-ipe-Nr-
...... , 0
Signature Date IN/te
1 I
State of
County of
kr-k 20 1
The foregoing instrument was signed and acknowledged before me this f.......,) day of r , (1,,4-P
by
4-, ( ii,,,,, i- , ,,,
A "'t IA I L}-kk .•,‘----. who has produced itI,ZEN l'O' 11; 1k-P as identification
A(Print or Type Naar) ' (Type of Identificabon and Number)
SUVA WEN
qi tr,l,
4"..::;*'!', ■.1i-I Mac-state el Rondo
%iLil a gbitetla -• ''
-•IF'-VP My Cases.Wires Mat 51,2819
-C.;4:10-*_ -■,,_,.., ,v,,..,- tialerviItaill few ____
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
17
IT 0 15-6441 Pineiand Ave Sterne/81er trnprovemelts
Packet Page -910-
1
4/12/2016 16.B.2.
co >ier c01•01. y
Administrative Services Division
Procurement Services
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W-9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County(including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information ( rovide all information) L
Taxpayer Name 4►/L7/Q ,,, /71L�G✓0/.A. (LC .
(as shown income tax return)
Business Si�zG.�p,� G(r�.
Business Naa me ,4N/ ,C
(if different from taxpay.tir name) /-
Address Z-5// -14/� "IC% City / (YY" /1 (�
State ii- Zip S (.o
Telephone..25F-2-2G/(006' FAX.231 Z2-4.-/6OS Email raeh+ecndrelAsv ewo>'k',c
Order Information Remit/Payment Information sN. //
Address Address 257/ 04/..).‘ Ave_
City State Zip City '# �ecs State Fe-- Zip 3 3 4 I 4
FAX FAX 09- 22-4 - (4aS
Email Email and/[hltiiteciJoeit. Car•■
2. Company Status(check only one)
_individual/Sole Proprietor _Corporation _Partnership
_Tax Exempt(Federal income tax-exempt entity ✓Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c)3) C- Enter the tax classification
(D=Disregarded Entity,C=Corporation,P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN) 2.Co-349/87/
(Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification:Under :lilies of perjury,I certify that the information shown on this form is correct to my knowledge.
IF
Signature 1, Date -/e//60
p 1444 e.AuCILEw.11r-
Title ,�G /PENT Phone Number 2.0-224-/(G0t.
18
ITB 15-6441 Pineland Ave Stormwater Improvements
Packet Page-911-
4/12/2016 16.B.2.
Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement
form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond
or Bonds and Insurance Certificates as required by the Contract Documents. The bid security
attached is to become the property of the Owner in the event the Agreement Insurance
Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as
liquidated damages, for the delay and additional expense to the Owner, it being recognized that,
since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to
execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the
required time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is
appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the
event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required
hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may
have to seek to characterize the above noted liquidated damages as a penalty, which the parties
agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding
if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and
Bonds in a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site
within 5 calendar days from the commencement date stipulated in the written Notice to Proceed
unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later)
commencement date. The undersigned further agrees to substantially complete all work covered
by this Bid within sixty (60) consecutive calendar days, computed by excluding the
commencement date and including the last day of such period, and to be fully completed to the
point of final acceptance by the Owner within thirty (30) consecutive calendar days after
Substantial Completion, computed by excluding commencement date and including the last day of
such period.
Respectfully Submitted:
State of 'r L
County of Le_a_.
“C-• , being first duly sworn on oath
deposes and says that the Bidder on the above Bid is organized as indicated and that all
statements herein made are made on behalf of such Bidder and that this deponent is authorized to
make them.
,, also deposes and says that it has
examined and carefully prepared its Bid from the Bidding Documents, including the Contract
Drawings and Specifications and has checked the same in detail before submitting this Bid: that
the statements contained herein are true and correct.
19
ITB 15.6441 Plne[end Ave Stamweter Improvements
Packet Page -912-
4/12/2016 16.B.2.
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of
oa-Lootiv A which operates under the legal name of
1weei' S wo4.k. , and the full names of its officers are as
follows:
President /A
Secretary ,4i , /1/4/0/Z(
Treasurer AcoA e. ANDQapJ'
Manager /`Afi C. `ij
The e c%51D[sw7-' is authorized to sign construction bids and
contracts for the company by action of its Board of Directors taken
8-2-s-Z000 =- --- - - - . - - • (strike out this
last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is , and if
operating under a trade name, said trade name is
20
ITB 15-6441 Pineland Ave Stormwater Improvements
Packet Page -913-
4/12/2016 16.B.2.
Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) individual from
previous page.
DATED 4453/040 111A(Pet‘tia ,Site7,,A43,4A
Legal entity
BY: Mitei C.AsiCit.eta-ALL
Witness Nam -of,.idder(Typed)
1
Witness Signature
eic:,3/1)GiV 71-
Title
STATE OF \–
COUNTY OF
The foregoing insgument was acknowledged before me this - d*of li , 20 I
by tirrldito-k , as 40.4Sv"i# of
;`), VeLori t4), , a k corporation, on behalf of the
corporation. He/she is personally known to me or has produced
— s identification and did
(did not)take an oath.
M Commission E •fres,
KAMM BAKER (S0
ig ature of Kota
Azt., 1,4
/At., o ary Public-State of FIntltli
••F, Coreml5slers#rF 210l5A2 NAME: 4(I-Ai+(it iv—yec
MY Cca nt rAptres Mar 31 20l'"
(Le,gibly Prin.„
inded—ii.,it4National
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
KAM311
'4:1k k` Notary Public-Stott ot Florida
0'0 commission*FF 210802
Comm Expires Mar 31,2019I:
ft:',1:0`‘ &Moo throoplitional llolay Ann
2
T6 l56441 Plneland Ave Storrrnrrater lmproyements
Packet Page -914-
4/12/2016 16.8.2.
BID BOND •
KNOW ALL MEN BY THESE PRESENTS,that we Andrew Site Work.LLC
(herein after called the Principal)and
The Ohio Casualty insurance Company
(herein called the Surety), a corporation chartered and existing under the laws of the
State of, NH with Its principal offices In the city of Keene
and authorized to do business In the State of Florida are held and
firmly bound unto the Collier County
(hereinafter called the Owner), in the full and just sum of
Five Percent or Amount Bid dollars (s 5% )
good and lawful money of the United States of America,to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves,their helm,and executors,administrators,and assigns,jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid far
furnishing all labor, materials, equipment and Incidentals necessary to furnish, Install,
and fully complete the Work on the Project known as
Pineland Avenue Stormwater Improvements
Bid No. 15.8441
NOW,THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid,and
give such bond or bonds In an amount of 100%the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor,materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds,and delver to
Owner the required certificates of Insurance,if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of$ 5% noted above as liquidated damages, and not
as a penalty,as provided in the Bidding Documents,then this obligation shall be null and
void,otherwise to remain in full force and effect.
GC•P-12
Packet Page -915-
s -
4/12/2016 16.B.2.
IN TESTIMONY Thereof,the Principal and Surely have caused these presents to
be duly signed and sealed this, pi ,day of March ,2016 .
Andre ' t
yik.ldi.0 Principal
BY r (Seal)
rQ i�A c . ti/Pitt—to
The Ohio Casualty insurance Company Suzy
Ely:
el .e
—
8rokt Rosenhaus Attorney-In-Fact
Countersigned N/A
Local Resident Producing Agent Ur The Ohio Casualty insurance Company
82 Maple Avenue Keene Florida 03431
' G -la
Packet Page -916-
4/12/2016 16.B.2.
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power or Attorney limits the acts of those reamed herein.and they have no authority to bind the Company except in the manner and to the extent herein stared.
Cerrito-lie Nei ime
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: 'filet American Fire 8 Cmualty Company and The Ohio Casualty Insurence Company me corporations duly organized Under the is of
the Stele of New Hampshire,that Litely Mutual Insurance Campary is a corporation duly°realized under the laws tithe State el Massachusetts,and West Amettean Insurance Company
i$a corpera Lion duly organ zed under the laws of lie Slate efIncliam(herein collemively celled the"Oprepardeel,purtuant to and M authority herein set forth,does hereby name,constitute
and appcint, Brett Rosenhaus
•
all of the city of Lake Worth state at FL eath individually if there be more than ono named,its troe and lawful altomepirefect to meke,execute,Seal,acknowledge
and deliver,for end en its behalf as surety and es its .L".'.and deed,any and al undertekirige,bonds reccrenizences and other surety obigatIone,in persuerice of these presents old shall
he as bin oing upon the Cortmenies as if they ivve been duly signed by the president and attested by the secretary of the Companies in their cren proper persons.
IN WITNESS WHEREOF,:Ms Power of Attorney has been subscribed by an authorized iefficer or official of the Companies and Dee corporate wale of the Companies have been ei6sed
teener°this 8in oay of January__ , 201€ .
ell
re
American Fire and Casually Company Is
hc. ,,,,<-7ittliii,.., ,,AIL iq,,,
4?„,..,,,,fre,4.Na, ,,,,:,)':,),4;.17.47,70,,,,,,, .t,*c;(7-7Z7olz,..„ The Ohio Casualty insurance COmpany en
.,..tf '.... ,.7(- . '\c';'' -...i *'A■-:.? 5. V.:, Liberty Mutual linsurrate 00Morany
i
lt,g V, -,( 1,112 1,1 ;" 1,:61 I
-,;' West American Insurance Company
,, '..,..\;.,, ,.,
, , ,,,,,,,,,
, ,,,..::: , -.. :..,;.,,--- .
liteltry.,ieer,{7 .*.,'
›.
. c STATE OF'PENNSYLVANIA ss David IA CareOlissishent Sonneteer C
.. ce re
...ixer,tes COUNTY OF MONTGOMERY
= 8 .
Or this fillti day er January 2015,before me pereonalry appeared Defied M.Came smio telatow edged Meisel to De the Assistant Secretary at American Fire and 31_
c.) di Casually Company,Liberty Mules Iris settee Company,The Ohio Casualty insurance Cempary,are West American insurance Germany,and Mat he,as such,being aelhorized so to do, e.M
execete the foreoteng instrument for Me purposes therein contained by vying on berme of the corporations by himself as a dilly authorized officer. titlhi
L. PS
E E.
•, - > IN WITNESS WHEREOF I It hereunto subsorted on name and stfised ny notarial seal at Ptyrriculit Marring,Pennsylvania,on Ora day and year first abort written, 9 9.
4.4 Co
COMMONWEALTH OF PE.HPCSYLVAMIA la 0
et 01
••••,
rinterMI Gent i fiii."-44,2„,c; iutezi/iti
• i'il ii' iii ,
Tvila ia PiAtAlla,NALAy Pu:Ac l
By '
us
CI)
,$) Plyfricul,tee,rourieeniwy crepe,. ' Teresa Pastelia.Notary Puallo — C
..) 1...
..... My Cat-rn■mpoi Expiats Mate'20 2217
18 \,,:-.., ,,o.....,,,V;.,
`',..7.:„.'',4_,.„?.,ofr* .., ,,,„,Pennsow,A Amciaton at Hotar.LH 0 e ,
11. al
l c ce The Povaie or Attorney is'lux*and executed exempt to r-7RTry atthoury or the lallcwing 8 y-lowe andAulharizerlons of American Fire and Cautery Corpriny,The Ohio Casualty Insurance ta 2.
-: i... ,
:.;d+, i...ompany Liberty Mutual Insurer Company,and Met American Insurance Company which remotions are now re MI force and effect reading as follows 'S Ye
ARTICLE IV-OFFICERS-Section 12.Power cf Attorney.hey officer or other eltical el he Carpi:rater aulh anted fon thal purpose in writing by the Chairman or the President and subject es c
472,21 eo.surth limitation as the Chairman ci the President may prescribe,shall appoint such atoromarreliret se may be necessary least in behalf of the CorporatiPn to make,exam*,seal, ..4.
2..S.. Wm midis dge and delver as surety any and at urs*riakings,beets,reeognizances ea/other surety obligations.Such attcreeyselifect subect eo the limitations net earth in Moir respective Iiel i
l t or. powers el attorney.shall have full power to bind the Corporation by their signature and execution cf any such istriurrients and to attach thereto he sea of the Corperatiort itieetes so
executed,mice instrumerts shad be as binding as if signed by the Riinside.nt and allemse to by the Secretary.My:weer or artheni y granted to any representative or allomeleirefam Irma os
, .the provisions el this:aide May be reverted at any time by the Board,the Chairman,the President or by the alive or officers granting such power or grittily.
-•'"" C.3.
ARTICLE MR-Execution of Contracts-SECTION 5,Surely Bonds arid Undeiakings„Any officer of the Company authorized Mr that purpose in'reeling by the ehairetati or the preeidet, P?'
and siattreet It such limitabcris as the chairman or the Dresicent may prescribe,shad appeal'such attorneys-in-lact,RS may be necessary ha act in behalf of the Company to make,etnnuxt,
IZ 'th•I seal,ecknovitedee and eel tier as surety any and at underlatriv,aonos,recognizant:es and ether surety obisatin's, Such attorneys-in-fact subject to Ina lirnitaboria boil lath In their I le?
i'.Z U 1 respective powers of attorney,seal hoe he I weer to bird the Company by their signature and execdtion of any suon instruments and to attach thereto the seal of the Company When an
executed kJ c..,h insulin-fonts Mat ea as bind rig ens if signed ray the president and attested by the setnelary.
. — Certificate.of Des ignallort-The President of znit Company,acting pursuant In the Bylaws of the Company.authorizes Clovid kt Carey,Assistant Secretary to appoint such attorteys-h• .
hrt sn may be necessary to.aiit on befinif ol the Company to make,execute,seal,ackeyeledge end deriver as surety any end all undertakings,bonds,recogriturecos and other surety
eel igeelen
, Authorization-By unanimous cement of the Company's Board ori Directors.the Company coneents that facsirritto or mechanieelly repredu Ded signaler:eel spy easIs late secretary el the
Company.weerimer appearing upon a testified copy to any power of attorney issued by the Company ire connection with safety bonds,shall an valid end binding upon the Company with
lie saute torce end effect as lho...1gli manurdly alas ed
Gregory W,De ieenpon,Me undersigned Assistant Secretary,at American Fire and Casually Company,The Ohio Casually insurance Company,Lberty Mutual Insurmance,Comperry..7.
West American!neuron*Company do hereby certify oral ih he origleal power of attorney of which the foregoing is a full,the anti correct copy of the Power of Attorney executer:by said
Companies,is in full farce and elfect and eas not been revoked, l's ,
IN TESTIMONY WHEREOF,I hove hereunin set tiny hard srid affixed the seals of said Cernoenies Ids l bay of )'' ' ' H' 1
1
'''''YN, ,,f'7,4",,,- 4`.,. .',,,-T----4' ,,,,....7.•. ' ..„,....„...,,,.,.., .
..,' e
,, ::•.,' ,
By .
.' r.i ii
)
).ii,i i.:‘, Gregory W.Davenport,Ate stare Secretary
f: :
.,
28 or 150
LMS.,..42R73._t.a2013
Packet Page -917-
4/12/2016 16.B.2.
D
ot
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER Comm FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action Is completed:
1. The Bid has been signed,
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Any required drawings, grant forms, descriptive literature, etc. have been included.
5. Any delivery information required is included.
6. Immigration Affidavit completed and the company's E-"Verify profile page or
memorandum of understanding
7. Certificate of Authority to Conduct Business in State of Florida
8. If required,the amount of Bid bond has been checked, and the Bid bond or cashier's
check has been included,
9. Any addenda have been signed and included,
The mailing envelope has been addressed to:
Procurement Director
Collier County Government
Purchasing Department
3327 Tarniami Trail E
Naples FL 34112
10. The mailing envelope must be sealed and marked with:
c*Bld Number;
Project Name;
c Opening Date.
11. The Bid will be mailed or delivered in time to be received no later than the specified
opening date and time otherwise Bid cannot be considered.
12. if submitting a manual bid. include any addenda(initialed and dated noting
understanding and receipt), If submitting bid electronically, bidder will need to download
all related documents on www,colliergov.net/bid. The system will date and time stamp
when the addendum files were downloaded.
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
N ef4/. rK
Bidder e
Signat &Title .604 C.176,,s0re.owirr/ ,r
Date: ' gl
23
ITS 15.6441 P+neland Ave Strxrn ater Improvements
Packet Page-918-
4/12/2016 16.B.2.
Housing Urban Development(HUD)
Supplemental Conditions
Certification Regarding Debarment,Suspension,and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals:
(a) Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded
from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,
or performing a public(Federal,State or local)transaction or contract under a public transaction;violation of
Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or
destruction of records,making false statements,or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,
State or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State or local)terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification,such
prospective participant shall attach an explanation to this proposal.
, "' h C-A i 4 2 1—r"J-X-- g N E A N D A V c' .S i'e/m t .102. i i,
Name Project Name
OesioF_Afr- Is— G Veit
Title Project Number
/QNoAc-tv Si f ✓ 4. Cac. -32-4/8. 71
Firm Tax ID Number
75-ir PA/.,., Ave-, OS2.7 go 7/6
Street Address DUNS Number
7c d 94GY, Fc 357/c.r
City, State,Zip
24 CFR 24.510&24 CFR,Part 24,Appendix A
10/1/2012-(2)
29
Packet Page-919-
4/12/2016 16.B.2.
Housing Urban Development(HUD)
Supplemental Conditions
Certification Regarding Debarment,Suspension,Ineligibility
And Voluntary Exclusion
Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies,by submission of this document,that neither it nor its principals is
presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to the above statement,the prospective participant
shall attach an explanation to this form.
404A C A1410/2-et,..1 ///CFR— eotiof
Name Local Government
CES/vtriv,- N/A
Title CDBG Contract Number
Firm Tax ID Number
Z,S// ta/..% Ave O.5-27v el 7/O
Street Address DUNS Number
fit 4e s, A: 33s-we
City, State,Zip
-3/8//CP
Date
10/1/2012-(2)
30
Packet Page -920-
4/12/2016 16.B.2.
Housing Urban Development (HUD)
Supplemental Conditions
Affidavit for and Certification for Claiming Status as a Section 3 Business
A Section 3 "Right to Match"preference shall be afforded to enhance the opportunities and ensure that employment
and other economic opportunities generated by certain HUD Housing and/or Community Development Assistance
funding shall,to the greatest extent feasible,and consistent with existing Federal, State,and local law and regulations,
be directed to low-and very-low income persons and to business concerns which provide economic opportunities to
low-and very-low income persons of local businesses to receive awards of Collier County contracts.
A"Section 3 Business"is defined as a business that provides evidence of their Section 3 certification at the time the
bid is offered to the County;evidence shall not be provided after the bid closing time.
When a qualified and responsive,non-Section 3 business submits the lowest price bid,and the bid submitted by one
or more qualified and responsive Section 3 Business is within ten percent(10%)of the price submitted by the non-
Section 3 business,then the Section 3 Business with the apparent lowest bid offer(i.e.the lowest Section 3 bidder)
shall have the opportunity to submit,an offer to match the price(s)offered by the overall lowest,qualified and
responsive bidder. In such instances,staff shall first verify if the lowest non-Section 3 bidder and the lowest Section 3
bidder are in fact qualified and responsive bidders.Next,the Purchasing Department shall determine if the lowest
bidder meets the requirements of Section 287.087 F.S.
If the lowest Section 3 bidder meets the requirements of 287.087,F.S.,the Purchasing Department shall invite the
lowest Section 3 bidder to submit a matching offer to the Purchasing Department which shall be submitted within five
(5)business days thereafter. If the lowest Section 3 bidder submits an offer that fully matches the lowest bid from the
lowest non-Section 3 bidder tendered previously,then award shall be made to the Section3 bidder. If the lowest
Section 3 bidder declines or is unable to match the lowest non-Section 3 bid price(s),then award will be made to the
lowest overall qualified
and responsive bidder. If the lowest Section 3 bidder does not meet the requirement of Section
287.087 F.S. and the lowest non-Section 3 bidder does,award will be made to the bidder that meets the requirements
of the reference state law.
Bidder must complete and submit with their bid response the Affidavit and Certification for Claiming Status as a
Section 3 Business which is included as part of this solicitation and their current Section 3 certification.
Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from
being considered for Section 3 preference on this solicitation.
A Bidder who misrepresents the Section 3 Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Section 3 Preference status for a period of up to one(1)year.
If necessary,the contracting agency may conduct discussions with qualified and responsive bidders determined to be
in contention for being selected for award for the purpose of clarification to assure full understanding of, and verify
qualifications and responsiveness to solicitation requirements.
10/1/2012-(2)
31
Packet Page -921-
4/12/2016 16.B.2.
Housing Urban Development (HUD)
Supplemental Conditions
Ibis project is subject to the provisions of Section 3 of the Housing and Urban Development Act of 1968(12 U.S.C.
1701u). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by
certain!IUD Housing and/or Community Development Assistance shall,to the greatest extent feasible,and
consistent with existing Federal,State,and local law and regulations,be directed to low-and very-low income
persons and to business concerns which provide economic opportunities to low-and very-low income persons.
A Section 3 business concerned is defined as follows:
1, That is 51 percent or tnore owned by Section 3 residents:or
2. Whose permanent,full-time employees include persons.at least 30 percent of whom are currently Section 3
residents,or within three years of the date of first employment with the business concern were Section 3
residents,or
3. That provides evidence or a commitment to subcontract in excess of 25 percent of the dollar award of all
subcontracts to be awarded to business concerns that meet the qualifications set forth in section one or two
above.
In conformance with Section 3 federal regulations(24 CFR Part 135),Collier County shall direct efforts to award
Section 3 covered contracts,to the greatest exteni feasible,to Section 3 business concerns in the order of priority
listed below:
). CALMLY 1 businesses: Section 3 business concerns that provide economic opportunities for Section 3
residents in the service area or neighborhood in which the Section 3 covered project is located;
2. Cateware 2 businesses; Applicants(us this term is defined in 42 U.S.C.12899)selected to carry out HUD
HOUSING AND/OR CONIMITNITY DEVELOPMENT ASSISTANCE Youthbuild
programs;
Category 3 businesses: Other Section 3 business concerns.
A business concern seeking to qualify for a Section) contracting preference shall certify that the business concern is
a Section 3 business concern as described above
Vendor Name...AriPi<A90.4 S;4ELAANtot Date 44/We
Address AS—/, /1?4 '.`"e-
fe,70e (tries, P-1.. 33 9
fir
Signatur J4J " Title
ffA C. Ayolociet..1 a1—
STATE OF FLORIDA
ri COLLIER COUNTY FEE COUNTY
Sworn to and Siicn . d Before Me,a Notary Public, for the above State and County,on this
DaY/oli_ I )11 .20
am! M Commission Expires: .5:1,51 —19
ota Public
NM SAM
Notary PubIlc-State at Florida
(AFFIX SEAL) . comonsinti#Ff 210602
';:* My Comm Expires Mar it 2019
t tv N Nolan,Asti
1();112012-(2)
32
Packet Page -922-
4/12/2016 16.B.2.
Housing Urban Development (HUD)
Supplemental Conditions
General Grant Clauses
On behalf of my firm,I acknowledge,and agree to perform all of the specifications and grant requirements identified
in this solicitation document(s).
Vendor/Contractor Name 7N R�r.✓ -✓c
kApetit a C. Date 3,g/ite
Authorized Signature
/4144A C.AwvscW-
Address
2j" 0,,/.e, ,rlye—,c.s, .339/4,
Solicitation IV0. x.54 y`// Contract# N/A
10/1/2012-(2)
33
Packet Page-923-
4/12/2016 16.B.2.
Housing Urban Development(HUD)
Supplemental Conditions
Acknowledgement of Religious Organization Requirements
24 CFR 570.200(j)
In accordance with the First Amendment of the United States Constitution"church/state principles,"Community
Development Block Grant CDBG/NSP assistance may not,as a general rule,be provided to primarily religious
entities for any secular or religious activities.
Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be
deemed to be, a religious or denominational institution or an organization operated for religious purposes which is
supervised or controlled by or operates in connection with a religious or denominational institution or
organization.
A religious entity that applies for and is awarded CDBG/NSP funds for public service activities must agree to the
following:
1. It will not discriminate against any employee or applicant for employment on the basis of religion and will
not limit employment or give preference to persons on the basis of religion.
2. It will not discriminate against any person applying for such public services on the basis of religion and will
not limit such services or give preference to persons on the basis of religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or services,engage in no
religious proselytizing,and exert no other religious influence in the provision of such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under this agreement
shall contain no sectarian or religious symbols or decorations;and
5. The funds received under this agreement shall be use to construct, rehabilitate or restore any facility,
which is owned by the provider and in which the public services are to be provided.However,minor repairs
may be made if such repairs are directly related to the public services located in a structure used
exclusively for non-religious purposes and constitute in dollar terms,only a minor portion of the
CDBG/NSP expenditure for the public services.
I hereby acknowledge that I have read the specific requirements contained in this attachment and that eligibility of
my organization's project depends upon compliance with the requirements contained in this agreement.
77/t/a( i 'x,( ac-
(Company)
3/B/tee
(Signature) /41� Z (Date
�I C. �w�¢�.I
(Print Name)
10/1/2012-(2)
34
Packet Page -924-
4/12/2016 16.B.2.
Housing Urban Development (HUD)
Supplemental Conditions
Conflict of Interest Affidavit
By the signature below,the firm(employees,officers and/or agents)certifies,and hereby discloses,that,to the best
of their knowledge and belief,all relevant facts concerning past,present,or currently planned interest or activity
(financial,contractual,organizational,or otherwise)which relates to the proposed work;and bear on whether the
finn(employees,DM-..lers and/or agents)has a possible conflict have been fully disclosed.
Additionally,the firm(employees,officers and/or agents)agrees to immediately notify in writing the
Purchasing/General Services Director,or designee,if any actual or potential conflict of interest arises during the
contract and/or project duration.
Vendor Name XAiatree."1-5;9,4430 /4 ---, Date 3/8/74.
Address „..g_Sil*/ tqtfirs-1 i've'8-•
• i 4 ...1/t/
oi,.. Jiff ,
gnatu fir
Ti tle vR eSztf;16yr-
ro #4.041) -.0,4 13.-C
,
t-- C
State of
i
County of
/7,
,..__
SlIBCRIBED AND SWORN to before me this Cr ri ..rri
day of i li Ai\....-k i
20 i Li, by --- --, who is .nlly isairiimrn t me t2 be the., ...) for th Finn, ,... . who produced
the ft-allowing iclentificatio
75
/vIN Commission Expires_ - 31.719
Notary Public' I lit-.../V\ "r",, t., :IL)7,.
( -
, '7'"Nt, KAITLYN BAKER
A s) Wary Public-Stale 01 Florida
--1.•I: '4' ' Coinadition 0 FF 310002
i
,. , I
(AFFIX SEAL ,s
) , •-4. ,44 My Carnal NAM Mar 31.2019
,'" Orridell ihrough NAM Nary Assn.
I 0'1/2012-(2)
15
..,
Packet Page-925-
.....
4/12/2016 16.B.2.
Housing Urban Development(HUD)
Supplemental Conditions
Certification Regarding Drug-Free Workplace Requirements
The offerer certifies that it will provide a drug-free workplace by:
(a)Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession or
use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken
against employees for violation of such prohibition;
(b)Establishing a drug-free awareness program to inform employees about—
(1)The dangers of drug abuse in the workplace;
(2)The grantee's policy of maintaining a drug-free workplace;
(3)Any available drug counseling,rehabilitation and employee assistance programs,and
(4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
(c)Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the
statement required by paragraph(a);
(d)Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under the
grant, the employee will—
(1)Abide by the terms of the statement;and
(2)Notify the employer of any criminal drug statute conviction for a violation occurring in
the workplace no later than five days after each conviction;
(e)Notifying the agency within ten days after receiving notice under subparagraph(d)(2)from an employee or
otherwise receiving actual notice of such conviction;
(f)Taking one of the following actions,within 30 days of receiving notice under subparagraph(d)(2),with respect to
any employee who is so convicted—
(1)Taking appropriate personnel action against such an employee,up to and including termination;or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal,State,or local health,
law enforcement,or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(a),(b),(c),(d),(e)and(f).
ype Name a�' Title of Certification Off lal
3/8AP
ignature Date
10/1/2012-(2)
36
Packet Page-926-
4/12/2016 16.B.2.
Housing Urban Development(HUD)
Supplemental Conditions
Certification Regarding Lobbying
The undersigned 77Av rza SA-�Jaq^ ACC. (Vendor/Contractor) certifies, to the best of his or her knowledge
and belief,that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any
Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation,
renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement.
(2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts
to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form--LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions[as amended
by"Government wide Guidance for New Restrictions on Lobbying,"61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph
(2)herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995(P.L. 104-65,to be codified at
2 U.S.C. 1601,etseq.)]
(3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352
(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a
civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a
required certification or disclosure form shall be subject to a civil penalty of not less than$10,000 and not more than$100,000
for each such expenditure or failure.] �""
The Vendor/Contractor, 7QA/ve&4)�Iiewaip y . , certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure,if any. In addition,the Contractor understands and agrees that the provisions of 31
U.S.C.A 3801,et seq.,apply to this certification and disclosure,if any.
176/-1C/ —" Signature of Vendor/Contractor's Authorized Official
,.kA (. /fNCcc4 Name and Title of Vendor/Contractor's Authorized Official
3/c 9// Date
10/1/2012-(2)
37
Packet Page -927-
issom
4/12/2016 16.B.2.
Housing Urban Development (HUD)
Supplemental Conditions
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN
PARTICIPATION STATEMENT
Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide
source documentation that validates a status.
f��.,acti'-FS�� ..'w 'FJ••m"`°°�."`3 'R7f^"",,r �k"'Y _ r,�'s4 � —.
CONTRACT DOLLAR
PRIME NAME PRIME FEID NUMBER AMOUNT
//1/4e6-61.1 Si . ccc . -32-/87r ?/i275• S°
IS THE PRIME A FLORIDA-CERTIFIED IS THE ACTIVITY OF THIS CONTRACT...
DISADVANTAGED,MINORITY OR WOMEN
BUSINESS ENTERPRISE?(DBE/MBE/WBE) OR DBE? Y N
HAVE A SMALL DISADVANTAGED BUSINESS 8A MBE? Y CONSTRUCTION 0 N
CERTIFICATION FROM THE SMALL BUSINESS WBE? Y CONSULTANT Y/N
ADMINISTRATION? IQ a SDB 8A? Y N OTHER Y/N
IS THIS SUBMISSION A REVISION? NO IF YES,REVISION NUMBER ^4 A
i i a Ry T pp'' vt wS� ] P Et i L F,`,,�
�a I V SdJ
• a b� ,._ x.a . p 1 � a` . 144.,„? T' 4 !
DBE ETHNICITY SUB/SUPPLIER PERCENT
M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK CODE(See DOLLAR OF
VETERAN NAME OR SPECIALTY Below) AMOUNT CONTRACT
DOLLARS
.1"7tSE — E.F. C7AwCs Sv eyi NC, S64-vEy v-467 A.rn.w, ? 5500, 6,070 ges --
mR, .5e'avt S .
TOTALS:
10/1/2012-(2)
38
Packet Page -928-
4/12/2016 16.B.2.
Housing Urban Development (HUD)
Su 1 s lemental Conditions
q a s"Yr t, ti T.u.�V.t,A 4 ,+ t msa o yx`ss aw t a 9
, t . � "<
NAME OF SUBMITTER DATE TITLE OF SUBMITTER
�Q dergssh C./9",4PA f !-�
/ `NaRZeFr..l 5'74 fopZt C1C. 3/8//(� -Pe S/otxvr
EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER
44/r eandreuAPicwort.€on-, ..73 S -ZZ4-140 ,23c- -2 -(E 4'O s
NOTE: This information is used to track and report anticipated DBE or MBE participation in federally-funded
contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual
terms. This form must be submitted at time of response to a solicitation. If and when awarded a County
contract,the prime will be asked to update the information for the grant compliance files.
Black American BA
Hispanic American HA
Native American NA
Subcont.Asian American SAA
Asian-Pacific American APA
Non-Minority Women NMW
Other:not of any other group listed 0
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COLLIER CONTRACT#(IFB/RFP or
DEPARTMENT NAME PO/REQ) FUNDING SOURCE
ACCEPTED BY: DATE
10/1/2012-(2)
39
Packet Page-929-
s
4/12/2016 16.B.2.
ANDREW
ANDREW SITEWORK LLC.
2511 Palm Ave.,Fort Myers,FL 33916
0:(239)226-1606 F:(239)226-1605
References
additional list of references available.
Project: Pine Ridge Road Sewer Replacement
Location: Fort Myers, FL
Contractor: Andrew Sitework LLC.
Contract: $1,430,000.00
Completed: 2012
Owner: Lee County BOCC
Address: 1500 Monroe Street,Fort Myers,FL 33901
Contact: Luis Soto PM
Number: 239-533-8151
email: Isoto @leegov.com
Discription: 1,300 LF 30"HDPE Single Pull By HDD,2800 LF 24"PVC by Open Cut,370 CY Grouting Existing Main
Connection to Existing Utilities,Asphalt Drives and Sidewalk Replacement&Restoration etc.
Project: Galvanized Pipe Replacement Section-1
Location: City of Cape Coral
Contractor: Andrew Sitework LLC.
Contract: $2,727,900.00
Completed: On going(Completion January 2015)
Owner: City of Cape Coral
Address: 1015 Cultural Park Blvd.CC, FL 33990
Contact: William H. Sperry, PE
Number: 239-574-0729
email: wsperry @capecoral.net
Discription: 32,000 LF of 2"4"6" and 8"C-900 by open cut. Directional Drilling of Decrotive Drives,several hundred
water services, fire hydrant replacements,asphalt,concrete brick paver driveway replacement.
Packet Page-930-
4/12/2016 16.B.2.
Project: Winter Garden Trunk Line C Phase-6
Location: Winter Garden, FL
Contractor: Andrew Rework LLC.
Contract: $735,000.00
Completed: 2012
Owner: City of Winter Garden BOCC
Address: 1516 Hillcrest Street,Suite 212,Orlando, FL 32803
Contact: Art Miller, Engineer,PM
Number: 407-841-4084 Ext.201
email: art @armengr.com
Discription: 4,700 LF 18" PVC Force Main,4,500 LF 12"Water Main by open cut, 1,200 LF 12" & 18" by Directional Drill.
Project: Montgomery Ave&White Road Reclaimed Water Main
Location: City of Ocoee, FL
Contractor: Andrew Sitework LLC.
Contract: $972,000.00
Completed: 2011
Owner: City of Ocoee BOCC
Address: 150 N. Lakeside Drive,Ocoee, FL 34761
Contact: David Wheeler, Engineer
Number: 407-905-3100
email: dwheeler @ci.ocoee.fl.us
Discription: 6,000 LF 16"HDPE by Directional Drill, 2,00 LF 4"-12" HDPE and PVC by Directional Drill.
Project: Northcliffe Force Main Replacement
Location: Hernando County, FL
Contractor: Andrew Sitework LLC.
Contract: $850,000.00
Completed: 2010
Owner: Hernando County BOCC
Address: 20 N. Main Street, Room 365, Brooksville, FL 34601
Contact: Mark Morgan, Hernando County Engineer
Number: 352-754-4037
email: markm @co.hernando.fl.us
Discription: 6,700 LF 16" FPVC by Directional Drill, 280 LF Steel Casing by Jack&Bore, &Restoration
Packet Page-931-
4/12/2016 16.B.2.
Project: Osceola Parkway/FL Turnpike Water Main Crossing
Location: Kissimmee, FL
Contractor: Andrew Sitework LLC.
Contract: $1,230,000.00
Completed: 2013
Owner: Toho Water Authority
Address: 951 Martin Luther King Blvd, Kissimmee, FL 34741
Contact: Jay Morris, Engineer CPH
Number: 407-425-0452
email: imorris @cohengineers.com
Discription: 1,500 LF Single Directional Bore of 30" FPVC Water Main, 1,500 LF 24" FPVC Carrier Pipe By HDD crossing
the Florida Turnpike in Kissimmee, FL.
Project: Bryan & Bama Fire Protection Improvements Project
Location: Brandon, FL
Contractor: Andrew Sitework LLC.
Contract: $1,661,000.00
Completed: 2014
Owner: Hillsborough County BOCC
Address: 601 E. Kennedy Blvd.,Tampa, FL 33602
Contact: Mark Dillman, PM
Number: 813-209-3058
email: dillmanm @hillsboroughcounty.org
Discription: 21,000+LF 6"&8" PVC by Directional Drill,400+Water Services, 95 Fire Hydrants,Complete Restoration.
Project: Country Club Estates Water Main Replacement
Location: City of Deland, FL
Contractor: Andrew Sitework LLC.
Contract: $735,000.00
Completed: 2011
Owner: City of Deland BOCC
Address: 1102 S. Garfield Ave, Deland, FL 32724
Contact: Keith Riger,City Engineer
Number: 386-626-7197
email: rigerk @deland.org
Discription: 17,000 LF 4"-8" HDPE Water Main by Directional Drill, 125 Water Services, Numerous Fire Hydrants,
8,000 SY Asphalt Restoration,Concrete Driveway and Sidewalk Restoration.
Packet Page-932-
4/12/2016 16.B.2.
Project: Water Distribution Interconnect With Moore Haven
Location: Lake Alfred, FL
Contractor: Andrew Sitework LLOC.
Contract: $122,000.00
Completed: 2013
Owner: City of Lake Alfred BOCC
Address: 155 E. Pomelo Street, Lake Alfred, FL 33850
Contact: John Deaton,City Engineer
Number: 863-291-5270
email: ideaton @mylakealfred.com
Discription: 1,100 LF 10"HDPE Water Main by Directional Drill, Double Flow Meter Assembly&Connections to Existing
Project: Capital Water System Improvements Project
Location: Holy Hill, FL
Contractor: Andrew Sitework LLC.
Contract: $665,000.00
Completed: 2012
Owner: City of Holy Hill BOCC
Address: 4401 East Port Pkwy., Port Orange, FL 32127
Contact: Andrew Giannini, Engineer
Number: 386-761-6810
email: agiannini @glha.com
Discription: 9,800 LF 4",6", &8" PVC and HDPE by open cut and Directional Drill methods,
Numerous Water Services, Fire Hydrants,and Restoration etc.
Project: Deland Water Mains 2012
Location: Deland, FL
Contractor: Andrew Sitework LLC.
Contract: $540,000.00
Completed: 2012
Owner: City of Deland BOCC
Address: 1102 S. Garfield Ave, Deland, FL 32724
Contact: Keith Riger,City Engineer
Number: 386-626-7197
email: rigerk @deland.org
Discription: 6,000 LF 6"&8" PVC& HDPE Water Main by open cut and Directional Drill Methods,
Numerous Water Services, Fire Hydrants,and Restoration etc.
Packet Page-933-
®
4/12/2016 16.B.2.
Project: Riverwood Water Main Replacement Project
Location: Naples, FL
Contractor: Andrew Sitework LLC.
Contract: $895,000.00
Completed: 2012
Owner: Collier County BOCC
Address: 3301 Tamiami Trail E. Bldg H, Naples, FL 34112
Contact: Dayne Atkinson PM
Number: 239-252-5337
email: dayneatkinson@colliergov.net
Discription: 11,500 LF 8" RPVC by Directional Drill,290 Water Services,BFP's Fire Hydrants, Mill&Overlay Asphalt
and complete project restoration.
Project: Holiday Drive Waterline Replacement
Location: Tarpon Springs,FL
Contractor: Andrew Sitework LLC.
Contract: $158,000.00
Completed: 2013
Owner: City of Tarpon Springs BOCC
Address: 300 Pine Street,Tarpon Springs, FL
Contact: Steve Weyer PM
Number: 727-942-5615
email: N/A
Discription: 1,560 LF 6" &8" HDPE by Directional Drill,Water Service Replacement and project restoration.
Project: Chippewa Trail Water Main Improvements
Location; Maitland, FL
Contractor: Andrew Sitework LLC.
Contract: $290,000.00
Completed: 2013
Owner: City of Maitland BOCC
Address: Maitland, FL
Contact: Robert Hyden,City Engineer
Number: 407-875-2115
email: rhyden@itsmymaitland.com
Discription: 3,100 LF 8" PVC by Directional Drill and Open Cut Methods. Numerous Water Services, Fire Hydrants etc.
Packet Page -934-
4/12/2016 16.B.2.
Project: Option T-8 Reclaimed Water Distribution System Expansion
Location: Naples, FL
Contractor: Andrew Sitework LLC.
Contract: $812,567.00
Completed: October,2014
Owner: City of Naples, FL
Address: 735 8th Street South, Naples, FL 34102
Contact: Erik!sern, PE
Number: 239-457-4601 Ext.3205
email: iserne@wseinc.com
Discription: 3,700 LF of 16" HDPE DR-9 Reclaimed Water Main by Directional Drill.Asphalt pavement and
Concrete Curb Replacement.
Project: Sun City Mobile Home Park Rehabilitation
Location: Ruskin, FL
Contractor: Andrew Sitework LLC.
Contract: $949,668.00
Completed: On going(December,2014)
Owner: Hillsborough County, FL
Address: 601 E. Kennedy Blvd., 18th Floor,Tampa, FL 33602
Contact: Susan Martelli, PE.
Number: 813-977-6005
email: smartelli@metzgerwillard.com
Discription: Subaqueous Directional Drill crossing the Little Manatee River pulling(2)8" Fusable PVC pipes, Bundled
1,100 LF shot.Open Cut 4,000 LF 8" DIP and PVC Pipe.
Project: Maravilla Circle Waterline Improvements
Location: Fort Myers, FL
Contractor: Andrew Sitework LLC.
Contract: $370,743.00
Completed: 2014
Owner: City of Fort Myers, FL
Address: 2600 Dr. Martin Luther King Jr. Blvd., Fort Myers, FL 33916
Contact: Avelino Cancel, PM
Number: 239-671-4291
email: acancel@cityftmvers.com
Discription: 3,300 LF Water Main by Open Cut,services, Fire Hydrants,Asphalt and Concret Replacement.
Packet Page-935-
4/12/2016 16.B.2.
Project: BRU/COB Reclaimed Water Interconnect Phase-III
Location: Manatee County
Contractor: (ASW) for,Wright Construction Group
Contract: $386,000.00
Completed: 2013
Owner: Lakewood Ranch Stewardship District/Braden Utilities
Address: 14400 Covenant Way, Lakewood Ranch, FL 34202
Contact: Robbie Powell
Number: 239-220-6806
email: robbie.powell @wrightg.com
Discription: 4,900 LF of 20" PVC pipe by Open cut.(ASW)worked as a subcontractor to the pime contractor,
Wright Construction Group.This project required well point dewatering, use of a trench box for
proper and safe installation and restoration.
Project: FGCU Off-Site Utility Improvements
Location: Fort Myers, FL
Contractor: Andrew Sitework LLC.
Contract: $2,274,000.00
Completed: 2015
Owner: Lee County BOCC
Address: 1500 Monroe Street, Fort Myers, FL 33901
Contact: Jessica Munoz PE
Number: 239-533-8155
email: imunoz@leegov.com -
Discription: 1550 LF of 30"HDPE by HDD crossing Interstae-75 in south Fort Myers,Several thousand feed of 18 to 24 inch
force main by open cut, a 42:Jack and bore approximately 150 LF crossing Benn Hill Griffin Pkwy.This
Jack and bore was extremely deep with heavy dewatering and shoring.
Project: Indian Shores Subaqueous Force Main
Location: Pinellas County, FL
Contractor: Andrew Sitework LLC.
Contract: $1,142,000.00
Completed: 2015
Owner: Pinellas County, FL
Address: Pinellas County BOCC
Contact: Angel Lafita
Number: 727-464-8864
email: alafita @pinellascountv.org
Discription: Single 1850 LF subaqueous directional bore crossing indian shores intercoastals waterway, along with
lining of manholes, complicated tie-ins,and extensive sound barriers.
Packet Page-936-
4/12/2016 16.B.2.
Project: Alico Road Force Main Extension
Location: Fort Myers, FL
Contractor: Andrew Sitework LLC.
Contract: $812,000,00
Completed: 2015
Owner: Lee County BOCC
Address: 1500 Monroe Street, Fort Myers,FL 33901
Contact: Jessica Munoz PE
Number: 239-533-8155
email: jmunoz @leegov.com
Discription: 10,000 LF of 12" PVC Force Main, Heavy clearing, buiding of a berm over the pipe run.Dewatering, Site
grading and grassing,installation of numerous cleanout assembly's.
Project: Parkside CRA Utility Replacement
Location: Port Charlotte, FL
Contractor: Andrew Sitework LLC.
Contract: $3,400,000.00
Completed: Under Way as of March 2016
Owner: Charlotte County BOCC
Address: 18500 Murdock Circle,Suite 344, Port Charlotte, FL 33948
Contact: Chuck Henderson/Inspector
Number: 941-661-6473
email: chuck.henderson @charlottecountyfl.gov
Discription: 3000 LF of Gravity Sewer 12 to 20 feet deep.3500 LF of 24" Force Main by open cut within the residential
roadways. 3000 LF of 4" Reclaimed Water Main.4500 LF of 8" Potable Water Main.Two 20" HDPE Force
mains by Directional Drill crossing FDOT roadway intersection. Installation of a new lift station 25'deep
and removal and demolition of existing utilities,site restoration from ROW to ROW line.
Packet Page -937-
4/12/2016 16.B.2.
ok:s `I'K`, STATE OF FLORIDA
,',:. 0 *ti DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
r..: ' `' CONSTRUCTION•INDUSTRY LICENSING BOARD (850) 487-1395
' .xw11'> 1940 NORTH-MONROE STREET
TALLAHASSEE FL 32399-0783
ANDREW, RALPH CHANCEY III
ANDREW SITE WORK LLC -
848 WOODRIDGE CIRCLE
FORT MYERS FL 3391.3
Congratulatlonsl With this license you become one of the nearly , ., -�
one million Floridians licensed by the Department of Business end
Professional Regulation. Our professionals and businesses range _STAT CFfLORIDA
from architects to yacht brokers,from boxers to barbeque restaurants,
and they keep Florida's economy strong. :�' BUSINESS AND
Every day we work to improve the way we do business in order to �'� s•(28%2014
www.myfloridali information
There you our can find more Informagtionto
about our divisions and the regulations that impact you,subscribe "" `• M.� 7° R
�
to department newsletters and learn more about the Department's ,y_
initiatives. °..,r�_r K'
C
Our mission at the Department is License Efficiently,Regulate Fairly.
We constantly strive to serve you better so that you can serve your .F,,�'' ,.• - +,,
customers. Thank you for doing business In Florida, r. - rrroy},•tonr,rr QK.Aaa Fs,
and congratulations on your new license! ��� ' r,i
DETACH HERE
RICK SCOTT,GOVERNOR
r y M 4 KEN LAWSON,SECRETARY
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ISSUED: 06/26/2014 DISPLAY AS REQUIRED BY LAW SEC)# L1406260000960
Packet Page-938-
4/12/2016 16.B.2.
Form W-9 Request for Taxpayer Give Form to the
(Rev.December 2014) identification Number and Certification requester.Do not
Department of the Treasury send to the iRS.
Internal Revenue Service
1 Name(as shown on your Income tax return).Name is required on this Me;do not leave this line blank.
Andrew Sitework LLC.
2 Business name/disregarded entity name,If different from above
rJ
3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to
❑IndividuaUsole proprietor or ❑ C Corporation certain entities not Individuals;see
❑S Corporation ❑ Partnership ❑Trust/estate
a single-member LLC.` instructions on page 3):
L D Umited liability company.Enter the tax classification(C�corporation,S=S corporation,P=parbrership)l• p Exempt p°y°e a(H aryl
2 Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting
the tax classification of the single-member owner.
V code(if any)
o.-7' ❑Other(see instructions)► sew.to=wn r•r+ahw m,ma.M.us)
S6 Address(number,street,and apt or suite no.) Requester's name and address
Elevation Way
a City,state,and ZIP code
co Fort Myers,FL.33905
7 Ust account number(s)here(options)
Part I Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TiN provided must match the name given on line 1 to avoid Skald sftt number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a _r 1 resident alien,sole proprietor,or disregarded entity see the Part I Instructions on page 3.For other
entitles,it Is your employer identification number(EIN).If you do not have a number,see How to get a
TIN on page 3. or
Note.If the account Is In more than one name,see the Instructions for line 1 and the chart on page 4 for I t:mplaySr ldenfificatlon nunbar
guidelines on whose number to enter.
2 6 —13121911rr ff
1817111
Part II Certification
Under penalties of penury,I certify that:
1. The number shown on this form is my correct taxpayer Identification number(or I am waiting for a number to be issued to me);and
2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3. I am a U.S.citizen or other U.S.person(defined below);and
4,The FATCA code(s)entered on this form(if any)Indicating that I am exempt from FATCA reporting Is correct.
Certification instructions.You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all int, _ and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage
interest paid,acquisition or abando .-'1. secured property,cancellation of debt,contributions to an Individual retirement arrangement ORa),and
generally,payments other than I •dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 3.
Sign
Here u gs.perwnf►'/ • I 6-
General Inst 4111 ��— •Fenn 1098(home mortgage interest),109 E(student loan Interest),1098-1
(tuition)
Section references are ti •e Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt)
Future developments.Information about developments affecting Form W-9(such •Form 1099-A
as legislation enacted after we release it)Is at www.)rs.govifw9. (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S.person(Including a resident alien),to
Purpose of Form provide your correct TIN.
An Individual or entity(Form W-9 requester)who is required to file an information d you do not return Form W-9 to the requester with a TIN,you might be subject
return with the IRS must obtain your correct taxpayer ideMMcation number(TIN) to backup withholding.See What Is backup withholding?on page 2.
which may be your social security number(SSW),individual taxpayer identification By signing the filled-out form,you:
number(MN),adoption taxpayer identification number CAM,or employer 1.Certify hat the TIN
identification number(EIN),to report on an information return the amount paid to to be issues You are identification Is correct(or you are waiting for a number
you,or other amount reportable on an Information return.Examples of Information
returns Include,but are not limited to,the following: 2.Certify that you we not subject to backup withholding,or
•Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are s U.S.exempt payee.if
•Form 1090-DIV(dividends,including those from stacks of mutual funds) applicable,you are also certifying that as a US.person,your allocable share of
•Form 1099-MISC(various types of income, any partnership Income from a U.S.trade o of business Is not subject to the
prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and
•Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form Of any)indicating that you are
brokers) exempt from the FATCA reporting,Is correct.See What is FATCA reporting?on
•Form 1099-S(proceeds from real estate transactions) page 2 for further Information.
•Form 1099-K(merchant card end third party network transaction)
Cat.No.10231X Form W-9(Rev.12-2014)
Packet Page -939-
4/12/2016 16.B.2.
Client#:1462194 132ANDRESIT
ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATEpeMAppryyyy)
f 9/17/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the polcy(Ms)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER -CONy/
BUT-Oswald Trippe and Company NNAAMMEE
13515 BeII Tower Drive )>if'a ear.239 433-4535 % .No 866-881-5271
Fort Myers,FL 33907 -
239 433.4535 RAURER(S)AFFORDING COVERAGE kW s
aisuennA;FCCI Insurance Company 10178
INSURED INSURER B.
Andrew Site Work LLC
4696 Elevation Way INSURER c'
INSU
Fort Myers,FL 33905RER 0:
INSURER E: -
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONOMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE cc INSURANCE ADOLSUBR
IFISR p j y MN% AIGYpfp UMFTS
A GENERALLUSILm GL00159252 09/15/2014 09/1�5/2011�5 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL UADIUTY R Ewa:Steal $100,000
CLAIMS-MADE OCCUR MED DIP(My one parson) 85,000
X PD Ded:$1,000 PERSONAL&AW INJURY s1,000,000
GENERAL AGGREGATE 52,000,000
GENt AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000
POLICY I �I J£CT 7 LOC
A AUTOMOBILE UASILm CA00252192 09/15/2014 09/15/201
OR Ma oD SINGLE LIMIT 31,000,000
X ANY AUTO BODILY INJURY(Par person) S
ALL SCHEDULED BODILY INJURY(Per a
aiden) $
AUTOS
X HIRED AUTOS X AU OSWNED OPzin pMpGE
5
S
A X U&rmRELLA UAB X OCCUR UMB00175402 09/15/2014 09/15/2015 EACH OCCURRENCE $2,000,000
EXCESS UAB CLAMS•MADE
AGGREGATE 52,000,000
DED XI RETENTION$10000
A KERB COMPENSATOR 001WC14A7213 WC STATU 0TH.
AANNyDEMPLOYERELIABILITY YIN 04/0112014 O4IO1/ZO1!{jX ITORYUMTS It:R
WIC�EXCLUDE07 Ec- N/A EL EACH ACCIDENT :1,000,000
(Mandatory In NH)
Syas, cnroe under E.L.DISEASE•EA EMPLOYEE $1,000,000
DESCRIPTION OF OPERATIONS below EL DISEASE•POLICY UNIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD lOt,AddNlenal Ramarb Salgado*,If mate apace A required/
"e Workers Comp Information"
Proprietors/Partners/Executive Officers/Members Excluded:
Adam Youschak,Member
CERTIFICATE HOLDER CANCELLATION
Informational Purposes Only SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
4044-(060/1-gligns,0
1988-2010 ACORD CORPORATION.All rights reserved.
ACORD 25(2010/05) 1 of 1 The ACORD name and logo am registered marks of ACORD
#S13005739/M12996223
KAEV
Packet Page-940-
i
4/12/2016 16.B.2.
State of Florida
Department of State
I certify from the records of this office that ANDREW SITE WORK,LLC, is a
limited liability company organized under the laws of the State of Florida, filed
on August 28, 2008, effective August 27, 2008.
The document number of this company is L08000082353.
I further certify that said company has paid all fees due this office through
December 31, 2013, that its most recent annual report was filed on February 4,
2013, and its status is active.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital,this is
the Fourth day of February,2013
,
ION if)
•
Secretary of State
Authentication ID:CC7317914336
To authenticate this certificate,visit the following site,enter this
ID,and then follow the instructions displayed.
https://efile.sunbiz.org/certauthver.htrni
Packet Page-941-
4/12/2016 16.B.2.
h .._ .-._ __._.. �,-._ a
oh, -v.
American Management Resources Corporation ! °
D ' 1
''' \1` )
i s In
'�' Certifies that
1 1
Ralph Andrew
'' Has successfully completed the 8 Hour OSHA Course for handling
° Class II Asbestos-Containing Materials j a
.I r
•
�1 CLASS II ASBESTOS WORK I ‘,'
,\ ,
1E
NI
1 8 Hour OSHA Course
,
1 )
March 25, 2011
c ; 4391 I '
i Course Date Certificate Number i 1
Jack Snider III,C°SF, �''
'., qr Course Instructor \ir�i
d
:I. )
• March 25, 2011
1 Exam Date `, ���,
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p9.TicK" Department of
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ci 4 k' R r _ Environmental Protection y -.
,,no:. 61,Iii. 0::,k1,;; 2600 Blair Stone Road, M.S.3570
a s j: Tallahassee, Florida 32399-2400
November 28,2012
Congratulations on successfully completing the Florida Stormwater Erosion and Sedimentation Control Inspector
Training Program. I greatly appreciate your participation in and successful completion of this course. I hope that it has
helped you to better understand Florida's stormwater problems and the importance of proper design,construction,and
maintenance of eosion and sediment controls during construction,in order to assure the proper long-term operation
and maintenance of stormwater systems after construction is completed.
Attached you will find your numbered certificate and wallet card. Please let me know if there are any errors in the
certificate or card,or in the grading of your exam. If I can be of
further assistance,please do not hesitate to contact me at
850/245-8294 or via email: halton.lunsford @dep.state.fl.us DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Brian Brandfass STORMWATER EROSION. o-;.,z' ,,g,rrATION CONTROL
INSPE O1tTRAIN 5x,�'.'., RAM
Andrew Site Work LLC Ass . .v;
4696 Elevation Way Bl741I :4 'aluiaaSS
Ft. Myers, FL 33905 4_
Clash ,,°;�,� Inspector Number
November.1;-2012 27909
QUALIFIED STORMWATER MANAGEMENT INSPECTOR
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CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with Andrew Site Work, LLC ("Contractor") of 2511 Palm Avenue, Fort Myers,
Florida 33916, a limited liability corporation authorized to do business in the State of Florida, to
perform all work ("Work") in connection with Pineland Avenue Stormwater Improvements,
Bid No. 15-6441 ("Project"), as said Work is set forth in the Plans and Specifications prepared
by Q. Grady Minor, 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: Ninety-One Thousand Two Hundred Eighty-Five Dollars and Fifty Cents.
($91,285.50).
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in
Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by
Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized
to do business in the State of Florida and otherwise acceptable to Owner; provided, however,
the surety shall meet the requirements of the Department of the Treasury Fiscal Service,
"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at
www.fms.treas.gov/c570/c570.html#certified. 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. 004,
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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 sixty (60) calendar days from the Commencement Date (herein
"Contract Time"). The date of Substantial Completion of the Work (or designated portions
thereof) is the date certified by the Design Professional when construction is sufficiently
complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work
(or designated portions thereof) for the use for which it is intended. Contractor shall achieve
Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final
Completion shall occur when the Agreement is completed in its entirety, is accepted by the
Owner as complete and is so stated by the Owner as completed. As used herein and
throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly
authorized representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner
will suffer financial loss if Contractor fails to achieve Substantial Completion within the time
specified above, as said time may be adjusted as provided for herein. In such event, the total
amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and
quantify. Should Contractor fail to achieve Substantial Completion within the number of
calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but
not as a penalty, Eight Hundred Eighty-Four Dollars ($884.00) for each calendar day
thereafter until Substantial Completion is achieved. Further, in the event Substantial
Completion is reached, but the Contractor fails to reach Final Completion within the required
time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual
damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion.
The Project shall be deemed to be substantially completed on the date the Project Manager (or
at his/her direction, the Design Professional) issues a Certificate of Substantial Completion
pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right
which it may have to seek to characterize the above noted liquidated damages as a penalty,
which the parties agree represents a fair and reasonable estimate of the Owner's actual
damages at the time of contracting if Contractor fails to Substantially or Finally Complete the
Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday 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.
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D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days or
working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or any
other agreement between Owner and Contractor, as payment on such liquidated damages due
under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the
contrary, Owner retains its right to liquidated damages due under this Agreement even if
Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the
Work, or any part of it, after the expiration of the Contract Time including granted time
extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and Owner elects
to complete the Work, in whole or in part, through another contractor or its own forces, the
Contractor and its surety shall continue to be liable for the liquidated damages under the
Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not
charge liquidated damages for any delay in achieving Substantial or Final Completion as a
result of any unreasonable action or delay on the part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor
in writing that the Work is complete. Once the Owner has approved and accepted the Work,
Contractor shall be entitled to final payment in accordance with the terms of the Contract
Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a
result of Contractor's failure to fulfill all of its obligations under the Contract Documents.
Owner's recovery of any delay related damages under this Agreement through the liquidated
damages does not preclude Owner from recovering from Contractor any other non-delay related
damages that may be owed to it arising out of or relating to this Agreement.
Section 6. Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed to be incorporated by
reference and made a part of this Agreement for Solicitation ITB 15-6441 Pineland Avenue
Stormwater Improvements.
Exhibit A: Performance and Payment Bond Forms
Exhibit B: Insurance Requirements
Exhibit C: Release and Affidavit Form
Exhibit D: Contractor Application for Payment Form
Exhibit E: Change Order Form
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final Payment Checklist
Exhibit H: General Terms and Conditions
Exhibit I: Supplemental Terms and Conditions
Exhibit J: Technical Specifications
Exhibit K: Permits
Exhibit L: Standard Details (if applicable)
Exhibit M: Plans and Specifications prepared by Q Grady Minor
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and identified as follows: Pineland Avenue Stormwater Improvements
as shown on Plan Sheets 1 through 3.
Exhibit N: Contractor's List of Key Personnel
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the Owner
shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed
to the following:
Elly McKuen, Project Manager
Bayshore Gateway Triangle CRA
3570 Bayshore Drive, #102
Naples, FL 34112
(239) 643-1115
El lVMcKuenacol liergov.net
B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be
made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile,
addressed to the following:
Ralph C. Andrew III, President
Andrew Site Work, LLC
2511 Palm Avenue
Fort Myers, Florida 33916
(239) 226-1606
Ralph a andrewsitework.com
C. Either party may change its above noted address by giving written notice to the other
party in accordance with the requirements of this Section.
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.
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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 purchasing ordinance and policies and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be construed against
the party who physically prepared this Agreement. The rule sometimes referred to as "fortius
contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its
face to have been inserted for the benefit of one of the parties shall be construed against the
benefited party) shall not be applied to the construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract Documents, the
terms of the Construction Agreement and the General Terms and Conditions shall take
precedence over the terms of all other Contract Documents including the Owner's Board
approved Executive Summary, 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 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
CONTRACTOR:
TWO WITNESSES: Andrew Site Work, LLC.
By:
FIRST WITNESS
Print Name and Title Date
Print Name
SECOND WITNESS
Print Name
Date: OWNER:
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
Dwight E. Brock, Clerk
BY: BY:
Donna Fiala, Chairman
Date
Approved as to Form and Legality:
ssistant County Attorney
Print Name
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EXHIBIT A 1: PUBLIC PAYMENT BOND
Pineland Avenue Stormwater Improvements
Bond No.
Contract No, 15-6441
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal,
and , as
Surety, located at
(Business Address) are held and firmly bound to
as Obligee in the sum of
($ ) 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 Obligee for in
accordance with drawings and specifications, which contract is
incorporated by reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
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 under-signed representative, pursuant to authority of its
governing body.
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Signed, sealed and delivered
in the presence of:
PRINCIPAL
BY:
Witnesses as to Principal NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as of
, a corporation, on behalf of the
corporation. He/she is personally known to me OR has produced as
identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety (Printed Name)
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OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses (Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 20 , by
as of
Surety, on behalf of Surety. He/She is personally known to me OR has produced
as identification and who did (did not)
take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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EXHIBIT A 2: PUBLIC PERFORMANCE BOND
Pineland Avenue Stormwater Improvements
Bond No.
Contract No. 15-6441
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
, as Obligee in the sum of
($ ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
, 20 with Obligee for
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.
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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.
I
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
BY:
Witnesses as to Principal
NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 20 , by
as of , a
corporation, on behalf of the corporation. He/she is
personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witnesses as to Surety (Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses (Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 by , as
of a
Surety, on behalf of Surety. He/She is personally
known to me OR has produced as identification
and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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EXHIBIT B: INSURANCE REQUIREMENTS
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of
this solicitation. The Vendor shall procure and maintain property insurance upon the entire
project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them,
all damages covered by property insurance provided herein, except such rights as they may
have to the proceeds of such insurance. The Vendor and County shall, where appropriate,
require similar waivers of subrogation from the County's separate Vendors, Design Consultants
and Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify"For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation
shall name Collier County, Florida, as an additional insured as to the operations of Vendor
under this solicitation and shall contain a severability of interests provisions.
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR Collier County Government, OR Collier
County. The Certificates of Insurance must state the Contract Number, or Project
Number, or specific Project description, or must read: For any and all work performed
on behalf of Collier County.
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or
their equivalents. If Vendor has any self-insured retentions or deductibles under any of the
below listed minimum required coverage, Vendor must identify on the Certificate of Insurance
the nature and amount of such self- insured retentions or deductibles and provide satisfactory
evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be Vendor's sole responsibility.
Coveragel_s_l shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the scope of work by the County or as
specified in this solicitation whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County
of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The
Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt,
of any notices of expiration, cancellation, non-renewal or material change in coverage or limits
received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this
requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to
be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate
limit reinstated to the full extent permitted under such policy.
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Should at any time the Vendor not maintain the insurance coverage required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverages and charge the Vendor for such coverage] purchased. If Vendor fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the
right to offset these costs from any amount due Vendor under this Agreement or any other
agreement between the County and Vendor. The County shall be under no obligation to
purchase such insurance, nor shall it be responsible for the coverage purchased or the
insurance company or companies used. The decision of the County to purchase such
insurance coverage coverageW shall in no way be construed to be a waiver of any of its rights under the
Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s)
of Insurance not later than ten (10) calendar days after the expiration date on the certificate.
Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
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Collier County Florida
INSURANCE AND BONDING REQUIREMENTS
insurance/°Band Type Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $500,000 single limit per occurrence
3. ® Commercial General $1.000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
Liability(Occurrence Form) Liability and Property Damage Liability. This shall include Premises and
patterned after the current Operations; Independent Contractors; Products and Completed Operations
ISO form and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including,
but not limited to, reasonable attorneys'fees and paralegals'fees,to the
extent caused by the negligence, recklessness,or intentionally wrongful
conduct of the ContractorNendor/Consultant or anyone employed or utilized
by the ContractorNendor/Consultant in the performance of this Agreement.
This indemnification obligation shall not be construed to negate,abridge or
reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.This section does not
pertain to any incident arising from the sole negligence of Collier County.
4. ®Automobile Liability $1.000,000 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired;Automobile Included
5. ❑ Other insurance as ❑Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage(Jones Act)shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ Per Occurrence
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑Valuable Papers Insurance $ Per Occurrence
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6. ® 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.
7. ® Performance and For projects in excess of$200,000, bonds shall be submitted with the
Payment Bonds 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.
8. ® 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.
9. ® Collier County must be named as"ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ® 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.
11. ® Thirty(30) Days Cancellation Notice required.
LJB 4/2/2015
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this solicitation.
Name of Firm Date
Vendor Signature
Print Name
Insurance Agency
Agent Name Telephone Number
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EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses,whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 20 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(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, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS: President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by
, as of a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not)take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public,State of
Commissioner No.:
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EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No.
(County Department) Project No.
Collier County Board of County Commissioners(the OWNER)or Purchase Order No.
Collier County Water-Sewer District(the OWNER) Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE: (Project Name)
Original Contract Time: Original Contract Price: $
Revised Contract Time: Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru[insert date] $ and stored to Date $
Retainage @ %a after [insert date] $ = Less Retainage $
Total Earned Less Retainage $
Less previous payment(s) $
Percent Work completed to Date: % AMOUNT DUE THIS
Percent Contract Time completed to Date % APPLICATION: $
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.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name&Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional : (DP's Name)
(Signature) DATE:
(Type Name&Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
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EXHIBIT E: CHANGE ORDER
An electronic data entry form may be found at:
http://bccspOl/SiteDirectory/ASD/Purchasing/Forms1/Forms/Default.aspx
Change Order Form
Contract D: Change.: PurchaseOrder#: Project#:
Contractorffinn Name: Project Name:
Project Manager Name Department:
Original Contract/Work Oder Amount :; . . rt t. OrigiralBCC Approval Date:Agenda Item#
Current BCC Approved Amount x test BCC Approval Date;Agenda Item#...;.
Current CcntractYU ork Order Amount SAP Contract Expiration Date(Master)
Dolor Amount of the Change elDIV/0! Total Change from Qrigine!Amount
Revised Contract/Work Order Total 3 0.00 #(JfV/0! Change front C tarent BCC Approved Amount
Cumulative Changes S 0.00 leIV/0:' Change horn Current Amount
Coco on.Date,Description of the task(*)C'ntipe Ratronate for thwenange
Notice to Prod Original Last Approved Revised Date
Date I Completion Da Date (Wades Ins mange)
#of Days Added Select Tasks rg Add new task(s)a Deletetask(s) DChangeteslgs)Si Other(seettaav)
Provide a response to the following:1.)detailed and specific explanation/rationale of the requestedchange(s)to the tasks)and t or
the additional days added(if requested);2.)why this change was not included in the original contract and.3.)describe the impact if
this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed.
Prepared by: Date:
(Project Manager Name and Department)
Acceptance of the Change Coder shall constitute a modification to contract/worir order identified above and we be subject to all the same
terms and conditions as contained in the contract i wort order indicated above,as ftllyas if the same were stated in this acceptance.The
adjustment,if any,to the Contract shall constitute a foe and final settlement of any and all claims of the Contractor/Vendor/Como/tam/
Des 01 Professional arising out of or related to the change set forth herein,including claims for impact and delay costs.
Accepted by: Date:
(Contractor/Vendor?Consultant/Design Professional and Name of Firm,if projeccapplicabie)
Approved by: Dale:
(Design Professional and Name of Firm,if project applicable)
Approved by: Date:
(Procurement Professional
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EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on , 20
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on , 20
OWNER
By:
Type Name and Title
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EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.: Date: , 20
Contractor:
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner(attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor: (Company Name)
(Signature)
(Typed Name&Title)
By Design
Professional: (Firm Name)
(Signature)
(Typed Name&Title)
By Owner: (Department Name)
(Signature)
(Name&Title)
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EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work,
materials or equipment that may reasonably be inferred from the Contract Documents as being
required to produce the intended result shall be supplied whether or not specifically called for.
When words which have a well known technical or trade meaning are used to describe work,
materials or equipment, such words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals or codes of any technical society, organization or
association or to the laws or regulations of any governmental authority having jurisdiction over
the Project, whether such reference be specific or by implication, shall mean the latest standard
specification, manual, code, law or regulation in effect at the time the Work is performed, except
as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from
the Project Manager may require Contractor to consult directly with Design Professional or
some other third party, as directed by Project Manager. Contractor shall take field
measurements and verify field conditions and shall carefully compare such field measurements
and conditions and other information known to Contractor with the Contract Documents before
commencing any portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and
are not intended to serve as shop drawings. Specifications are separated into divisions for
convenience of reference only and shall not be interpreted as establishing divisions for the
Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy
between or among the drawings, specifications or other Contract Document provisions,
Contractor shall be required to comply with the provision which is the more restrictive or
stringent requirement upon the Contractor, as determined by the Project Manager. Unless
otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware,
accessories, trim and other parts required in connection with any portion of the Work to make a
complete, serviceable, finished and first quality installation shall be furnished and installed as
part of the Work, whether or not called for by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying
itself concerning the nature and location of the Work and the general and local conditions, and
particularly, but without limitation, with respect to the following: those affecting transportation,
access, disposal, handling and storage of materials; availability and quality of labor; water and
electric power; availability and condition of roads; work area; living facilities; climatic conditions
and seasons; physical conditions at the work-site and the project area as a whole; topography
and ground surface conditions; nature and quantity of the surface materials to be encountered;
subsurface conditions; equipment and facilities needed preliminary to and during performance
of the Work; and all other costs associated with such performance. The failure of Contractor to
acquaint itself with any applicable conditions shall not relieve Contractor from any of its
responsibilities to perform under the Contract Documents, nor shall it be considered the basis
for any claim for additional time or compensation.
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2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility
services above, upon, or under the Project site, said roadways, railways, drainage facilities and
utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the
owners of all Utilities to determine the necessity for relocating or temporarily interrupting any
Utilities during the construction of the Project. Contractor shall schedule and coordinate its
Work around any such relocation or temporary service interruption. Contractor shall be
responsible for properly shoring, supporting and protecting all Utilities at all times during the
course of the Work. The Contractor is responsible for coordinating all other utility work so as to
not interfere with the prosecution of the Work (except those utilities to be coordinated by the
Owner as may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are
encountered at the Project site which are (i) subsurface or otherwise concealed physical
conditions which differ materially from those indicated in the Contract Documents or (ii)
unknown physical conditions of an unusual nature, which differ materially from those ordinarily
found to exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, and which reasonably should not have been
discovered by Contractor as part of its scope of site investigative services required pursuant to
the terms of the Contract Documents, then Contractor shall provide Owner with prompt written
notice thereof before conditions are disturbed and in no event later than three (3) calendar days
after first observance of such conditions. Owner and Design Professional shall promptly
investigate such conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner will
acknowledge and agree to an equitable adjustment to Contractor's compensation or time for
performance, or both, for such Work. If Owner determines that the conditions at the site are not
materially different from those indicated in the Contract Documents or not of an unusual nature
or should have been discovered by Contractor as part of its investigative services, and that no
change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing,
stating its reasons. Claims by Contractor in opposition to such determination by Owner must be
made within seven (7) calendar days after Contractor's receipt of Owner's written determination
notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of
performance, the dispute resolution procedure set forth in the Contract Documents shall be
complied with by the parties.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall
prepare and submit to Project Manager, for their review and approval, a progress schedule for
the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work
required by the Contract Documents, and shall utilize the Critical Path method of scheduling and
shall provide for expeditious and practicable execution of the Work within the Contract Time.
The Progress Schedule shall indicate the dates for starting and completing the various stages of
the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its monthly
Applications for Payment noted below. The Project Manager's review and approval of the
submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation
to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the requirements
of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will
generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work
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shall be performed outside the specified hours without the prior approval of the Project
Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to
Project Manager, for their review and approval, a schedule of values based upon the Contract
Price, listing the major elements of the Work and the dollar value for each element. After its
approval by the Project Manager, this schedule of values shall be used as the basis for the
Contractor's monthly Applications for Payment. This schedule shall be updated and submitted
each month along with a completed copy of the Application for Payment form signed by the
Contractor's authorized representative and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to
the Project Manager the list of its Subcontractors and materialmen submitted with its Bid
showing the work and materials involved and the dollar amount of each subcontract and
purchase order. Contractor acknowledges and agrees that any modifications to the list of
Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors
are subject to Owner's prior written approval. The first Application for Payment shall be
submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding
anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may
submit its invoice for any required Payment and Performance Bonds prior to the first Application
of Payment provided that Contractor has furnished Owner certified copies of the receipts
evidencing the premium paid by Contractor for the bonds.
4.3 Contractor shall submit all Applications for Payment to the County's Project Manager
and/or his designee.
4.4 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or equipment
that have not been incorporated into the Project. If payment is requested on the basis of
materials and equipment not incorporated into the Project, but delivered and suitably stored at
the site or at another location, and such payment and storage have been agreed to by Owner in
writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other
documentation warranting that the Owner has received the materials and equipment free and
clear of all liens, charges, security interests and encumbrances, together with evidence that the
materials and equipment are covered by appropriate property insurance and other
arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's
satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record attached
hereto and made a part hereof as Exhibit D.
4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the
Project Manager or his or her designee, as directed by Owner (which designee may include the
Design Professional). After the date of each Application for Payment is stamped as received
and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design
Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its
approval of only a portion of the requested payment, stating in writing its reasons therefore; or
(3) return the Application for Payment to the Contractor indicating, in writing, the reason for
refusing to approve payment. Payments of proper invoices in the amounts approved shall be
processed and paid in accordance with Section 218.735, F.S. and the administrative procedures
established by the County's Purchasing Department and the Clerk of Court's Finance
Department respectively.
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In the event of a total denial by Owner and return of the Application for Payment by the Project
Manager, the Contractor may make the necessary corrections and re-submit the Application for
Payment. The Owner shall, within ten (10) business days after the Application for Payment is
stamped and received and after Project Manager approval of an Application for Payment, pay
the Contractor the amounts so approved.
4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment
request or ten percent (10%) of the portion thereof approved by the Project Manager for
payment, whichever is less. Such sum shall be accumulated and not released to Contractor until
final payment is due unless otherwise agreed to by the Owner in accordance with Florida
Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held throughout the
course of the Project schedule. Owner shall reduce the amount of the retainage withheld on
each payment request subsequent to fifty percent (50%) completion subject to the guidelines
set forth in Florida Statute 255.078 and as set forth in the Owner's purchasing ordinance and
policies.
4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.8 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging
Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are
then due and payable by Owner with respect to the current Application for Payment. Further, to
the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a
Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form
attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier
has been paid in full through the previous month's Application for Payment. The Owner shall not
be required to make payment until and unless these affidavits are furnished by Contractor.
4.9 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals based
on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first
monthly Application for Payment, Contractor shall prepare and submit for Project Manager's
review and approval, a detailed Project Funding Schedule, which shall be updated as necessary
and approved by Owner to reflect approved adjustments to the Contract Amount and Contract
Time. No voluntary acceleration or early completion of the Work shall modify the time of
payments to Contractor as set forth in the approved Project Funding Schedule.
4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work required of it
under this Agreement pending resolution of the dispute provided that Owner continues to pay
Contractor all amounts that Owner does not dispute are due and payable.
4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion
of contract. Any untimely submission of invoices beyond the specified deadline period is subject
to non-payment under the legal doctrine of "'aches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract. The County maynot
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accept any additional surcharges (credit card transaction fees) as a result of using the County's
credit card for transactions relating to this solicitation.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections that reveal
non-compliance with the Contract Documents. The Project Manager may nullify the whole or
any part of any approval for payment previously issued and Owner may withhold any payments
otherwise due Contractor under this Agreement or any other agreement between Owner and
Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss
because of:
(a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating
probable filing of such claims; (c) failure of Contractor to make payment properly to
subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be
completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the
Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work
by the Contractor; or(g) any other material breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three
(3) days written notice, rectify the same at Contractor's expense. Provided, however, in the
event of an emergency, Owner shall not be required to provide Contractor any written notice
prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums
due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not limited to
taxes or other fees) to Collier County and the contractor has not satisfied nor made
arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to
the County by applying the amount owed to the vendor or contractor for services performed
and/or for materials delivered in association with a contract.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S.
and the administrative procedures established by the County's Purchasing Department and the
Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project
Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit
condition precedent to the accrual of Contractor's right to final payment, shall have furnished
Owner with a properly executed and notarized copy of the Release and Affidavit attached as
Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such
other documentation that may be required by the Contract Documents and the Owner. Prior to
release of final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of which is
attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all
claims by Contractor against Owner arising out of this Agreement or otherwise relating to the
Project, except those previously made in writing in accordance with the requirements of the
Contract Documents and identified by Contractor as unsettled in its final Application for
Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a
waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of
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damages for defective Work not discovered by the Design Professional or Project Manager at
the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements for
approval of materials to be submitted such as shop drawings, data, test results, schedules and
samples. Contractor shall submit all such materials at its own expense and in such form as
required by the Contract Documents in sufficient time to prevent any delay in the delivery of
such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular supplier, the naming of the
item is intended to establish the type, function and quality required. Unless the name is
followed by words indicating that no substitution is permitted, materials or equipment of other
suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow
the Owner to determine that the material or equipment proposed is equivalent or equal to that
named. Requests for review of substitute items of material and equipment will not be accepted
by Owner from anyone other than Contractor and all such requests must be submitted by
Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received
by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof, certifying that
the proposed substitute shall adequately perform the functions and achieve the results called for
by the general design, be similar and of equal substance to that specified and be suited to the
same use as that specified. The application shall state that the evaluation and acceptance of
the proposed substitute will not prejudice Contractor's achievement of substantial completion on
time, whether or not acceptance of the substitute for use in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract with Owner for
the Project) to adapt the design to the proposed substitute and whether or not incorporation or
use by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in the
application and available maintenance, repair and replacement service shall be indicated. The
application also shall contain an itemized estimate of all costs that will result directly or indirectly
from acceptance of such substitute, including costs for redesign and claims of other contractors
affected by the resulting change, all of which shall be considered by the Project Manager in
evaluating the proposed substitute. The Project Manager may require Contractor to furnish at
Contractor's expense additional data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction acceptable to the
Project Manager, if Contractor submits sufficient information to allow the Project Manager to
determine that the substitute proposed is equivalent to that indicated or required by the Contract
Documents. The procedures for submission to and review by the Project Manager shall be the
same as those provided herein for substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each
proposed substitute and, if need be, to consult with the Design Professional. No substitute will
be ordered, installed or utilized without the Project Manager's prior written acceptance which
shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved
Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute. The Project Manager will
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record time required by the Project Manager and the Project Manager's consultants in
evaluating substitutions proposed by Contractor and making changes in the Contract
Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute,
Contractor shall reimburse Owner for the charges of the Design Professional and the Design
Professional's consultants for evaluating each proposed substitute.
8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project
Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a
format approved by the Project Manager. The daily log shall document all activities of
Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during work
hours, the amount of precipitation received on the Project site, and any other weather conditions
which adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel;
8.1.4 The number of Contractor's and Sub-Contractor's personnel present and
working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use and
designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or the
time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the
Contract Documents, including, but not limited to, all drawings, specifications, addenda,
amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written
interpretations and clarifications issued by the Design Professional, in good order and annotated
to show all changes made during construction. The annotated drawings shall be continuously
updated by the Contractor throughout the prosecution of the Work to accurately reflect all field
changes that are made to adapt the Work to field conditions, changes resulting from Change
Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of
piping, conduit and utility services. All buried and concealed items, both inside and outside the
Project site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The
annotated drawings shall be clean and all changes, corrections and dimensions shall be given
in a neat and legible manner in a contrasting color. The "As-Built" record documents, together
with all approved samples and a counterpart of all approved shop drawings shall be available to
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the Project Manager or Design Professional for reference. Upon completion of the Work and as
a condition precedent to Contractor's entitlement to final payment, these "As-Built" record
documents, samples and shop drawings shall be delivered to Project Manager by Contractor for
Owner.
8.3 Contractor shall keep all records and supporting documentation, which concern or relate
to the Work hereunder for a minimum of five (5) years from the date of termination of this
Agreement or the date the Project is completed or such longer period as may be required by
law, whichever is later, pursuant to Florida Public Records Law Chapter 119, including
specifically those contractual requirements in F.S. § 119.0701(2(a)—(d) and (3) as follows:
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the contractor to comply with public
records laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of the contract
and 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 public
agency in a format that is compatible with the information technology systems of the public
agency.
(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work
being done on the Project by its subcontractors and material-men, as well as coordinating its
Work with all work of others at the Project Site, so that its Work or the work of others shall not
be delayed or impaired by any act or omission by Contractor. Contractor shall be solely
responsible for all construction means, methods, techniques, sequences, and procedures, as
well as coordination of all portions of the Work under the Contract Documents, and the
coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the
Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its
fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of
government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall
notify the Owner in writing within forty-eight (48) hours after the commencement of such delay,
stating the cause or causes thereof, or be deemed to have waived any right which Contractor
may have had to request a time extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any
right to damages or additional compensation from Owner. Contractor expressly acknowledges
and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against
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Owner will be the right to seek an extension to the Contract Time; provided, however, the
granting of any such time extension shall not be a condition precedent to the aforementioned
"No Damage For Delay" provision. This paragraph shall expressly apply to claims for early
completion, as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue performing
Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver
of any right or claim Owner may have against Contractor for delay damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to increase or
decrease the Work. Promptly after being notified of a change, Contractor shall submit an
itemized estimate of any cost or time increases or savings it foresees as a result of the change.
Except in an emergency endangering life or property, or as expressly set forth herein, no
addition or changes to the Work shall be made except upon written order of Owner, and Owner
shall not be liable to the Contractor for any increased compensation without such written order.
No officer, employee or agent of Owner is authorized to direct any extra or changed work orally.
Any alleged changes must be approved by Owner in writing prior to starting such items. Owner
will not be responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be deemed:
(i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that
such items are in fact not a change but rather are part of the Work required of Contractor
hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued
and executed promptly after an agreement is reached between Contractor and Owner
concerning the requested changes. Contractor shall promptly perform changes authorized by
duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in
the Change Order in the manner as Owner and Contractor shall mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested
change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a
written Work Directive Change. In that event, the Contract Amount and Contract Time shall be
adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment
determination, Contractor must make a claim pursuant to Section 11 of these General
Conditions or else be deemed to have waived any claim on this matter it might otherwise have
had.
10.4 In the event a requested change results in an increase to the Contract Amount, the
amount of the increase shall be limited to the Contractor's reasonable direct labor and material
costs and reasonable actual equipment costs as a result of the change (including allowance for
labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In
the event such change Work is performed by a Subcontractor, a maximum ten percent (10%)
markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor
and material costs and actual equipment costs shall be permitted, with a maximum five percent
(5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum
markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or
sub-subcontractor for field and home office overhead is included in the markups noted above.
Contractor's and Sub-Contractor's bond costs associated with any change order shall be
included in the overhead and profit expenses and shall not be paid as a separate line item. No
markup shall be placed on sales tax, shipping or subcontractor markup.
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10.5 Owner shall have the right to conduct an audit of Contractor's books and records to
verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with
any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time and not
inconsistent with the intent of the Contract Documents. Such changes may be effected by Field
Order or by other written order. Such changes shall be binding on the Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County purchasing
ordinance and policies and Administrative Procedures in effect at the time such modifications
are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of time or
other relief with respect to the terms of the Contract Documents. The term "Claim" also includes
other disputes and matters in question between Owner and Contractor arising out of or relating
to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party
making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-
eight (48) hours from when the Contractor knew or should have known of the event giving rise
to such Claim or else the Contractor shall be deemed to have waived the Claim. Written
supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after
the occurrence of the event, unless the Owner grants additional time in writing, or else the
Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance
with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the Owner,
regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise
agreed to by the Owner in writing. Owner shall continue to make payments in accordance with
the Contract Documents during the pendency of any Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own forces,
have other work performed by utility owners or let other direct contracts. If the fact that such
other work is to be performed is not noted in the Contract Documents, written notice thereof will
be given to Contractor prior to starting any such other work. If Contractor believes that such
performance will involve additional expense to Contractor or require additional time, Contractor
shall send written notice of that fact to Owner and Design Professional within forty-eight (48)
hours of being notified of the other work. If the Contractor fails to send the above required forty-
eight(48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may
have had to seek an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to such a
direct contract (or Owner, if Owner is performing the additional work with Owner's employees)
proper and safe access to the site and a reasonable opportunity for the introduction and storage
of materials and equipment and the execution of such work and shall properly connect and
coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work
that may be required to make its several parts come together properly and integrate with such
other work. Contractor shall not endanger any work of others by cutting, excavating or
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otherwise altering their work and will only cut or alter their work with the written consent of the
Project Manager and the others whose work will be affected. The duties and responsibilities of
Contractor under this paragraph are for the benefit of such utility owners and other Contractors
to the extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the work of
any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to
Project Manager in writing any delays, defects or deficiencies in such work that render it
unavailable or unsuitable for such proper execution and results. Contractor's failure to report
will constitute an acceptance of the other work as fit and proper for integration with Contractor's
Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold
harmless Owner and its officers and employees from any and all liabilities, claims, damages,
penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited
to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach
of this Agreement by Contractor or from personal injury, property damage, direct or
consequential damages, or economic loss, to the extent caused by the negligence,
recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized
by the Contractor in the performance of this Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
Owner and any indemnified party. The duty to defend arises immediately upon presentation of
a claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 13 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement.
Further, the Contractor shall at all times comply with all of the terms, conditions, requirements
and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws,
codes, statutes, ordinances, rules, regulations and requirements applicable to the Project,
including but not limited to those dealing with taxation, worker's compensation, equal
employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith,
it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code,
statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this
Agreement to be enforceable, such terms shall be deemed included in this Agreement.
Notwithstanding anything in the Contract Documents to the contrary, it is understood and
agreed that in the event of a change in any applicable laws, ordinances, rules or regulations
subsequent to the date this Agreement was executed that increases the Contractor's time or
cost of performance of the Work, Contractor is entitled to a Change Order for such increases,
except to the extent Contractor knew or should have known of such changes prior to the date of
this Agreement.
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14.2 By executing and entering into this agreement, the Contractor is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be amended. Failure by the Contractor to comply with
the laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws of the
United States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet-based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will
be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP)
including professional services and construction services. Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable
evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal.
Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile
page or a copy of the fully executed E-Verify Memorandum of Understanding for the company.
Vendors are also required to provide the Collier County Purchasing Department an executed
affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the
solicitation documents. If the Bidder/Vendor does not comply with providing both the
acceptable E-Verify evidence and the executed affidavit the bidder's / vendor's proposal
may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above. For additional
information regarding the Employment Eligibility Verification System (E-Verify) program visit the
following website: http://www.dhs.00v/E-Verifv. It shall be the vendor's responsibility to
familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act
of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)
to comply with the laws referenced herein or the provisions of this affidavit shall constitute a
breach of the award agreement and the County shall have the discretion to unilaterally
terminate said agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all
debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not
indicated in the Contract Documents to be removed or altered, shall be protected by Contractor
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from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such
improvements so damaged shall be restored by Contractor to the condition equal to that existing
at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent
in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part
herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this
Agreement or any part thereof, it shall require that its assignee be bound to it and to assume
toward Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work
through an internal budget transfer(s). Contractor is not responsible for paying for permits
issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may
require the Contractor to deliver internal budget transfer documents to applicable Collier County
agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any
permits obtained by Subcontractors.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not
issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such default
shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further
set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents
within the time specified herein; or (2) fails to properly and timely perform the Work as directed
by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs
the Work unsuitably or neglects or refuses to remove materials or to correct or replace such
Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of
the Work; or (5) fails to resume Work which has been suspended within a reasonable time after
being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of
bankruptcy; or(7) allows any final judgment to stand against it unsatisfied for more than ten (10)
days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable
codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially
breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines
that Contractor has not remedied and cured the default(s) within seven (7) calendar days
following receipt by Contractor of said written notice or such longer period of time as may be
consented to by Owner in writing and in its sole discretion, then Owner, at its option, without
releasing or waiving its rights and remedies against the Contractor's sureties and without
prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate
Contractor's right to proceed under the Agreement, in whole or in part, and take possession of
all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor,
take assignments of any of Contractor's subcontracts and purchase orders, and complete all or
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any portion of Contractor's Work by whatever means, method or agency which Owner, in its
sole discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall
not be entitled to receive any further payments hereunder until after the Project is completed.
All moneys expended and all of the costs, losses, damages and extra expenses, including all
management, administrative and other overhead and other direct and indirect expenses
(including Design Professional and attorneys' fees) or damages incurred by Owner incident to
such completion, shall be deducted from the Contract Amount, and if such expenditures exceed
the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on
demand the full amount of such excess, including costs of collection, attorneys' fees (including
appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid
balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by
the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to
be paid to the Contractor or Owner, as the case may be, shall be approved by the Project
Manager, upon application, and this obligation for payment shall survive termination of the
Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of any
and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed
by Owner in good faith under the belief that such payments or assumptions were necessary or
required, in completing the Work and providing labor, materials, equipment, supplies, and other
items therefore or re-letting the Work, and in settlement, discharge or compromise of any
claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable,
or that Owner is not entitled to the remedies against Contractor provided herein, then the
termination will be deemed a termination for convenience and Contractor's remedies against
Owner shall be the same as and limited to those afforded Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty
(30) days after such payment is due or Owner otherwise persistently fails to fulfill some material
obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure
such default within fourteen (14) days of receiving written notice of same from Contractor, then
Contractor may stop its performance under this Agreement until such default is cured, after
giving Owner a second fourteen (14) days written notice of Contractor's intention to stop
performance under the Agreement. If the Work is so stopped for a period of one hundred and
twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or
their agents or employees or any other persons performing portions of the Work under contract
with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by
giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does
not cure its default within fourteen (14) days after receipt of Contractor's written notice,
Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the
Agreement and recover from the Owner payment for Work performed through the termination
date, but in no event shall Contractor be entitled to payment for Work not performed or any
other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount
earned through the date of termination, together with any retainage withheld and reasonable
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termination expenses incurred, but Contractor shall not be entitled to any other or further
recovery against Owner, including, but not limited to, damages or any anticipated profit on
portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or
any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to
seek an extension of time to its schedule in accordance with the procedures set forth in the
Contract Documents. In no event shall the Contractor be entitled to any additional
compensation or damages. Provided, however, if the ordered suspension exceeds six (6)
months, the Contractor shall have the right to terminate the Agreement with respect to that
portion of the Work which is subject to the ordered suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready
for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or
such designated portion) is substantially complete. Within a reasonable time thereafter, Owner,
Contractor and Design Professional shall make an inspection of the Work(or designated portion
thereof) to determine the status of completion. If Owner, after conferring with the Design
Professional, does not consider the Work (or designated portion) substantially complete, Project
Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after
conferring with the Design Professional, considers the Work (or designated portion)
substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of
Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or
designated portion thereof) and include a tentative punch-list of items to be completed or
corrected by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of Substantial
Completion, but Owner shall allow Contractor reasonable access to complete or correct items
on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return
of any surplus assets, including materials, supplies, and equipment.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and acceptance,
Project Manager and Design Professional will make such inspection and, if they find the Work
acceptable and fully performed under the Contract Documents shall promptly approve a
payment, recommending that, on the basis of their observations and inspections, and the
Contractor's certification that the Work has been completed in accordance with the terms and
conditions of the Contract Documents, that the entire balance found to be due Contractor is due
and payable. Neither the final payment nor the retainage shall become due and payable until
Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of the
Contract Documents, to the extent and form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final payment
nor the retainage shall become due and payable.
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21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor
or any subcontractors by any subcontractor or materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents. Contractor further warrants to Owner that all materials and
equipment furnished under the Contract Documents shall be applied, installed, connected,
erected, used, cleaned and conditioned in accordance with the instructions of the applicable
manufacturers, fabricators, suppliers or processors except as otherwise provided for in the
Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall correct it
promptly after receipt of written notice from Owner. Contractor shall also be responsible for and
pay for replacement or repair of adjacent materials or Work which may be damaged as a result
of such replacement or repair. Further, in the event of an emergency, Owner may commence to
correct any defective Work, without prior notice to Contractor, at Contractor's expense. These
warranties are in addition to those implied warranties to which Owner is entitled as a matter of
law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another
representative of the Owner, shall conduct an inspection of the warranted work to verify
compliance with the requirements of the Agreement. The Contractor's Representative shall be
present at the time of inspection and shall take remedial actions to correct any deficiencies
noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be
grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner,
in addition to any other rights and remedies available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and employees,
and governmental agencies with jurisdiction over the Project shall have access at all times to
the Work, whether the Work is being performed on or off of the Project site, for their
observation, inspection and testing. Contractor shall provide proper, safe conditions for such
access. Contractor shall provide Project Manager with timely notice of readiness of the Work
for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any
public authority having jurisdiction over the Project requires any portion of the Work to be
specifically inspected, tested or approved, Contractor shall assume full responsibility therefore,
pay all costs in connection therewith and furnish Project Manager the required certificates of
inspection, testing or approval. All inspections, tests or approvals shall be performed in a
manner and by organizations acceptable to the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and
costs; to the extent such re-inspections are due to the fault or neglect of Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project Manager, be
uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor
has given Project Manager timely notice of Contractor's intention to cover the same and Project
Manager has not acted with reasonable promptness to respond to such notice. If any Work is
covered contrary to written directions from Project Manager, such Work must, if requested by
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Project Manager, be uncovered for Project Manager's observation and be replaced at
Contractor's sole expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection with any
overtime work. Such overtime work consisting of any work during the construction period
beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or
holidays.
22.6 Neither observations nor other actions by the Project Manager or Design Professional
nor inspections, tests or approvals by others shall relieve Contractor from Contractor's
obligations to perform the Work in accordance with the Contract Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any warranties
made or assigned by Contractor to Owner shall be deemed defective Work. If required by
Project Manager, Contractor shall as directed, either correct all defective Work, whether or not
fabricated, installed or completed, or if the defective Work has been rejected by Project
Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear
all direct, indirect and consequential costs of such correction or removal (including, but not
limited to fees and charges of engineers, architects, attorneys and other professionals) made
necessary thereby, and shall hold Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall
uncover, expose or otherwise make available for observation, inspection or tests as Project
Manager may require, that portion of the Work in question, furnishing all necessary labor,
material and equipment. If it is found that such Work is defective, Contractor shall bear all
direct, indirect and consequential costs of such uncovering, exposure, observation, inspection
and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of
engineers, architects, attorneys and other professionals), and Owner shall be entitled to an
appropriate decrease in the Contract Amount. If, however, such Work is not found to be
defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension
to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection,
testing and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled
workers, suitable materials or equipment or fails to finish or perform the Work in such a way that
the completed Work will conform to the Contract Documents, Project Manager may order
Contractor to stop the Work, or any portion thereof, until the cause for such order has been
eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for
Owner's benefit and nothing herein shall be construed as obligating the Project Manager to
exercise this right for the benefit of Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to
accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and
consequential costs attributable to the Owner's evaluation of and determination to accept
defective Work. If such determination is rendered prior to final payment, a Change Order shall
be executed evidencing such acceptance of such defective Work, incorporating the necessary
revisions in the Contract Documents and reflecting an appropriate decrease in the Contract
Amount. If the Owner accepts such defective Work after final payment, Contractor shall
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promptly pay Owner an appropriate amount to adequately compensate Owner for its
acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager,
to correct defective Work or to remove and replace rejected defective Work as required by
Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the
Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract
Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy
any such deficiency. Provided, however, Owner shall not be required to give notice to
Contractor in the event of an emergency. To the extent necessary to complete corrective and
remedial action, Owner may exclude Contractor from any or all of the Project site, take
possession of all or any part of the Work, and suspend Contractor's services related thereto,
take possession of Contractor's tools, appliances, construction equipment and machinery at the
Project site and incorporate in the Work all materials and equipment stored at the Project site or
for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow
Owner, Design Professional and their respective representatives, agents, and employees such
access to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change Order
shall be issued, incorporating the necessary revisions to the Contract Documents, including an
appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs
shall include, but not be limited to, fees and charges of engineers, architects, attorneys and
other professionals, all court costs and all costs of repair and replacement of work of others
destroyed or damaged by correction, removal or replacement of Contractor's defective Work.
Contractor shall not be allowed an extension of the Contract Time because of any delay in
performance of the Work attributable to the exercise by Owner of Owner's rights and remedies
hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the
Work competently and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with the Contract
Documents. Contractor shall be responsible to see that the finished Work complies accurately
with the Contract Documents. Contractor shall keep on the Work at all times during its progress
a competent resident superintendent, who shall be subject to Owner's approval and not be
replaced without prior written notice to Project Manager except under extraordinary
circumstances. The superintendent shall be employed by the Contractor and be the
Contractor's representative at the Project site and shall have authority to act on behalf of
Contractor. All communications given to the superintendent shall be as binding as if given to
the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project
superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list
identifying Contractor's Project Superintendent and all of Contractor's key personnel who are
assigned to the Project; such identified personnel shall not be removed without Owner's prior
written approval, and if so removed must be immediately replaced with a person acceptable to
Owner.
24.2 Contractor shall have a competent superintendent on the project at all times whenever
contractor's work crews, or work crews of other parties authorized by the Project Manager are
engaged in any activity whatsoever associated with the Project. Should the Contractor fail to
comply with the above condition, the Project Manager shall, at his discretion, deduct from the
Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of
adequate project supervision, not as a penalty, but as liquidated damages, separate from the
liquidated damages described in Section 5.B, for services not rendered.
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25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of
any such loss or damage until final payment has been made. If Contractor or any one for whom
Contractor is legally liable for is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with the
same, and any moneys necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone
for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks,
Contractor shall immediately notify Project Manager and Design Professional. The Owner or
Design Professional shall re-establish the benchmarks and Contractor shall be liable for all
costs incurred by Owner associated therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the Work or
property at the Project site or adjacent thereto, Contractor, without special instruction or
authorization from Owner or Design Professional is obligated to act to prevent threatened
damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight
(48) hours after Contractor knew or should have known of the occurrence of the emergency, if
Contractor believes that any significant changes in the Work or variations from the Contract
Documents have been caused thereby. If the Project Manager determines that a change in the
Contract Documents is required because of the action taken in response to an emergency, a
Change Order shall be issued to document the consequences of the changes or variations. If
Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas identified in and
permitted by the Contract Documents and other lands and areas permitted by law, rights of way,
permits and easements, and shall not unreasonably encumber the Project site with construction
equipment or other material or equipment. Contractor shall assume full responsibility for any
damage to any such land or area, or to the owner or occupant thereof, or any land or areas
contiguous thereto, resulting from the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
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28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs,
walks, pavements, roadways, structures, utilities and any underground structures or
improvements not designated for removal, relocation or replacement in the Contract
Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or to
protect them from damage, injury or loss. Contractor shall erect and maintain all necessary
safeguards for such safety and protection. Contractor shall notify owners of adjacent property
and of underground structures and improvements and utility owners when prosecution of the
Work may affect them, and shall cooperate with them in the protection, removal, relocation or
replacement of their property. Contractor's duties and responsibilities for the safety and
protection of the Work shall continue until such time as the Work is completed and final
acceptance of same by Owner has occurred.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer. All
electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time basis at
the Project site whose duty shall be the prevention of accidents. This person shall be
Contractor's superintendent unless otherwise designated in writing by Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property.
All employees of Contractor, as well as those of all subcontractors and those of any other
person or entity for whom Contractor is legally liable (collectively referred to herein as
"Employees"), shall not possess or be under the influence of any such substances while on any
Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or
other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site which is
located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply
with the following:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by Contractor.
Such identification badge must be prominently displayed on the outside of the Employees'
clothing at all times. All Employees working at the Project site must log in and out with the
Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work areas
and shall not permit any Employees to enter any other portions of Owner's property without
Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
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28.5.5 All Employees shall at all times comply with the OSHA regulations with
respect to dress and conduct at the Project site. Further, all Employees shall comply with the
dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations
may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through the
ingress and egress points identified in the site utilization plan approved by Owner or as
otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing Owner
investigation involving personal injury, economic loss or damage to Owner's facilities or
personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not permitted
on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction conference
with the Project Manager, Design Professional and others as appropriate to discuss the
Progress Schedule, procedures for handling shop drawings and other submittals, and for
processing Applications for Payment, and to establish a working understanding among the
parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and
all meetings convened by the Project Manager with respect to the Project, when directed to do
so by Project Manager or Design Professional. The Contractor shall have its subcontractors and
suppliers attend all such meetings (including the pre-construction conference) as may be
directed by the Project Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall
provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On
Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as
prescribed in the Florida Department of Transportations Design Standards (DS), where
applicable on state roadways. These projects shall also comply with Collier County's
Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available
through Risk Management and/or Purchasing Departments, and is available on-line at
colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become
familiar with their requirements. Strict adherence to the requirements of the Maintenance of
Traffic ("MOT") policy will be enforced under this Contract.
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All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work. No markup
shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to
Owner, Contractor shall comply with and fully implement the sales tax savings program with
respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales
tax and may wish to generate sales tax savings for the Project, Owner reserves the right to
make direct purchases of various construction materials and equipment included in the Work
("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by
Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two
weeks for execution of all such purchase orders by Owner. Contractor represents and warrants
that it will use its best efforts to cooperate with Owner in implementing this sales tax savings
program in order to maximize cost savings for the Project. Adjustments to the Contract Amount
will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase,
plus the saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed
upon between Owner and Contractor. With respect to all Direct Purchases by Owner,
Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery,
storing, handling, installing, warranting and quality control for all Direct Purchases.
Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees
that all Direct Purchases shall be included within and covered by Contractor's warranty to
Owner to the same extent as all other warranties provided by Contractor pursuant to the terms
of the Contract Documents. In the event Owner makes a demand against Contractor with
respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer
or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to
Contractor any and all warranties and Contract rights Owner may have from any manufacturer
or supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax
under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide the
sequence of construction activities. Contractor will determine the breakdown and composition
of bid packages for award of subcontracts, based on the current Project Milestone Schedule,
and shall supply a copy of that breakdown and composition to Owner and Design Professional
for their review and approval prior to submitting its first Application for Payment. Contractor
shall take into consideration such factors as natural and practical lines of severability,
sequencing effectiveness, access and availability constraints, total time for completion,
construction market conditions, availability of labor and materials, community relations and any
other factors pertinent to saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or
providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be
solely responsible for and have control over the Subcontractors. Contractor shall negotiate all
Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all
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affected Subcontractors and shall review the costs of those proposals and advise Owner and
Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to
requesting approval of any Change Order from Owner. All Subcontractors performing any
portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance
2013-69, meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements with respect to its portion of the Work and has the integrity and
reliability to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by
Owner, Contractor also shall identify any other Subcontractors, including their addresses,
licensing information and phone numbers, it intends to utilize for the Project prior to entering
into any subcontract or purchase order and prior to the Subcontractor commencing any work on
the Project. The list identifying each Subcontractor cannot be modified, changed, or amended
without prior written approval from Owner. Any and all Subcontractor work to be self-performed
by Contractor must be approved in writing by Owner in its sole discretion prior to
commencement of such work. Contractor shall continuously update that Subcontractor list, so
that it remains current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract
with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for
every Subcontractor and sub-subcontractor performing any portion of the Work, as well as
maintain a log of all such licenses. All subcontracts and purchase orders between Contractor
and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless
expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require
each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner
by the terms of the Contract Documents, as those terms may apply to the portion of the Work to
be performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or
purchase order, (4) provide that Owner, Collier County Government, will be an additional
insured on all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties directly to
Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or
purchase order. Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract, copies of the Contract Documents to which the Subcontractor will
be bound. Each Subcontractor shall similarly make copies of such documents available to its
sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-
site) supervision through a named superintendent for each trade (e.g., general concrete forming
and placement, masonry, mechanical, plumbing, electrical and roofing) included in its
subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified
employee for scheduling direction for its portion of the Work. The supervisory employees of the
Subcontractor (including field superintendent, foreman and schedulers at all levels) must have
been employed in a supervisory (leadership) capacity of substantially equivalent level on a
similar project for at least two years within the last five years. The Subcontractor shall include a
resume of experience for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase
orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of
the subcontract or purchase order caused by events beyond its control, including delays
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claimed to be caused by Owner or Design Professional or attributable to Owner or Design
Professional and including claims based on breach of contract or negligence, shall be an
extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such changes plus
no more than 10%for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies
for delays and changes in the Work and thus eliminate any other remedies for claim for increase
in the contract price, damages, losses or additional compensation. Further, Contractor shall
require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-
subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the time and in
the manner in which Contractor must submit such claims to Owner, and that failure to comply
with such conditions for giving notice and submitting claims shall result in the waiver of such
claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of, on a
current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1 Subcontracts and Purchase Orders
34.1.2 Subcontractor Licenses
34.1.3 Shop Drawing Submittal/Approval Logs
34.1.4 Equipment Purchase/Delivery Logs
34.1.5 Contract Drawings and Specifications with Addenda
34.1.6 Warranties and Guarantees
34.1.7 Cost Accounting Records
34.1.8 Labor Costs
34.1.9 Material Costs
34.1.10 Equipment Costs
34.1.11 Cost Proposal Request
34.1.12 Payment Request Records
34.1.13 Meeting Minutes
34.1.14 Cost-Estimates
34.1.15 Bulletin Quotations
34.1.16 Lab Test Reports
34.1.17 Insurance Certificates and Bonds
34.1.18 Contract Changes
34.1.19 Permits
34.1.20 Material Purchase Delivery Logs
34.1.21 Technical Standards
34.1.22 Design Handbooks
34.1.23 "As-Built" Marked Prints
34.1.24 Operating & Maintenance Instruction
34.1.25 Daily Progress Reports
34.1.26 Monthly Progress Reports
34.1.27 Correspondence Files
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34.1.28 Transmittal Records
34.1.29 Inspection Reports
34.1.30 Punch Lists
34.1.31 PMIS Schedule and Updates
34.1.32 Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design Professional or
their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per
contract term. Presentations shall be made in a properly advertised Public Meeting on a
schedule to be determined by the County Manager or his designee. Prior to the scheduled
presentation date, the Contractor shall meet with appropriate County staff to discuss the
presentation requirements and format. Presentations may include, but not be limited to, the
following information: Original contract amount, project schedule, project completion date and
any changes to the aforementioned since Notice to Proceed was issued.
35. SECURITY
If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department for all employees
that shall provide services to the County under this Agreement. This may include, but not be
limited to, checking federal, state and local law enforcement records, including a state and FBI
fingerprint check, credit reports, education, residence and employment verifications and other
related records. Contractor shall be required to maintain records on each employee and make
them available to the County for at least four(4)years.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
37. VALUE ENGINEERING
All projects with an estimated cost of$10 million or more shall be reviewed for consideration of
a Value Engineering (VE) study conducted during project development. A "project" shall be
defined as the collective contracts, which may include but not be limited to: design, construction,
and construction, engineering and inspection (CEI) services. Additionally, any project with an
estimated construction value of $2 million or more may be reviewed for VE at the discretion of
the County.
38. ABOVEGROUND/UNDERGROUND TANKS
38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110
& 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 &403 Florida
Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST &API referenced standards pertaining
to the storage of hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department
(SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day
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tanks for generators, storing/will be storing petroleum products or hazardous materials. The
contractor shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to
commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing
hazardous materials/petroleum products to the SHWMD prior to plans submittal to a permitting
entity and then SHWMD must approve the plans prior to contractor's submittal for permitting.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall
supply competent employees who are physically capable of performing their employment duties.
The Owner may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Owner's projects
is not in the best interest of the County.
40. DISPUTE RESOLUTION
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under Section
44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
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EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
Refer to information posted at: http://bid.colliergov.net/bid/,
and following this page
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Supplemental Conditions
The supplemental conditions contained in this section are intended to cooperate with,to supplement,and to modify the
general conditions and other specifications. In cases of disagreement with any other section of this contract,the
Supplemental Conditions shall govern.
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed
subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the
subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii)the subcontractor is bound by
all applicable state and federal laws and regulations,and(iii)the subcontractor shall hold the Department and
Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work
under this Agreement, to the extent allowed and required by law.The recipient shall document in each invoice
submittal the subcontractor's progress in performing its work under this agreement. For each subcontract,the
Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as
defined in Section 288.703,Fla. Stat.
Check Box(If Applicable)
® 1. Termination(Cause and Convenience)
2. Access to Records
3. Retention of Records
4. Remedies
5. Environmental Compliance(Clean Air Act and Clean Water Act)
6. Energy Efficiency
7. Equal Opportunity Provisions
8. Section 3
9. Conflict of Interest
10. Utilization of Minority and Women's Businesses
11. Federal Labor Standards Provisions (Davis Bacon, Copeland, and Contract Work Hours Act)
12. Guidance to Contractor for Compliance With Labor Standard Provisions
13. Lobbying Prohibition
14. Debarment
15. Historic Preservation
16. Record Keeping and Documentation
17. Grantee Recognition(Advertisement)
18. Copyright and Patent Rights
19. Religious Organizations
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1. TERMINIATION FOR CAUSE AND/OR CONVENIENCE
A. This contract may be terminated in whole or in part in writing by either party in the event of substantial
failure by the other party to fulfill its obligations under this contract through no fault of the terminating party,
provided that no termination may be effected unless the other party is given:
(1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of
intent to terminate; and
(2)an opportunity for consultation with the terminating party prior to termination.
B. This contract may be terminated in whole or in part in writing by the local government for its convenience,
provided that the other party is afforded the same notice and consultation opportunity specified in 1(a)above.
C. If termination for default is effected by the local government, an equitable adjustment in the price for this
contract shall be made,but
(1) no amount shall be allowed for anticipated profit on unperformed services or other work,and
(2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs
to the local government because of the contractor's default.
If termination for convenience is effected by the local government, the equitable adjustment shall include a
reasonable profit for services or other work performed for which profit has not already been included in an
invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services
rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination
settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers,
subcontractors)which had become firm prior to receipt of the notice of intent to terminate.
D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1)
promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make
available to the local government all data, drawings, reports specifications, summaries and other such
information, as may have been accumulated by the contractor in performing this contract,whether completed or in
process.The work and may award another party a contract to complete the work described in this contract.
E. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the
contractor had not failed to fulfill contractual obligations,the termination shall be deemed to have been for the
convenience of the local government. In such event, adjustment of the contract price shall be made as provided
in paragraph(c)above.
2. ACCESS TO RECORDS
The local government, the Florida Department of Economic Opportunity, the U.S. Department of Housing and
Urban Development, the Comptroller General of the United States, and any of their duly authorized
representatives, shall have access to any books, documents, papers, and records of the contractor which are
directly pertinent to this contract for the purpose of making audit, examination,excerpts,and transcriptions.
3. RETENTION OF RECORDS
The contractor shall retain all records relating to this contract for six years after the local government makes
final payment and all other pending matters are closed.
4. REMEDIES
Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in
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question between the local government and the contractor, arising out of or relating to this contract, or the
breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent
jurisdiction.
5. ENVIRONMENTAL COMPLIANCE
lfthis contract exceeds $100,000,the contractor shall comply with all applicable standards,orders, or
requirements issued under section 306 of the Clean Air Act(42 U.S.C. 1857(h),section 508 of the Clean Water Act
(33 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations(40 C.F.R. Part
15). The contractor shall include this clause in any subcontracts over$100,000.
6.ENERGY EFFICIENCY
The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act(Public Law 94-163).
7. EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order 11246,as Amended
(Applicable to Federally assisted construction contracts and related subcontracts$10,000 and under.)
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants
for employment are employed, and that employees are treated during employment, without regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
(2) The Contractor shall post in conspicuous places, available to employees and applicants for employment,
notices to be provided by Contracting Officer seeking forth the provisions of this nondiscrimination clause.
The Contractor shall state that all qualified applicants be considered without regard to race, color, religion,
sex or national origin.
(3) Contractors shall incorporate foregoing requirements in all subcontracts.
B. Executive Order 11246 (contracts/subcontracts above$10,000)
(1) Section 202 Equal Opportunity Clause
During the performance of this contract,the contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination,
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in a conspicuous place, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
(b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified to race, color, religion,sex, or national origin.
(c) The Contractor will send to each labor union or representative of workers with which he has a
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collective bargaining agreement or other contract or understanding a notice to be provided by the Contract
Compliance Officer advising the said labor union or worker's representatives of the Contractor's
commitment under this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the Rules, Regulations,and Relevant Orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules,regulations, and other.
(f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, this contract may be canceled, be declared ineligible for further
Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor,or as otherwise provided by law.
(g) The Contractor will include the Provisions of the sentence immediately preceding Paragraph (a) and the
provisions of Paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as the Department may
direct as a means of enforcing such provisions, including sections of noncompliance. Provided, however, that
in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the Department, the Contractor may request the United States
to enter into such States.
(2) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity
(Executive Order 11246). (Applicable to contracts/subcontracts exceeding$10,000.)
(a) The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal
Equal Employment Opportunity Construction Contract Specifications" set forth herein.
(b) The goals and timetables for minority and female participation, expressed in percentage terms for the
Contractor's aggregate workforce in each trade on all construction work in the covered area,are as follows:
Female participation:6.9%(statewide)
Minority participation(See Appendix Minority Participation Goals for goals for each county)
These goals are applicable to all Contractor's construction work (whether or not it is federally- assisted)
performed in the covered area. If the Contractor performs construction work in a geographic area located
outside of the covered area, it shall apply the goals established for such geographic area where the work is
actually performed. With regard to this second area, the Contractor also is subject to the goals for both its
Federally involved and non-Federally involved construction.
The Contractor's compliance with Executive Order and the regulations in 41 CFR Part 60-4 shall be
based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required
by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals established or the
geographic area where the contract resulting from his solicitation is to be performed. The hours of minority
and female employment or training must be substantially uniform throughout the length of the contract and
in each trade the Contractor shall make a good faith effort to employ minorities and women evenly
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on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor
or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the
contract, the Executive Order, and the regulations in 41 CFR measured against the total work hours
performed.
(c) The Contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs within 10 working days of award of any construction subcontract in excess of
$10,000 at any tier for construction work under the contract resulting from this solicitation. The notification
shall list the name, address, and telephone number of the subcontractor; employer identification number;
estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and
the geographical area in which the contract is to be performed.
(d)As used in this Notice,and in the contract resulting from the solicitation, the "covered area"is the county
in which the contract work is being undertaken.
(3) Standard Federal Equal Employment Opportunity Construction Contract Specifications
(Executive Order 11246).
(a)As used in these specifications:
1. "Covered area" means the geographical area described in the solicitation from which this contract
resulted;
2. "Director" means Director,Office of Federal Contract Compliance Programs,United States Department of
Labor, or any person to whom the Director delegates authority;
3. "Employer identification number" means the Federal Social Security number used on the Employer's
quarterly Federal Tax Return,U.S.Treasury Department Form 941.
4. "Minority"includes:
(I) Black (all persons having origins in any of the Black African racial groups);
(II) Asian and Pacific Islander(all persons having origins in any o f the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Island);and
(Ill) American Indian or Alaskan Native (all persons having origins in any of the original peoples of
North America and maintaining identifiable tribal affiliations through membership and participation or
community identification).
(4) Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any
construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these
specifications and the Notice which contains the applicable goals for minority and female participation and
which is set forth in the solicitations from which this contract resulted.
(5) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S.
Department of Labor in the covered area either individually or through an association, its affirmative action
o b l i g a t i o n s on all work i n the Plan area (including goals and timetables) shall be in accordance
with that Plan for those trades which have unions participating in the Plan. Contractors must be able to
demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each
Contractor or Subcontractor participating in an approved Plan is individually required to comply with its
obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each
trade in which it has employees. The overall good faith performance by other Contractors toward a goal in an
approved Pian does not execute any covered Contractor's or Subcontractor's failure to take good faith efforts to
achieve the Plan goals and timetables.
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(6) The Contractor shall implement the specific affirmative action standards provided in paragraphs (9) (a)
through (p). of these specifications. The goals set forth in the solicitation from which this contract
resulted are expressed as percentages of the total hours of employment and training of minority and female
utilization the Contractor should reasonably be able to achieve in each construction trade in which it has
employees in the covered area. Covered construction contractors performing contracts in geographical areas
where they do not have a Federal or Federally-assisted construction contract shall apply the minority and female
goals established for the geographic area where the contract is being performed. Goals are published periodically
in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract
Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to
make substantially uniform progress in meeting its goals in each craft during the period specified.
(7) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the
Contractor's obligations under these specifications, Executive Order 11246, or the regulations
promulgated pursuant thereto.
(8) In order for the nonworking training hours of apprentices and trainees to be counted in meeting goals,
such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor
must have made a commitment to employ the apprentices and trainees at the completion of their training,
subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs
approved by the U. S. Department of Labor.
(9) The Contractor shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve
maximum results from its actions. The Contractor shall document these efforts fully, and shall implement
affirmative action steps at least as extensively as the following:
(a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites,
and in all facilities at which the Contractor's employees are assigned to work. The Contractor,where possible,
will assign two or more women to each construction project. The Contractor shall specifically ensure that all
foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the
Contractor's obligation to maintain such a working environment, with specific attention to minority or female
individuals working at such sites in such facilities.
(b) Establish and maintain a current list of minority and female recruitment sources, provide written
notification to minority and female recruitment sources and to community organizations when the
Contractor or its unions have employment opportunities available, and maintain a record of the organization's
responses.
(c) Maintain a current file of the names, addresses, and telephone numbers of each minority and
female off-the-street applicant and minority or female referral from a union, a recruitment source, or
community organization and of what action was taken with respect to each such individual. If such individual
was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, or if
referred, not employed by the Contractor, this shall be documented in the file with the reason therefore
along with whatever additional actions the Contractor may have taken.
(d) Provide immediate written notification to the Director when the union or unions with which the
Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or
woman sent by the Contractor, or when the Contractor has other information that the union referral process
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has impeded the Contractor's efforts to meet its obligations.
(e) Develop on-the-job training opportunities and/or participate in training programs for the areas which
expressly include minorities and women, including upgrading apprenticeship, trainee and other programs
relevant to the Contractor's employment needs, especially those programs funded or approved by the
Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under
7b above.
(f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by
including it in any policy manual and collective bargaining agreement; by publicizing it in the company
newspaper, annual report, etc.; by specific review of the policy with all management personnel and with
all minority and female employees at least once a year; and by posting the company EEO policy on
bulletin boards accessible to all employees at each location where construction work is performed.
(g) Review, at least annually, the company's EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff,termination, or other
employment decisions including specific review of these items with on-site supervisory personnel such as
Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A
written record shall be made and maintained identifying the time and place of these meetings, persons
attending,subject matter discussed,and disposition of the subject matter.
(h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media,
specifically including minority and female news media, and providing written notification to and discussing
the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor
does or anticipates doing business.
(i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to
schools with minority and female recruitment and training organizations serving the Contractor's recruitment
area and employment needs. Not later than one month prior to the date for the acceptance of applications
for apprenticeship or other training by any recruitment source, the Contractor shall send written notification
to organizations such as the above, describing the openings, screening procedures, and tests to be used in the
selection process.
(j) Encourage present minority and female employees to recruit other minority persons and women and,
where reasonable, provide after school, summer and vacation employment to minority and female youth
both on the site and in other areas of a Contractor's work force.
(k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR 60-3.
(I) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for
promotional opportunities and encourage these employees to seek or to prepare for, through appropriate
training, etc., such opportunities.
(m) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do
not have a discriminatory effect by continually monitoring all personnel and employment related activities to
ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.
(n) Ensure that all facilities and company activities are nonsegregated except that separate or single- user
toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
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(o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female
construction contractors and suppliers, including circulation of solicitations to minority and female contractor
associations and other business associations.
(p) Conduct a review, at least annually, of all supervisors adherence to and performance under the
Contractor's EEO policies and affirmative action obligations.
(10) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of
their affirmative action obligations (9) (a) through (p). The efforts of a contractor association, joint
contractor-union, contractor-community, or other similar group of which the Contractor is a member and
participant, may be asserted as fulfilling any one or more of its obligations under (9) (a) through (p) of
these Specifications provided that the Contractor actively participates in the group, makes every effort to assure
that the group has a positive impact on the employment of minorities and women in the industry, ensures that
the concrete benefits of the program are reflected in the Contractor's minority and female workforce
participation,makes a good faith effort to meet its individual goals and timetables, and can provide access
to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The
obligation shall not be a defense for the Contractor's noncompliance.
(11) A single goal for minorities and separate single goal for women have been established. The Contractor,
however, is required to provide equal employment opportunity and to take affirmative action for all minority
groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor
may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner
(for example, even though the Contractor has achieved its goals for women generally,the Contractor may be in
violation of the Executive Order if a specific minority group of women is underutilized).
(12) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color,religion,sex,or national origin.
(13) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government
contracts pursuant to Executive Order
11246.
(14) The Contractor shall carry out sections and penalties for violation of these specifications and of the Equal
Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be
imposed or ordered pursuant to Executive Order 11246,as amended,and its implementing regulations,by the
Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions
and penalties shall be in violation of these specifications and Executive Order 11246,as amended.
(15) The Contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensively as those standards prescribed in paragraph 7 of these
specifications, so as to achieve maximum results from its effort to ensure equal employment opportunity. If
the Contractor fails to comply with the requirement of the Executive Order, the implementing regulations, or
these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8.
(16) The contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof
as may be required by the Government and to keep records. Records shall at least include for each employee,
the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification
number where assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location at
which the work was performed.Records shall be maintained in an easily understandable and retrievable form;
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however, to the degree that existing records satisfy this requirement, contractors shall not be required to
maintain separate records.
(17) Nothing herein provided shall be construed as a limitation upon the application of other laws which
establish different standards of compliance and upon the application of requirements for the hiring of local
or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
C. Certification of Non-Segregated Facilities(over$10,000)
By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that he/she does not
maintain or provide for his/her employees any segregated facility at any of his/her establishments, and that he/she
does not permit employees to perform their services at any location, under his/her control, where segregated
facilities are maintained. He/She certifies further that he/she will not maintain or provide for employees any
segregated facilities at any of his/her establishments, and he/she will not permit employees to perform their
services at any location under his/her control where segregated facilities are maintained. The bidder, offeror,
applicant or subcontractor agrees that a breach of this certification is violation of the Equal Opportunity
Clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms,
work eating areas, time clocks, locker rooms, and other storage or dressing areas, transportation and
housing facilities provided for employees which are in fact segregated on the basis of race, color, religion, or
otherwise. He/She further agrees that (except where he/she has obtained identical certifications from proposed
subcontractors prior to the award of subcontractors have submitted identical certifications for specific time
periods).
D. Civil Rights Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
E. Section 109 of the Housing and Community Development Act of 1974
No person in the United States shall on the grounds of race,color,national original,or sex be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds made available under this title.
F. Section 503 Handicapped(Contracts$2,500 or Over)
(1) The Contractor will not discriminate against any employee or applicant for employment because of physical
or mental handicap in regard to any position for which the employee or applicant for employment is qualified.
The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat
qualified handicapped individuals without discrimination based upon their physical or mental handicap in all
employment practices such as the following: employment, upgrading, demotion or transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.
(2) The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary of
Labor issued pursuant to the Act.
(3) In the event of the Contractor's noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of
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Labor issued pursuant to the Act.
(4) The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the Director, provided by or through the contracting
officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ
and advance in employment qualified handicapped employees and applicants for employment, and the rights
of applicants and employees.
(5) The Contractor will notify each labor union or representative of workers with which it has a collective
bargaining agreement or their contract understanding,that the contractor is bound by the terms of Section 503 of
the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in
employment physically and mentally handicapped individuals.
(6) The Contractor will include the provisions of this clause in every subcontract or purchase order of$2,500
or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503
of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract
Compliance Programs may direct to enforce such provisions,including action for noncompliance.
G.Age Discrimination Act of 1975
No person in the United States shall, on the basis of age be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under, any program, or activity receiving Federal Financial assistance.
8. SECTION 3—COMPLIANCE IN THE PROVIISION OF TRAINING
Employment and Business Opportunities
(1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and
Urban Development Act of 1968, as amended, 12
U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
(2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement
section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from complying with the Part 135
regulations.
(3) The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor
organization or workers' representative of the contractor's commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees and applicants for
training and employment positions can see the notice. The notice shall describe the section 3 preference,
shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s) taking applications for each
of the positions; and the anticipated date the work shall begin.
(4) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of
the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor
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has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.
(5) The contractor will certify that any vacant employment positions, including tra inin g positions, that are
filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than
those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not
filled to circumvent the contractor's obligations under 24 CFR part 135.
(6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
(7) With respect to work performed in connection with section 3 covered Indian housing assistance, section
7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the
work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i)
preference and opportunities for training and employment shall be given to Indians, and (ii)preference
in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and
section 7(b) agree to comply with section. 3 to the maximum extent feasible, but not in derogation of
compliance with section 7(b).
9. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL JURISDICTION,
MEMBERS OF THE LOCAL GOVERNING BODY,OR OTHER PUBLIC OFFICIALS
No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and
no other public official of the locality who exercises any function or responsibility with respect to this
contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor
shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict
of interest.
10. UTILIZATION OF MINORITY AND WOMEN FIRMS(M/WBE)
The contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when possible
as suppliers and/or subcontractors, as applicable. Prior to contract award, the contractor shall document efforts to
utilize M/WBE firms, including identifying what firms were solicited as suppliers and/or subcontractors,
as applicable. Information regarding certified M/WBE firms can be obtained from:
• Florida Department of Management Services,Office of Supplier Diversity,
• Florida Department of Transportation(construction services,particularly highway),
• Minority Business Development Center in most major cities,and
• Local government M/WBE programs in many large counties and cities.
A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program.
11. FEDERAL LABOR STANDARDS PROVISIONS (Davis-Bacon Act, Copeland Act, and Contract
Works Hours & Safety Standards Act)
The Project to which the construction work covered by this contract pertains is being assisted by the United States
of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the
provisions applicable to such Federal assistance.
A. (1) (a) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), will be paid unconditionally and not less often than once a week,
and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by
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regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such
laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under
Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or
costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs,
which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly
period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as provided in
29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein; provided, that the
employer's payroll records accurately set forth the time spent in each classification in which work is performed.
The wage determination (including any additional classification and wage rates conformed under 29 CFR Part
5.5(a)(l)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the
workers.
(b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage determination. HUD shall approve
an additional classification and wage rate and fringe benefits; therefore, only when the following criteria have
been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination;and
(2) The classification is utilized in the area by the construction industry;and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(ii) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or its designee agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its
designee to the Administrator of the Wage and Hour Division, employment Standards Administration, U. S.
Department of Labor, Washington, D. C. 20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise
HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is
necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)
(iii) In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their
representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the
amount designed for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including
the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that the
additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number
215-0140.)
(iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs(b)(ii) or
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(iii) of this paragraph, shall be paid to all workers performing work in the classification under this contract
from the first day on which work is performed in the classification.
(c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(d) If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of
Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act
have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under
OMB Control Number 1215-0140.)
(2) Withholding. HUD or its designee shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the contractor under this
contract or any other federal contract with the same prime contractor, or any other Federally-assisted
contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor
so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount
of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing
Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of
the wages required by the contract, HUD, or its designee may, after written notice to the contractor, sponsor,
applicant, or owners, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written
notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to
the respective employees to whom they are due. The Comptroller General shall make such disbursements in
the case of direct Davis-Bacon Act contracts.
(3) (a) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by
the contractor during the course of the work preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or
under the Housing Act of 1949, in the construction or development of the project). Such records shall contain
the name, address, and social security number of each such worker, his or her correct classification,hourly
rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalents thereof of the types described in Section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly
number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the
Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such
benefits is enforceable,that the plan or program is financially responsible,and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated
or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB
Control Numbers 1215-0140 and 1215-0017).
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(b) (i) The contractor shall submit weekly for each week in which any contract work is performed a copy
of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a
party, the contractor will submit the payrolls to the applicant, sponsor, or owners, as the case may be, for
transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under 29 CFR Part 5.5(a)(3)(I). This information may be
submitted in any form desired. Optional Form WH-347 is available for this purpose and may be
purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U. S.
Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission
of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under
OMB Control Number 1215-0149).
(ii) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained under 29
CFR Part 5.5 (a)(3)(I)and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice,and trainee)employed on the
contract during the payroll period has been paid the full weekly wages earned,without rebate,
either directly or indirectly,and that no deductions have been made either directly or indirectly
from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the contract.
(iii) The weekly submission of a properly executed certification set forth on the reverse side of Option
Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by
paragraph A(3)(b)(ii)of this section.
(iv) The falsification of any of the above certifications may subject the contractor or subcontractor to
civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United
States Code.
(c) The contractor or subcontractor shall make the records required under paragraph A(3)(a) of this
section available for inspection, copying, or transcription by authorized representatives of HUD or
its designee or the Department of Labor, and shall permit such representatives to interview employees
during working hours on the job. If the contractor or subcontractor fails to submit the required records or
to make them available, HUD or its designee may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon
request to make such records available may be grounds for debarment action pursuant to 29 CFR Part
5.12.
(4) (a)Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work
they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the U. S. Department of Labor,Employment and Training Administration, Bureau of
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Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a
person is employed in his or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who has been certified by
the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not
be greater than the ratio permitted to the contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for
the classification of work actually performed. In addition, any apprentice performing work on the job
site in excess of the ratio permitted under the registered program, shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the
ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the
contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not
less than the rate specified in the registered program for the apprentice's level of progress, expressed as a
percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices
shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classification. If the Administrator determines
that a different practice prevails for the applicable apprentice classification, fringes shall be paid in
accordance with the determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered
in a program which has received prior approval, evidenced by formal certification by the U. S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the
job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program for
the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions
of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage
and Hour Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a
training plan approved by the Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually performed. In the event
the Employment and Training Administration withdraws approval of a training program the contract will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this
part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,
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as amended,and 29 CFR Part 30.
(5) Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29
CFR Part 3 which are incorporated by reference in this contract.
(6) Subcontracts.The contractor or subcontractor will insert in any subcontracts the clauses contained in 29
CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contract shall be responsible for the compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR Part 5.5.
(7) Contract Termination, Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR
5.12.
(8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR Parts 1,3 and 5 are herein incorporated by referenced in this contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within
the meaning of this clause include disputes between the contractor(or any of its subcontractors) and HUD or its
designee, the U. S. Department of Labor, or the employees or their representatives. (10) (a) Certification of
Eligibility. By entering into this contract,the contractor certifies that neither it (nor he or she) nor any person
or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government
contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD
contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C.
1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., "Federal Housing Administration
transactions", provides in part "Whoever, for the purpose of ... influencing in any way the action of
such
Administration ... makes, utters or publishes any statement, knowing the same to be false shall be
fined not more than $5,000 or imprisoned not more than two years,or both."
(11) Complaints, Proceedings, or Testimony by Employees.No laborer or mechanic to whom the wage, salary, or
other labor standards provisions of this contract are applicable shall be discharged or in any other manner
discriminated against by the contractor or any subcontractor because such employee has filed any complaint or
instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under
or relating to the labor standards applicable under this contract to his employer.
B. Contract Work Hours and Safety Standards Act. As used in the paragraph, the terms "laborers" and
"mechanics"include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times
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the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be
liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States
(in the case of work done under contract for the District of Columbia or a territory, to such District
or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in
subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in subparagraph(1)of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any
such contract or any other Federal contract with the same prime contract,or any other Federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act , which is held by the same prime contractor
such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this
paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs(1) through(4) of this
paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous,or dangerous to his health and safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by regulation.
(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part
1926(formerly part 1518) and failure to comply may result in
imposition of sanctions pursuant to the Contract Work
Hours and Safety Standards Act(Public Law 91-54.83 State
96).
(3) The contractor shall include the provisions of this Article in every subcontract so that such provisions
will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as
the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing
such provisions.
12. GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS PROVISIONS
A. Contracts with Two Wage Decisions
If the contract includes two wage decisions, the contractor, and each subcontractor who works on the site, must
submit either two separate payrolls (one for each wage decision) or one payroll which identifies each worker
twice and the hours worked under each wage decision. One single payroll, reflecting each worker once,
may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job
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classification. However, where a job classification is not listed in a wage decision and is needed for that portion
of the work, the classification must be added to the wage decision. A worker may not be paid at the rate for a
classification using the hourly rate for that same classification in another wage decision. After the additional
classification is approved, the contractor may pay the higher of the two rates and submit one payroll, if
desired.
B. Complying with Minimum Hourly Amounts
(1) The minimum hourly amount due to a worker in each classification is the total of the amounts in the
"Rates" and "Fringe Benefits" (if any) columns of the applicable wage decision.
(2) The contractor may satisfy this minimum hourly amount by any combination of cash and bona fide
fringe benefits, regardless of the individual amounts reflected in the "Rates"and "Fringe Benefits"columns.
(3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the
minimum hourly amount due under the applicable wage decision. For example, contractor payments for
FICA or unemployment insurance are not a fringe benefit; however, contractor payments for health
insurance or retirement are a fringe benefit.Generally, a fringe benefit is bona fide if(a) it is available to
most workers and (b) involves payments to a third party.
(4) The hourly value of the fringe benefit is calculated by dividing the contractor's annual cost
(excluding any amount contributed by the worker)for the fringe benefit by 2080.Therefore,for workers with
overtime, an additional payment may be required to meet the minimum hourly wages since generally
fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the
minimum rates required by the wage decision, this should not be a problem. As long as the total wages
received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage
decision,the requirement of the Davis-Bacon and Related Acts has been satisfied.)
C. Overtime
For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly cash rate
received, not the minimum required by the wage decision. (The Davis-Bacon and related acts only establish
minimum rates and does not address overtime; the Contract Work Hours Act contains the overtime
requirement and uses "basic rate of pay" as the base for calculation, not the minimum rates established by the
Davis-Bacon and related acts.)
D. Deductions
Workers who have deductions, not required by law, from their pay must authorize these deductions in writing.
The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar
amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the
deduction. If deducted amounts increase, another authorization must be submitted. If deducted amounts decrease,
no revision to the original authorization is needed. Court-ordered deductions, such as child support, may be
identified by the responsible payroll person in a separate document. This document should identify the worker,
the amount deducted and the purpose.A copy of the court order should be submitted.
E. Classifications Not Included in the Wage Decision
If a classification not in the wage decision is required, please advise the owner's representative in
writing and identify the job classification(s) required. In some instances, the State agency may
allow the use of a similar classification in the wage decision. Otherwise, the contractor and affected workers
must agree on a minimum rate, which cannot be lower than the lowest rate for any trade in the wage decision.
Laborers(including any subcategory of the laborer classification)and truck drivers are not considered a trade for
this purpose. If the classification involves a power equipment operator, the minimum cannot be lower than the
lowest rate for any power equipment operator in the wage decision. The ownerwill provide forms to document
agreement on the minimum rate by the affected workers and contractor. The U.S. Department of Labor (USDOL)
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must approve the proposed classification and rate. The contractor may pay the proposed rate until the USDOL
makes a determination. Should the USDOL require a higher rate, the contractor must make wage restitution
to the affected worker(s)for all hours worked under the proposed rate.
F. Supervisory Personnel
Foremen and other supervisory personnel who spend at least 80% of their time supervising workers are not
covered by the Davis-Bacon and Related Acts. Therefore, a wage decision will not include such supervisory
classifications and their wages are not subject to any minimums under the Davis-Bacon and Related Act or
overtime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other
supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered
workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage
decision for the appropriate classification(s)based on the work performed.
G. Sole Proprietorships/ Independent Contractors/ Leased Workers
The nature of the relationship between a prime contractor and a worker does not affect the requirement to
comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is
based on the nature of the work performed.
If the work performed is primarily manual in nature, the worker is subject to the labor standards provisions in
this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumbing work
himself, then Mr. Smith is subject to the labor standards provisions,including minimum wages and overtime. His
status as "owner"is irrelevant for labor standards purposes.
If a worker meets the IRS standards for being an independent contractor, and is employed as such,
this means that the worker must submit a separate payroll as a subcontractor rather than be included on
some other payroll. The worker is still subject to the labor standards provisions in this contract, including
minimum wages and overtime.
If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions in this
contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must
reflect information required to determine compliance with the labor standards provisions of this contract,
including a classification for each worker based on the nature of the work performed, number of regular hours
worked, and number of overtime hours worked.
H.Apprentices/Helpers
A worker may be classified as an apprentice only if participating in a federal or state program.
Documentation of participation must be submitted. Generally, the apprentice program specifies that the
apprentice will be compensated at a percentage of the journeyman rate. For Davis-Bacon Act purposes, the
hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage
decision.
If the worker does not participate in a federal or state apprentice program, then the worker must be classified
according to duties performed. This procedure may require classification in the "trade"depending on tools used,
or as a laborer if specialized tools of the trade are not used. The contractor may want to consult with the Wage
and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate
classification.
Presently, no worker may be classified as a "helper". As with apprentices not participating in a formal
apprentice program, the worker must be classified according to duties performed and tools used.
13.LOBBY PROHIBITION
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(a) No funds or other resources received from the Department under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief;
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any
person for influencing or attempting to influence an officer or employee of any agency," a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or
modification of any Federal contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement,the Recipient shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying."
I. The Recipient shall require that this certification be included in the award documents for all subawards
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than$100,000 for each such failure.
14. DEBARMENT
Pursuant to 2 CFR 2424, all grantees are required to verify that any/all persons, contractors, consultants,
businesses, sub-recipients, etc. that are conducting business with the grantee, including any city/county or the
grantee itself, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in the covered transaction or in any proposal submitted in connection with the
covered transaction. Verification will be checked through the excluded parties system list at
www.sam.gov.
15. HISTORIC PRESERVATION The Contractor shall comply with the historic preservation requirements
of 24 CFR 58.17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings and with all other environmental regulatory requirements. D. Historic
Preservation: The contractor agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800,
Advisory Council on Historic reservation Procedures for Protection of Historical Properties.
16.RECORD KEEPING AND DOCUMENTATION
The Recipient, its employees or agents, including all contractors, subcontractors or consultants to be paid from
funds under this Agreement, shall allow access to its records at reasonable times to the
Departments, its employees and agents. "Reasonable" shall ordinarily mean during normal business hours of
8am to 5pm local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained
by the Department.
1. The Contractor shall maintain all records required by the grantor. 2. All reports, plans, surveys, information,
documents, maps and other data procedures developed, prepared, assembled, or completed by the Contractor for
the purpose of this Agreements shall be made available to the County by the Contractor at any time upon request
by the County or HUD. Upon completion of all work contemplated under this agreement copies of all documents
and records relating to this agreement shall be surrendered to the County if requested. In any event the sub-
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recipient shall keep all documents for six (6) years after the expiration of this agreement.
17. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to the funding
source. The Contractor will mount a temporary construction sign for projects funded by Housing Urban
Development though Collier County Community and Housing Services. The design concept is intended to
disseminate key information regarding the development team as well as Equal Housing Opportunity to the general
public. The Construction sign shall comply with applicable County codes.
18. RIGHT AND PATENT RIGHTS
No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an
application for copyright by or on behalf of the contractor. The US Department of Housing and Urban
Development and the grantee shall possess all rights to invention or discovery, as well as rights in data which may
arise as a result of the contractor's services.
19.RELIGIOUS OGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religions organizations. Section 24
CFR 570.200(j)specifies the limitations on CDBG funds.
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Appendix
Minority Participation Goals
These are the goals, by county, for meeting the minority participation portion of Section 7-B(2)(b)of the
CDBG Supplemental Conditions.These are contractor workforce goals,not goals for subcontracting to minority
and women firms. Solicitation of minority and women firms as subcontractors is a separate federal requirement
which the contractor must document compliance with.
Tampa-St.Petersburg Area Percentage Orlando-Daytona Beach Area Percentage
Hillsborough,Pinellas,Pasco 17.9
Volusia 15.7
Charlotte,Citrus,Collier, 17.1
DeSoto,Hardee,Hernando, (all seven) Brevard 10.7
&Highlands
Orange,Osceola,Seminole 15.5
Lee 15.3
Flagler,Lake,Sumter 14.9
Manatee 15.9
Miami-Fort Lauderdale Area
Polk 18.0 Dade 39.5
Sarasota 10.5 Broward 15.5
Tallahassee Area Palm Beach 22.4
Leon,Wakuila 24.3
Glades,Hendry,Indian River 30.4
Calhoun,Franklin,Gadsden, 29.5 Martin,Monroe, (all seven)
Jackson,Jefferson,Liberty, (all eight) &Okeechobee, &St. Lucie
Madison,&Taylor
Pensacola-Panama City Area
Bay 14.1
Escambia,Santa Rosa 18.3
Gulf,Holmes,Okaloosa, 15.4
Walton,&Washington (all five)
Jacksonville Area
Alachua 20.6
Baker,Clay, Duval, 21.8
Nassau,&St.Johns (all five)
Bradford,Columbia,Dixie, 22.2
Gilchrist,Hamilton,Lafayette (all 11)
Levy, Marion,Putnam,Suwannee,&Union
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State and Federal Statutes and Regulations
By signature of this Agreement,the contractor hereby certifies that it will comply with the following(as
applicable)federal and state requirements:
1. Community Development Block Grant Disaster 32. 1962,40 U.S.C.s. 327 et.seq.;
2. Recovery Emergency Rule 9BER09-2; The Solid 33. The Wildlife Coordination Act of 1958, as amended;
Waste Disposal Act,as amended by the Resource Noise Abatement and Control:Departmental Policy
Conservation and Recovery Act of 1975 (42 U.S.C.,s. Implementation,Responsibilities, and Standards,24
6901 et.seq.); C.F.R.Part 51, Subpart B;
3. Florida Small a n d Minority Business Act, s. 34. Flood Disaster Protection Act of 1973, P.L 92-234;
288.702-288.714, F.S.; 35. Protection of Historic and Cultural Properties under
4. Florida Coastal Zone Protection Act,s. 161.52- HUD Programs,24 C.F.R.Part 59;
161.58, F.S.; 36. Coastal Zone Management Act of 1972, P.L
5. Local Government Comprehensive Planning and 92-583;
Land Development Regulation Act,Ch. 163,F.S.; 37. Architectural and Construction Standards;
38. Architectural Barriers Act of 1968,42 U.S.C.4151;
6. Title I of the Housing and Community Development
7. Act of 1974,as amended 39. Executive Order 11296, relating to evaluation of
flood hazards;
8. Treasury Circular 1075 regarding drawdown of 40. Executive Order 11288.relating to prevention,
CDBG funds. control and abatement of water pollution;
9. Sections 290.0401-290.049,F.S.; 41. Cost-Effective Energy Conservation Standards,24
10. Rule Chapter 9B-43, Fla.Admin. Code.; 10. C.P.R.Part 39;
Department of Community Affairs Technical 42. Section 8 Existing Housing Quality Standards,24
Memorandums; C.F.R.Part 882;
11. HUD Circular Memorandums applicable to the Small 43. Coastal Barrier Resource Act of 1982;
Cities CDBG Program; 44. Federal Fair Labor Standards Act,29 U.S.C.,s.201
12. Single Audit Act of 1984; et.seq.;
13. National Environmental Policy Act of 1969 and 45. Title VI of the Civil Rights Act of 1964 Non
other provisions of law which further the purpose of discrimination;
46. Title VII of the Civil Rights Act of 1968
this Act; Non-discrimination in housing;
14. National Historic Preservation Act of 1966(Public 47. Age Discrimination Act of 1975;
Law89-665)as amended and Protection of Historic 48. Executive Order 12892-Fair Housing
Properties(24C.F.R. Part 800); 49. Section 109 of the Housing and Community
15. Preservation of Archaeological and Historical Data Development Act of 1974,Non-discrimination;
Act of 1966; 50. Section 504 of the Rehabilitation Act of 1973 and 24
C.F.R.Part
16. Executive Order 11593 -Protection and Enhancement
51. Executive Order 11063 -Equal Opportunity in
of Cultural Environment; Housing;
17. Reservoir Salvage Act; 52. Executive Order 11246-Nondiscrimination;
18. Safe Drinking Water Act of 1974,as amended; 53. Section 3 of the Housing and Urban Development
19. Endangered Species Act of 1958,as amended; Act of 1968, as amended-Employment Training of
20. Executive Order 12898-Environmental Justice Lower Income Residents and Local Business
21. Executive Order 11988 and 24 C.F.R.Part 55-
Floodplain Management; Contracting;
22. The Federal Water Pollution Control Act of 1972,as 54. Uniform Relocation Assistance and Real
amended(33 U.S.C.,s. 1251 et.seq.); Property Acquisition Policies Act of 1970,P.L.,
23. Executive Order 11990-Protection of Wetlands; 100-17, and 49 C.F.R.Part 24;
24. Coastal Zone Management Act of 1968,as amended; 55. Copeland Anti-Kickback Act of 1934; Hatch Act;
25. Wild and Scenic Rivers Act of 1968,as amended; 56. Title N Lead-Based Paint Poisoning Prevention Act
26. Clean Air Act of!977; (42 U.S.C.,s. 1251 et.seq.);
27. HUD Environmental Standards(24 C.F.R. Part 58); 57. OMB Circulars A-87,A-!02,A-122,and A-133,as
28. Farmland Protection Policy Act of 1981; revised;
29. Clean Water Act of 1977; 58. Administrative Requirements for Grants,24
30. Davis- Bacon Wage Rate Act; C.F.R.Part 85; 59. Section 02 of the Department of
31. Contract Work Hours and Safety Standards Act of Housing and Urban Development Reform Act of
1989 and 24 C.F.R. Part 12.
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Section 3 RMrreinents
What is Section 3?
Section 3 is a provision of the Housing and Urban Development(HUD)Act of 1968 that helps foster local
economic development,neighborhood economic improvement,and individual self-sufficiency.The Section
3 program requires that recipients of certain HUD financial assistance,to the greatest extent feasible,
provide job training, employment,and contracting opportunities for low-or very-low income residents in
connection with projects and activities in their neighborhoods.
How does Section 3 promote self-sufficiency?
Section 3 is a starting point to obtain job training,employment and contracting opportunities. From this
integral foundation coupled with other resources comes the opportunity for economic advancement and self-
sufficiency.
• Federal,state and local programs
• Advocacy groups
• Community and faith-based organizations
z
How does Section 3 promote homeownership?
Section 3 is a starting point to homeownership.Once a Section 3 resident has obtained employment or
contracting opportunities they have begun the first step to self-sufficiency.
Remember, "It doesn't have to be fields of dreams". Homeownership is achievable.For more information
visit our HUD website.
Who are Section 3 residents?
Section 3 residents are:
• Public housing residents or
• Persons who live in the area where a HUD-assisted project is located and who have a household
income that falls below HUD's income limits.
Determining Income Levels
• Low income is defined as 80%or below the median income of that area.
• Very low income is defined as 50%or below the median income of that area.
What is a Section 3 business concern?
A business that:
• Is 51 percent or more owned by Section 3 residents;
• Employs Section 3 residents for at least 30 percent of its full-time,permanent staff;or
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• Provides evidence of a commitment to subcontract to Section 3 business concerns,25 percent or
more of the dollar amount of the awarded contract.
What programs are covered?
Section 3 applies to HUD-funded Public and Indian Housing assistance for development,operating,and
modernization expenditures.
Section 3 also applies to certain HUD-funded Housing and Community Development projects that complete
housing rehabilitation, housing construction, and other public construction.
What types of economic opportunities are available under Section 3?
• Job training
• Employment
• Contracts
Any employment resulting from these expenditures, including administration,management,clerical support,
and construction, is subject to compliance with Section 3.
Examples of Opportunities include:
•Accounting • Iron Works
•Architecture •Janitorial
• Appliance repair •Landscaping
• Bookkeeping •Machine Operation
• Bricklaying •Manufacturing
• Carpentry •Marketing
•Carpet Installation •Painting
•Catering • Payroll Photography
•Cement/Masonry •Plastering
• Computer/Information •Plumbing
• Demolition •Printing Purchasing
•Drywall •Research
• Elevator Construction • Surveying
• Engineering •Tile setting
• Fencing •Transportation
• Florists • Word processing
• Heating
Who will award the economic opportunities?
Recipients of HUD financial assistance will award the economic opportunities.They and their contractors
and subcontractors are required to provide,to the greatest extent feasible,economic opportunities consistent
with existing Federal, State,and local laws and regulations.
Who receives priority under Section 3?
For training and employment:
• Persons in public and assisted housing
• Persons in the area where the HUD financial assistance is spent
• Participants in HUD Youthbuild programs
• Homeless persons
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For contracting:
Businesses that meet the definition of a Section 3 business concern
How can businesses find Section 3 residents to work for them?
Businesses can recruit Section 3 residents in public housing developments and in the neighborhoods where the HUD
assistance is being spent.Effective ways of informing residents about available training and job opportunities are:
• Contacting resident organizations, local community development and employment agencies
• Distributing flyers
• Posting signs
• Placing ads in local newspapers
Are recipients,contractors,and subcontractors required to provide long-term employment opportunities,not
simply seasonal or temporary employment?
Recipients are required,to the greatest extent feasible,to provide all types of employment opportunities to low and
very low-income persons,including permanent employment and long-term jobs.
Recipients and contractors are encouraged to have Section 3 residents make up at least 30 percent of their permanent,
full-time staff.
A Section 3 resident who has been employed for 3 years may no longer be counted towards meeting the 30 percent
requirement. This encourages recipients to continue hiring Section 3 residents when employment opportunities are
available.
What if it appears an entity is not complying with Section 3?
There is a complaint process. Section 3 residents,businesses, or a representative for either may file a complaint if it
seems a recipient is violating Section 3 requirements are being on a HUD-funded project.
Will HUD require compliance?
Yes. HUD monitors the performance of contractors,reviews annual reports from recipients,and investigates
complaints. HUD also examines employment and contract records for evidence that recipients are training and
employing Section 3 residents and awarding contracts to Section 3 businesses.
How can Section 3 residents or Section 3 business concerns allege Section 3 violations?
You can file a written complaint with your local HUD Field Office.
A written complaint should contain:
•Name and address of the person filing the complaint
•Name and address of subject of complaint(HUD recipient,contractor or subcontractor)
• Description of acts or omissions in alleged violation of Section 3
• Statement of corrective action sought i.e. training,employment or contracts
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DAVIS BACON GENERAL WAGE DECISION
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General Decision Number: FL160153 01/08/2016 FL153
Superseded General Decision Number: FL20150153
State: Florida
Construction Type: Heavy
County: Collier County in Florida.
HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines)
Note; Under Executive Order (EO) 13658, an hourly minimum wage
of $10. 15 for calendar year 2016 applies to all contracts
subject to the Davis-Bacon Act for which the solicitation was
issued on or after January 1, 2015. If this contract is covered
by the EO, the contractor must pay all workers in any
classification listed on this wage determination at least
$10.15 (or the applicable wage rate listed on this wage
determination, if it is higher) for all hours spent performing
on the contract in calendar year 2016. The EO minimum wage rate
will be adjusted annually. Additional information on contractor
requirements and worker protections under the EO is available
at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/08/2016
* ELEC0728-006 09/01/2015
Rates Fringes
ELECTRICIAN $ 29.00 10.71
ENGI0487-014 07/01/2013
Rates Fringes
OPERATOR: Crane
All Tower Cranes Mobile,
Rail, Climbers, Static-
Mount; All Cranes with
Boom Length 150 Feet &
Over (With or without jib)
Friction, Hydraulic,
Electric or Otherwise;
Cranes 150 Tons & Over;
Cranes with 3 Drums (When
3rd drum is rigged for
work) ; Gantry & Overhead
Cranes; Hydraulic Cranes
Over 25 Tons but not more
than 50 Tons;
Hydraulic/Friction Cranes;
& All Types of Flying
Cranes; Bocm,Truck $ 29.05 8.80
Cranes with Boom Length
, Less than 150 Feet (With
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or without jib) ; Hydraulic
Cranes 25 Tons & Under, &
Over 50 Tons (With Oiler) ;
Boom Truck $ 28.32 8.80
OPERATOR: Drill $ 25.80 8.80
OPERATOR: Oiler $ 22.99 8.80
IRON0272-005 02/01/2015
Rates Fringes
IRONWORKER, STRUCTURAL $ 23.76 7.78
LAB01652-004 06/01/2013
Rates. Fringes
LABORER: Grade Checker $ 14.50 4.92
PAIN0365-007 08/01/2014
. Rates Fringes
PAINTER: Brush, Roller and
Spray $ 19.50 8.83
SUFL2009-149 06/24/2009
Rates Fringes
CARPENTER $ 14.95 2.92
CEMENT MASON/CONCRETE FINISHER $ 14.77 3.50
LABORER: Common or General $ 9.72 1.31
LABORER: Landscape $ 7.25 0.00
LABORER: Pipelayer $ 11.33 0.00
LABORER: Power Tool Operator
(Hand Held Drills/Saws,
Jackhammer and Power Saws
Only) $ 10.63 2.20
OPERATOR: Asphalt Paver $ 11.59 0.00
OPERATOR: Backhoe Loader
Combo $ 16.10 2.44
OPERATOR: Backhoe/Excavator $ 14.91 1.08
OPERATOR: Bulldozer $ 17.00 0.00
OPERATOR: Grader/Blade $ 16.00 2.84
OPERATOR: Loader $ 14.75 0.00
OPERATOR: Mechanic $ 14.32 0.00
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I age .3 OT
OPERATOR: Roller $ 10.76 0.00
OPERATOR: Scraper $ 11.00 1.74
OPERATOR: Trackhoe $ 20.92 5.50
OPERATOR: Tractor $ 10.54 0.00
TRUCK DRIVER, Includes Dump
Truck $ 11.00 0.00
TRUCK DRIVER: Lowboy Truck $ 12.73 0.00
TRUCK DRIVER: Off the Road
Truck $ 12.21 1.97
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5. 5 (a) (1) (ii) ) .
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local) ,
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
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rage 4 or
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
• in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the ,
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014 . UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/2.9/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2. )
and 3. ) should be followed.
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With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2. ) Tf the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc. ) that the requestor considers relevant to the issue.
3. ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
I1
r
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Housing Urban Development (HUD)
Supplemental Conditions
CERTIFICATIONS AND FORMS
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY
DEADLINE TO BE CONSIDERED RESPONSIVE
I. Certification Regarding Debarment,Suspension,and Other Responsibility Matters Primary Covered
Transactions
2. Certification Regarding Debarment,Suspension, Ineligibility And Voluntary Exclusion Lower Tier Covered
Transactions
3. Affidavit for and Certification for Claiming Status as a Section 3 Business
4. General Grant Clauses
5. Acknowledgement of Religious Organization Requirements 24 CFR 570.200(j)
6. Conflict of Interest Affidavit
7. Certification for a Drug Free Workplace
8. Disclosure of Lobbying Activities
9. Anticipated Disadvantaged Business Participation Statement
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Housing Urban Development (HUD)
Supplemental Conditions
Certification Regarding Debarment,Suspension,and Other Responsibility Matters
Primary Covered Transactions
(I) The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals:
(a) Are not presently debarred, suspended,proposed for debarment,declared ineligible, or voluntarily excluded
from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,
or performing a public(Federal,State or local)transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or
destruction of records,making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,
State or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State or local)terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
Name Project Name
Title Project Number
Firm Tax ID Number
Street Address DUNS Number
City, State,Zip
24 CFR 24.510&24 CFR,Part 24,Appendix A
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Housing Urban Development (HUD)
Supplemental Conditions
Certification Regarding Debarment,Suspension,Ineligibility
And Voluntary Exclusion
Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies,by submission of this document,that neither it nor its principals is
presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to the above statement,the prospective participant
shall attach an explanation to this form.
Name Local Government
Title CDBG Contract Number
Firm Tax ID Number
Street Address DUNS Number
City,State,Zip
Date
10/1/2012-(2)
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Housing Urban Development (HUD)
Supplemental Conditions
Affidavit,for and Certificatit h for Claiming Status as a Section 3 Butintess fy
A Section 3 "Right to Match"preference shall be afforded to enhance the opportunities and ensure that employment
and other economic opportunities generated by certain HUD Housing and/or Community Development Assistance
funding shall,to the greatest extent feasible,and consistent with existing Federal, State,and local law and regulations,
be directed to low-and very-low income persons and to business concerns which provide economic opportunities to
low-and very-low income persons of local businesses to receive awards of Collier County contracts.
A"Section 3 Business"is defined as a business that provides evidence of their Section 3 certification at the time the
bid is offered to the County; evidence shall not be provided after the bid closing time.
When a qualified and responsive, non-Section 3 business submits the lowest price bid,and the bid submitted by one
or more qualified and responsive Section 3 Business is within ten percent(10%)of the price submitted by the non-
Section 3 business,then the Section 3 Business with the apparent lowest bid offer(i.e.the lowest Section 3 bidder)
shall have the opportunity to submit, an offer to match the price(s)offered by the overall lowest,qualified and
responsive bidder. In such instances, staff shall first verify if the lowest non-Section 3 bidder and the lowest Section 3
bidder are in fact qualified and responsive bidders.Next,the Purchasing Department shall determine if the lowest
bidder meets the requirements of Section 287.087 F.S.
If the lowest Section 3 bidder meets the requirements of 287.087, F.S.,the Purchasing Department shall invite the
lowest Section 3 bidder to submit a matching offer to the Purchasing Department which shall be submitted within five
(5)business days thereafter. If the lowest Section 3 bidder submits an offer that fully matches the lowest bid from the
lowest non-Section 3 bidder tendered previously,then award shall be made to the Section3 bidder. If the lowest
Section 3 bidder declines or is unable to match the lowest non-Section 3 bid price(s),then award will be made to the
lowest overall qualified
and responsive bidder. If the lowest Section 3 bidder does not meet the requirement of Section
287.087 F.S. and the lowest non-Section 3 bidder does,award will be made to the bidder that meets the requirements
of the reference state law.
Bidder must complete and submit with their bid response the Affidavit and Certification for Claiming Status as a
Section 3 Business which is included as part of this solicitation and their current Section 3 certification.
Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from
being considered for Section 3 preference on this solicitation.
A Bidder who misrepresents the Section 3 Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Section 3 Preference status for a period of up to one(1)year.
If necessary,the contracting agency may conduct discussions with qualified and responsive bidders determined to be
in contention for being selected for award for the purpose of clarification to assure full understanding of, and verify
qualifications and responsiveness to solicitation requirements.
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Housing Urban Development(HUD)
Supplemental Conditions
This project is subject to the provisions of Section 3 of the Housing and Urban Development Act of 1968(12 U.S.C.
1701 u). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by
certain HUD Housing and/or Community Development Assistance shall,to the greatest extent feasible,and
consistent with existing Federal,State,and local law and regulations,be directed to low-and very-low income
persons and to business concerns which provide economic opportunities to low-and very-low income persons.
A Section 3 business concerned is defined as follows:
1. That is 51 percent or more owned by Section 3 residents;or
2. Whose permanent,full-time employees include persons,at least 30 percent of whom are currently Section 3
residents,or within three years of the date of first employment with the business concern were Section 3
residents;or
3. That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all
subcontracts to be awarded to business concerns that meet the qualifications set forth in section one or two
above.
In conformance with Section 3 federal regulations(24 CFR Part 135),Collier County shall direct efforts to award
Section 3 covered contracts,to the greatest extent feasible,to Section 3 business concerns in the order of priority
listed below:
1. Category 1 businesses: Section 3 business concerns that provide economic opportunities for Section 3
residents in the service area or neighborhood in which the Section 3 covered project is located;
2. Category 2 businesses: Applicants(as this term is defined in 42 U.S.C. 12899)selected to carry out HUD
HOUSING AND/OR COMMUNITY DEVELOPMENT ASSISTANCE Youthbuild
programs;
3. Category 3 businesses: Other Section 3 business concerns.
A business concern seeking to qualify for a Section 3 contracting preference shall certify that the business concern is
a Section 3 business concern as described above.
Vendor Name Date
Address
Signature Title
STATE OF FLORIDA
n COLLIER COUNTY O.EE COUNTY
Sworn to and Subscribed Before Me,a Notary Public,for the above State and County,on this
Day of , 20
My Commission Expires:
Notary Public
(AFFIX SEAL)
10/1/2012-(2)
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Housing Urban Development (HUD)
Supplemental Conditions
a �
General Grant Claws ,
On behalf of my firm, I acknowledge,and agree to perform all of the specifications and grant requirements identified
in this solicitation document(s).
Vendor/Contractor Name Date
Authorized Signature
Address
Solicitation Contract#
10/1/2012-(2)
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Housing Urban Development (HUD)
Supplemental Conditions
iv �C1l: e 0 smetxtof Rlgo as ; tl0n44 111 ,X,
' � � v 0 f Ny a #
4.4
� r ,
In accordance with the First Amendment of the United States Constitution"church/state principles," Community
Development Block Grant CDBG/NSP assistance may not, as a general rule, be provided to primarily religious
entities for any secular or religious activities.
Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be
deemed to be, a religious or denominational institution or an organization operated for religious purposes which is
supervised or controlled by or operates in connection with a religious or denominational institution or
organization.
A religious entity that applies for and is awarded CDBG/NSP funds for public service activities must agree to the
following:
1. It will not discriminate against any employee or applicant for employment on the basis of religion and will
not limit employment or give preference to persons on the basis of religion.
2. It will not discriminate against any person applying for such public services on the basis of religion and will
not limit such services or give preference to persons on the basis of religion.
3. It will provide no religious instruction or counseling,conduct no religious worship or services,engage in no
religious proselytizing,and exert no other religious influence in the provision of such public services.
4. The portion of a facility used to provide public services assisted in whole.or in part under this agreement
shall contain no sectarian or religious symbols or decorations;and
5. The funds received under this agreement shall be use to construct, rehabilitate or restore any facility,
which is owned by the provider and in which the public services are to be provided. However, minor repairs
may be made if such repairs are directly related to the public services located in a structure used
exclusively for non-religious purposes and constitute in dollar terms,only a minor portion of the
CDBG/NSP expenditure for the public services.
I hereby acknowledge that I have read the specific requirements contained in this attachment and that eligibility of
my organization's project depends upon compliance with the requirements contained in this agreement.
(Company)
(Signature) (Date)
(Print Name)
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Housing Urban Development (HUD)
Supplemental Conditions
Conflict f linterest davit
By the signature below,the firm(employees, officers and/or agents)certifies, and hereby discloses,that,to the best
of their knowledge and belief,all relevant facts concerning past,present,or currently planned interest or activity
(financial, contractual, organizational,or otherwise)which relates to the proposed work;and bear on whether the
firm(employees,officers and/or agents)has a possible conflict have been fully disclosed.
Additionally,the firm(employees,officers and/or agents)agrees to immediately notify in writing the
Purchasing/General Services Director,or designee, if any actual or potential conflict of interest arises during the
contract and/or project duration.
Vendor Name Date
Address
Signature Title
State of
County of
SUBSCRIBED AND SWORN to before me this day of
20 ,by ,who is personally known to me to be the for the Firm,OR who produced
the following identification
My Commission Expires
Notary Public
(AFFIX SEAL)
10/1/2012-(2)
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Housing Urban Development(HUD)
Supplemental Conditions
Certification Rega izng Drug-Free War**, t� nt - ,
The offerer certifies that it will provide a drug-free workplace by:
(a)Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession or
use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken
against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about—
(1)The dangers of drug abuse in the workplace;
(2)The grantee's policy of maintaining a drug-free workplace;
(3)Any available drug counseling,rehabilitation and employee assistance programs,and
(4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
(c)Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the
statement required by paragraph(a);
(d)Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under the
grant,the employee will—
(1)Abide by the terms of the statement;and
(2)Notify the employer of any criminal drug statute conviction for a violation occurring in
the workplace no later than five days after each conviction;
(e)Notifying the agency within ten days after receiving notice under subparagraph(d)(2)from an employee or
otherwise receiving actual notice of such conviction;
(f)Taking one of the following actions,within 30 days of receiving notice under subparagraph(d)(2),with respect to
any employee who is so convicted—
(1)Taking appropriate personnel action against such an employee, up to and including termination;or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State,or local health,
law enforcement,or other appropriate agency;
(g)Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(a),(b),(c),(d),(e)and(f).
Typed Name and Title of Certification Official
Signature Date
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Housing Urban Development (HUD)
Supplemental Conditions
te yam.::
5F Ya.i
The undersigned (Vendor/ Contractor) certifies, to the best of his or her knowledge
and belief,that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any
Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,
renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement.
(2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts
to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form--LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions[as amended
by"Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413(1/19/96). Note: Language in paragraph
(2)herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995(P.L. 104-65,to be codified at
2 U.S.C. 1601,etseq.)]
(3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352
(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a
civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a
required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than$100,000
for each such expenditure or failure.]
The Vendor/Contractor, , certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31
U.S.C.A 3801,et seq., apply to this certification and disclosure,if any.
Signature of Vendor/Contractor's Authorized Official
Name and Title of Vendor/Contractor's Authorized Official
Date
10/1/2012-(2)
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Housing Urban Development (HUD)
Supplemental Conditions
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN
PARTICIPATION STATEMENT
Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide
source documentation that validates a status.
a�a
CONTRACT DOLLAR
PRIME NAME PRIME FEID NUMBER AMOUNT
IS THE PRIME A FLORIDA-CERTIFIED IS THE ACTIVITY OF THIS CONTRACT...
DISADVANTAGED,MINORITY OR WOMEN
BUSINESS ENTERPRISE?(DBE/MBE/WBE) OR DBE? Y/N
HAVE A SMALL DISADVANTAGED BUSINESS 8A MBE? Y/N CONSTRUCTION Y/N
CERTIFICATION FROM THE SMALL BUSINESS WBE? Y/N CONSULTANT Y/N
ADMINISTRATION? SDB 8A? Y/N OTHER Y/N
IS THIS SUBMISSION A REVISION?
Y/N IF YES,REVISION NUMBER
0,4P/„I' u t r�tf w' t a�3'w,14 `6i
s
4 s
t„ t ,y - r arF ' .1&a
a
a"' a 5� a• 3 d ! k e� i i t ^S' r � t
� '. ! 9 Ana � �
DBE ETHNICITY SUB/SUPPLIER PERCENT
M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OF
NAME OR SPECIALTY CODE(See DOLLAR
VETERAN Below) AMOUNT CONTRACT
-■- DOLLARS
TOTALS:
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Housing Urban Development (HUD)
Su. 'lemental Conditions
d . �;� x . A �; , s a f
rm.. wua��i�' RT�s: `'""° � �� � .._,.�.,a,.a...,.i..,,,�..,. xr.$�� �.«Fx,e.:.
NAME OF SUBMITTER DATE TITLE OF SUBMITTER
EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER
NOTE: This information is used to track and report anticipated DBE or MBE participation in federally-funded
contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual
terms. This form must be submitted at time of response to a solicitation. If and when awarded a County
contract,the prime will be asked to update the information for the grant compliance files.
(
Hispanic American HA
.Nativee ,
Subcont.Asian American SAA
As1Ah iio) A! ,.aB3k.., �
Non-Minority Women NMW
Other:not of any other gro�rp ti e 1
COLLIER CONTRACT#(IFB/RFP or
DEPARTMENT NAME PO/REQ) FUNDING SOURCE
ACCEPTED BY: DATE
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EXHIBIT J:TECHNICAL SPECIFICATIONS
Refer to information posted at: http://bid.colliergov.net/bid/
76
ITB 15-6441 Pineland Ave Stormwater Improvements
Packet Page -1040-
4/12/2016 16.B.2.
EXHIBIT K: PERMITS
Refer to information posted at: http://bid.colliergov.net/bid/
77
ITB 15-6441 Pineland Ave Stormwater Improvements
Packet Page-1041-
4/12/2016 16.B.2.
EXHIBIT L: STANDARD DETAILS
Refer to information posted at: http://bid.colliergov.net/bid/
78
ITB 15-6441 Pineland Ave Stormwater Improvements
Packet Page-1042-
4/12/2016 16.B.2.
EXHIBIT M: PLANS AND SPECIFICATIONS
Refer to information posted at: http://bid.colliergov.net/bid/
79
ITB 15-6441 Pineland Ave Stormwater Improvements
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4/12/2016 16.B.2.
EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name Personnel Category
TBD Construction Superintendent
Ralph C. Andrew Ill Project Manager
80
ITB 15-6441 Pineland Ave Storrnwater Improvements
Packet Page-1044-
4/12/2016 16.B.2.
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Packet Page -1045-
4/12/2016 16.B.2.
la Grady Minor
Civil Engineers • Land Surveyors • Planners • Landscape Architects
March 28,2016
Ms. Elly Soto McKuen
Project Manager
Bayshore Gateway Triangle Community Redevelopment Agency
3570 Bayshore Drive, Suite 102
Naples,FL 34112
RE: Recommendation of Award
Pineland Avenue Stormwater Improvements
Dear Ms. McKuen:
Q. Grady Minor & Associates, P.A. (GradyMinor) is pleased to provide the Bayshore Gateway
Triangle Community Redevelopment Agency (Bayshore CRA) this recommendation of award for
the construction of the Pineland Avenue Stormwater Improvements project.
Ten(10)bids were received for the subject contract on March 8,2016 and summary of bid results is
attached with this letter. The three lowest bidders were deemed non responsive by Collier County
Purchasing Department. The responsive and responsible low bidder was Andrew Sitework LLC of
Fort Myers Florida with a bid amount of$91,285.50. Andrew Sitework has performed extensive
underground utility work of similar nature to the Pineland Avenue project in SW Florida.
GradyMinor contacted several of the provided references for Andrew Sitework and received
favorable recommendations.
I have personal worked with Andrew Sitework on one project approximately 2 years ago and
witnessed professional work completed on time and within budget. I therefore recommend that the
Bayshore CRA award the Pineland Avenue Stormwater Improvement project to Andrew Sitework
LLC,in the amount of$91,285.20.
Very truly yours,
J ° tin Frederiksen,P.E.
Vice President
Q. Grady Minor&Associates, P.A. Ph. 239-947-1144•Fax. 239-947-0375
3800 Via Del.Rey h,B 0005151 •LB 0005151 •LC
26000266
Bonita.Springs, FL 34134 www.gradyminor.com
Packet Page -1046-
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Packet Page -1047-