Agenda 03/14/2017 Item #16B203/14/2017
EXECUTIVE SUMMARY
Recommendation to award Bid No. 17-7067 Karen Drive Stormwater Improvements to JRL
Underground Utilities, Inc. for a bid price of $313,329.09, and authorize the Community
Redevelopment Agency Board Chair to execute a contract to perform the work.
OBJECTIVE: To award a grant funded bid award in the Bayshore/Gateway Triangle Community
Redevelopment Area (Bayshore CRA) to eliminate flooding in the Karen Drive area.
CONSIDERATIONS: Karen Drive experiences extensive flooding during the rainy season, and the
situation has continued to worsen. Staff has only been able to address immediate drainage issues in recent
years due to limited funding for the necessary large-scale improvements.
Staff commissioned a local engineering firm to develop stormwater improvements plans to improve
drainage on Karen Drive. 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 along Karen Drive.
This swale-culvert system will connect to the surrounding stormwater infrastructure and into the nearby
stormwater drainage pond and an outfall east of Karen Drive.
The Bayshore CRA applied for and was successfully awarded U.S. Department of Housing and Urban
Development (HUD) Community Development Block Grant (CDBG) funds for $350,000 in 2016 for this
project.
On January 7, 2017, the Procurement Services Division released notices of Invitation to Bid No 17 -7067
to 2172 vendors for the construction of the Karen Drive Stormwater Improvement: 87 bid packages were
downloaded and five (5) bids were submitted February 7, 2017, as shown below in the Bid Tabulation.
These bids compare well with the total Engineer’s Estimate of $326,820 and JRL Underground Utilities,
Inc’s bid was 1% below that amount. Staff and the design engineer reviewed the unit pricing on the Bid
Tabulation and are recommending the contract award go to JRL Underground Utilities, Inc, the lowest
responsive and responsible bidder.
Ranking Bidder Amount
1 JRL Underground Utilities, Inc $313,329.09
2 Stage Door II, Inc $342,410.00
3 Quality Enterprises USA, Inc $364,991.00
4 Mitchell & Stark Construction Company, Inc $391,251.40
5 Coastal Concrete Products, LLC $399,130.00
FISCAL IMPACT: Sufficient HUD CDBG grant funding for the award, $350,000, is budgeted in
Bayshore CRA Grant Fund (717) in Project No. 33495 (Karen Drive Stormwater Improvements). The
proposed award has no impact on ad valorem dollars.
The maintenance cost of the new improvements will be minimal. The Road Maintenance Division
currently provides maintenance for the existing stormwater being replaced. There will be no additional
maintenance cost associated with the improvements. The improvements will be constructed within the
existing drainage and access easements currently owned by Collier County.
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03/14/2017
LEGAL CONSIDERATIONS: - The item has been approved as to form and legality, and requires
majority vote for BCC approval. - JAB
GROWTH MANAGEMENT IMPACT: Approval of this item is in accordance with the current
Growth Management Plan standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: To award Bid No. 17-7067 Karen Drive Stormwater Improvements to JRL
Underground Utilities, Inc. for a bid price of $313,329.09, and authorize the Community Redevelopment
Agency Board Chair to execute a contract to perform the work.
Prepared By: Elly Soto McKuen, Project Manager; Capital Project Planning, Impact Fees and Program
Management Division; Growth Management Department
ATTACHMENT(S)
1. 17-7067 Bid Tabulation 1 (PDF)
2. [LINKED]17-7067 Karen Drive Stormwater Improvements_solicitation (DOCX)
3. 17-7067 SAM Compliant Version (PDF)
4. NORA (PDF)
5. [LINKED]17-7067 JRL_Contrac_t revised 3-3_CAO (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.2
Doc ID: 2828
Item Summary: Recommendation to award Bid No. 17-7067 Karen Drive Stormwater
Improvements to JRL Underground Utilities, Inc. for a bid price of $313,329.09 and authorize the
Community Redevelopment Agency Board Chair to execute a contract to perform the work.
Meeting Date: 03/14/2017
Prepared by:
Title: Project Manager, CRA – Capital Project Planning, Impact Fees, and Program Management
Name: Elly McKuen
03/01/2017 11:59 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
03/01/2017 11:59 AM
Approved By:
Review:
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 03/01/2017 1:01 PM
Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 03/01/2017 6:55 PM
Procurement Services Kristofer Lopez Additional Reviewer Completed 03/02/2017 7:55 AM
Procurement Services Ted Coyman Additional Reviewer Completed 03/02/2017 11:20 AM
Public Services Department Joshua Hammond Additional Reviewer Completed 03/02/2017 1:41 PM
County Manager's Office Tim Durham Additional Reviewer Completed 03/02/2017 2:11 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 03/03/2017 6:04 PM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 03/06/2017 9:13 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 03/06/2017 9:35 AM
Grants Edmond Kushi Level 2 Grants Review Completed 03/06/2017 3:56 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/07/2017 8:10 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/07/2017 8:59 AM
Grants Therese Stanley Additional Reviewer Completed 03/07/2017 2:39 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/07/2017 2:42 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 03/07/2017 4:14 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/08/2017 1:18 PM
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03/14/2017
Board of County Commissioners MaryJo Brock Meeting Pending 03/14/2017 9:00 AM
16.B.2
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Procurement Strtegist: Kristofer Lopez
Project Manager: Elly McKuen
Bid Tabulation No. 17-7067
Karen Drive Stormwater Improvements
Notifications Sent: 2172
Downloaded: 87
Submitted: 5
DESCRIPTION QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
1 Mobilization / Demobilization 1 LS 14,639.00$ 14,639.00$ 30,000.00$ 30,000.00$ $35,000.00 35,000.00$ 29,000.00 29,000.00$ 28,500.00$ 28,500.00$
2 Project Sign 1 EA 1,300.00$ 1,300.00$ 4,000.00$ 4,000.00$ $1,500.00 1,500.00$ 1,500.00 1,500.00$ 1,500.00$ 1,500.00$
3 Survey Layout and Record Drawings 1 LS 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ $9,000.00 9,000.00$ 7,000.00 7,000.00$ 7,200.00$ 7,200.00$
4 Stormwater Pollution Plan 1 LS 9,000.00$ 9,000.00$ 4,500.00$ 4,500.00$ $7,750.00 7,750.00$ 1,500.00 1,500.00$ 2,200.00$ 2,200.00$
5 Maintenance of Traffic 1 LS 4,500.00$ 4,500.00$ 12,000.00$ 12,000.00$ $10,000.00 10,000.00$ 6,000.00 6,000.00$ 7,500.00$ 7,500.00$
6 Existing Storm Structure Removal and Disposal 2 EA 8,500.00$ 17,000.00$ 3,000.00$ 6,000.00$ $630.00 1,260.00$ 1,000.00 2,000.00$ 1,900.00$ 3,800.00$
7 Existing Storm Culvert Removal and Disposal 50 LF 71.12$ 3,556.00$ 50.00$ 2,500.00$ $30.00 1,500.00$ 20.00 1,000.00$ 28.00$ 1,400.00$
8 Existing Structure Modification 2 EA 2,500.00$ 5,000.00$ 500.00$ 1,000.00$ $1,380.00 2,760.00$ 1,500.00 3,000.00$ 1,500.00$ 3,000.00$
9 Type C Inlet 5 EA 741.86$ 3,709.30$ 2,500.00$ 12,500.00$ $2,220.00 11,100.00$ 3,760.00 18,800.00$ 3,100.00$ 15,500.00$
10 Type J Junction Box 2 EA 762.43$ 1,524.86$ 3,000.00$ 6,000.00$ $2,605.00 5,210.00$ 4,078.00 8,156.00$ 3,450.00$ 6,900.00$
11 Valley Gutter Inlet 3 EA 1,444.07$ 4,332.21$ 4,000.00$ 12,000.00$ $3,470.00 10,410.00$ 5,002.00 15,006.00$ 3,900.00$ 11,700.00$
12 24" RCP 1368 LF 22.20$ 30,369.60$ 75.00$ 102,600.00$ $105.00 143,640.00$ 89.94 123,037.92$ 110.00$ 150,480.00$
13 18" RCP 44 LF 14.63$ 643.72$ 65.00$ 2,860.00$ $88.00 3,872.00$ 72.27 3,179.88$ 100.00$ 4,400.00$
14 15" RCP 100 LF 10.35$ 1,035.00$ 50.00$ 5,000.00$ $78.00 7,800.00$ 47.72 4,772.00$ 90.00$ 9,000.00$
15 Mitered End Section - 24"2 EA 317.20$ 634.40$ 1,000.00$ 2,000.00$ $1,570.00 3,140.00$ 1,149.80 2,299.60$ 1,450.00$ 2,900.00$
16 Swale Regrading 150 LF 45.00$ 6,750.00$ 50.00$ 7,500.00$ $14.40 2,160.00$ 10.00 1,500.00$ 12.00$ 1,800.00$
17 Rip Rap 25 SY 425.00$ 10,625.00$ 250.00$ 6,250.00$ $55.20 1,380.00$ 50.00 1,250.00$ 145.00$ 3,625.00$
18 Roadway Removal/Patch 405 SY 45.00$ 18,225.00$ 65.00$ 26,325.00$ $45.00 18,225.00$ 90.00 36,450.00$ 75.00$ 30,375.00$
19 Concrete Valley Gutter 20 LF 450.00$ 9,000.00$ 40.00$ 800.00$ $66.00 1,320.00$ 45.00 900.00$ 50.00$ 1,000.00$
20 Concrete Valley Gutter Repair 20 LF 550.00$ 11,000.00$ 50.00$ 1,000.00$ $66.00 1,320.00$ 50.00 1,000.00$ 50.00$ 1,000.00$
21 Concrete Flume 45 LF 325.00$ 14,625.00$ 50.00$ 2,250.00$ $58.00 2,610.00$ 30.00 1,350.00$ 30.00$ 1,350.00$
22 Water Service Adjustment/Repair 5 EA 2,500.00$ 12,500.00$ 500.00$ 2,500.00$ $1,020.00 5,100.00$ 1,000.00 5,000.00$ 1,350.00$ 6,750.00$
23 Sanitary Sewer Service Adjustment 11 EA 1,500.00$ 16,500.00$ 750.00$ 8,250.00$ $1,014.00 11,154.00$ 1,700.00 18,700.00$ 950.00$ 10,450.00$
24 Concrete Sidewalk Removal, Disposal and
Replacement 15 SY 2,100.00$ 31,500.00$ 70.00$ 1,050.00$ $125.00 1,875.00$ 70.00 1,050.00$ 65.00$ 975.00$
25 Paver Sidewalk Removal and Replacement 20 SY 1,200.00$ 24,000.00$ 90.00$ 1,800.00$ $99.00 1,980.00$ 70.00 1,400.00$ 115.00$ 2,300.00$
26 Concrete Drive Removal, Disposal, and Replacement 125 SY 65.00$ 8,125.00$ 70.00$ 8,750.00$ $58.00 7,250.00$ 70.00 8,750.00$ 65.00$ 8,125.00$
27 Asphalt Drive Removal/Replacement 595 SY 25.00$ 14,875.00$ 55.00$ 32,725.00$ $40.00 23,800.00$ 100.00 59,500.00$ 75.00$ 44,625.00$
28 Furnish/Install Mailbox 21 EA 160.00$ 3,360.00$ 250.00$ 5,250.00$ $375.00 7,875.00$ 150.00 3,150.00$ 275.00$ 5,775.00$
29 Miscellaneous Contingency Allowance 1 LS $25,000.00 25,000.00$ $25,000.00 25,000.00$ $25,000.00 25,000.00$ 25,000.00 25,000.00$ $25,000.00 25,000.00$
Total Base Bid 313,329.09$ 342,410.00$ 364,991.00$ 391,251.40$ 399,130.00$
dewatering. Award will be made based on the lowest total Base Bid.
ALTERNATE A
DESCRIPTION QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
16 Swale Regrading 95 LF 12.00$ 1,140.00$ 65.00$ 6,175.00$ $14.40 1,368.00$ $10.00 950.00$ 75.00$ 7,125.00$
30 12" Polypropylene 24 LF 45.00$ 1,080.00$ 25.00$ 600.00$ $40.00 960.00$ $36.72 881.28$ 130.00$ 3,120.00$
31 12" Yard Drain 2 EA 3,500.00$ 7,000.00$ 1,000.00$ 2,000.00$ $855.00 1,710.00$ $1,320.00 2,640.00$ 2,450.00$ 4,900.00$
Total Bid 9,220.00$ 8,775.00$ 4,038.00$ 4,471.28$ 15,145.00$
ALTERNATE B
DESCRIPTION QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
6 Existing Storm Structure Removal and Disposal 1 EA 8,500.00$ 8,500.00$ 2,000.00$ 2,000.00$ $630.00 630.00$ $1,000.00 1,000.00$ 2,200.00$ 2,200.00$
8 Existing Structure Modification 1 EA 4,500.00$ 4,500.00$ 1,500.00$ 1,500.00$ $1,380.00 1,380.00$ $1,500.00 1,500.00$ 1,800.00$ 1,800.00$
14 15" RCP 86 LF 10.35$ 890.10$ 45.00$ 3,870.00$ $78.00 6,708.00$ $42.72 3,673.92$ 140.00$ 12,040.00$
30 12" Polypropylene 122 LF 45.00$ 5,490.00$ 25.00$ 3,050.00$ $40.00 4,880.00$ $42.72 5,211.84$ 120.00$ 14,640.00$
31 12" Yard Drain 2 EA 3,500.00$ 7,000.00$ 1,000.00$ 2,000.00$ $855.00 1,710.00$ $1,595.00 3,190.00$ 2,450.00$ 4,900.00$
Total Bid 26,380.10$ 12,420.00$ 15,308.00$ 14,575.76$ 35,580.00$
Material Manufacturers
List of Major Subcontractors
Statement of Experience of Bidder
Tench Safety Act
Immigration Law Affidavit
E-Verify
Subsitute W-9
Bid Bond
Bidders Check List
Insurance and Bonding Form
Division of Corporations
Opened by: Kristofer Lopez 2/07/17
Witnessed by: Lissett De La Rosa 2/07/17
Y Y Y
Y Y Y
Quality Enterprises USA, Inc.Mitchell & Stark Construction Co., Inc.Coastal Concrete Products, LLC
NOTE: All excavation shall be unclassified, no extra payment shall be made for rock excavation or
JRL Underground
Utilities, Inc.Stage Door II, Inc.
Y
Y
Y
Y
Y
Y
y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
N
Y
Y Y Y
Y Y Y Y
Y N Y
Y Y Y
Y Y Y
Y Y Y
Y Y N
Y Y Y
Y Y Y
16.B.2.a
Packet Pg. 580 Attachment: 17-7067 Bid Tabulation 1 (2828 : Karen Drive Stormwater Improvement Bid and Contract)
Procurement Strtegist: Kristofer Lopez
Project Manager: Elly McKuen
Bid Tabulation No. 17-7067
Karen Drive Stormwater Improvements
Notifications Sent: 2172
Downloaded: 87
Submitted: 5
16.B.2.a
Packet Pg. 581 Attachment: 17-7067 Bid Tabulation 1 (2828 : Karen Drive Stormwater Improvement Bid and Contract)
SAM Search Results
List of records matching your search for :
Search Term : jrl* undergeround*
Record Status: Active
No Search Results
February 24, 2017 12:00 PM Page 1 of 1
16.B.2.c
Packet Pg. 582 Attachment: 17-7067 SAM Compliant Version (2828 : Karen Drive Stormwater Improvement Bid and Contract)
16.B.2.d
Packet Pg. 583 Attachment: NORA (2828 : Karen Drive Stormwater Improvement Bid and Contract)
1
Construction Services Agreement for Grant Funded Projects: 11032016
Karen Drive Stormwater Improvements
COLLIER COUNTY BID NO. 17-7067
COLLIER COUNTY, FLORIDA
Kristofer Lopez, Procurement Strategist
Email: kristoferlopez@colliergov.net
Telephone: (239) 252 - 8944
FAX: (239) 252 - 2860
Design Professional:
Q. Grady Minor & Associates, P.A.
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Construction Services Agreement for Grant Funded Projects: 11032016
TABLE OF CONTENTS
PUBLIC NOTICE .......................................................................................................................................... 3
PART B - INSTRUCTIONS TO BIDDERS ................................................................................................... 5
CONSTRUCTION BID ................................................................................................................................ 12
BID SCHEDULE ......................................................................................................................................... 13
MATERIAL MANUFACTURERS ............................................................................................................... 15
LIST OF MAJOR SUBCONTRACTORS .................................................................................................... 16
STATEMENT OF EXPERIENCE OF BIDDER ........................................................................................... 17
TRENCH SAFETY ACT .............................................................................................................................. 18
IMMIGRATION LAW AFFIDAVIT CERTIFICATION ................................................................................. 19
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W – 9 ..................................................................... 20
BID BOND................................................................................................................................................... 24
BIDDERS CHECK LIST ............................................................................................................................. 25
CONSTRUCTION AGREEMENT ............................................................................................................... 26
EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................................................................. 33
EXHIBIT A 2: PUBLIC PERFORMANCE BOND ....................................................................................... 36
EXHIBIT B: INSURANCE REQUIREMENTS ............................................................................................. 39
INSURANCE AND BONDING REQUIREMENTS ...................................................................................... 41
EXHIBIT C: RELEASE AND AFFIDAVIT FORM ....................................................................................... 43
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ..................................................... 45
EXHIBIT E: CHANGE ORDER ................................................................................................................... 46
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION ............................................................... 47
EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................................................................. 49
EXHIBIT H: GENERAL TERMS AND CONDITIONS ................................................................................ 51
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ...................................................................... 80
EXHIBIT J: TECHNICAL SPECIFICATIONS ............................................................................................. 81
EXHIBIT K: PERMITS ................................................................................................................................ 82
EXHIBIT L: STANDARD DETAILS ............................................................................................................ 83
EXHIBIT M: PLANS AND SPECIFICATIONS ........................................................................................... 84
EXHIBIT N: CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT ............................... 85
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Construction Services Agreement for Grant Funded Projects: 11032016
PUBLIC NOTICE
INVITATION TO BID
Karen Drive Storm Water Improvements
COUNTY BID NO. 17-7067
Notice is hereby given, that Collier County will receive bids in response to Solicitation #17-
7067 for the project known as Karen Drive Stormwater Improvements. This solicitation is
for the construction of a stormwater drainage conveyance system. Funding for this project is
provided by the Collier County Division of Community and Human Services and the Department
of Housing and Urban Development (HUD) using Community Development Block Grant (CDBG)
funds. Federal Regulations during construction will be enforced, including Davis Bacon and
Related Acts for wage rates.
All sealed bids must be received no later than February 7, 2017 @ 3:00 PM Naples local time
and will be submitted electronically through the Collier County online bidding platform,
http://bid.colliergov.net/. Bids will be publically opened on February 7, 2017 @ 3:00 PM at
Collier County Procurement Services Division Conference Room A, 3327 Tamiami Trail East,
Naples, Florida. Bidding documents, specifications, bid requirements and plans may be
obtained from http://bid.colliergov.net/ or by contacting Kristofer Lopez at 239-252-8944.
A non-mandatory pre-bid meeting will be held on January 19, 2017, 11:00 PM, and Naples
local time; at Procurement Services Division Conference Room B, 3327 Tamiami Trail East,
Naples, Fl. Interested parties may call 239-252-8944 for more details and information.
Minority, female-owned and small businesses are encouraged to submit bids for this project.
Licensed Contractors are encouraged to solicit bids from minority and female-owned
subcontractors, efforts for such should be documented. A current listing of certified minority and
female business can be located at:
http://www.dms.myflorida.com/other_programs/office_of_supplier_diversity_osd
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.) An
award shall be based on the lowest responsive bid offer with preference given to qualified
Section 3 Business Concerns in accordance with Collier County’s Purchasing Department’s
“right to match” guidelines. Visit http://www.colliergov.net/index.aspx?page=7432 for
additional information regarding registration as a Section 3 business.
All applicable laws, ordinances, and the rules and regulations of all authorities having
jurisdiction over construction of this project shall apply to the project throughout.
Collier County complies with the Fair Housing Act (42 U.S.C. 3600, et seq) and County Fair
Housing Ordinance 92-9.
One contract will be awarded for all Work. Bidding Documents may be examined on the Collier
County Procurement Services Division Online Bidding System website: www.colliergov.net/bid.
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Construction Services Agreement for Grant Funded Projects: 11032016
Copies of the Bidding Documents may be obtained only from the denoted website. Bidding
Documents obtained from sources other than the Collier County Procurement Services Division
website may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers 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 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 7th day of January, 2017.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Edward F. Coyman, Jr.
Director, Procurement Services Division
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Construction Services Agreement for Grant Funded Projects: 11032016
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 reference d
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 forms herein furnished by the Owner pages
14 – 26 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 must submit the bid documents electronically at http://bid.colliergov.net/. The Bid
may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of
any kind.
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 cashiers 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 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
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Construction Services Agreement for Grant Funded Projects: 11032016
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 two (2) 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, responsible 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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Construction Services Agreement for Grant Funded Projects: 11032016
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 Procurement Services Division, 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.
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Construction Services Agreement for Grant Funded Projects: 11032016
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 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 Procurement Ordinance and policies.
11.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive
and Responsible 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 responsible
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 Procurement professional of the Owner’s
Procurement Services Division or his or her designee and delivered to the intended awardee or
mailed to awardee at the business address shown in the Bid.
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Construction Services Agreement for Grant Funded Projects: 11032016
11.3 Award recommendations will be posted outside the offices of the Procurement Services
Division 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
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
Procurement Ordinance and policies. A copy of the Procurement Ordinance and policies is
available at http://www.colliergov.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 (Florida 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.org/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.
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Construction Services Agreement for Grant Funded Projects: 11032016
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, as amended,
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 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 III,
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.
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Construction Services Agreement for Grant Funded Projects: 11032016
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.”
BID SCHEDULE
BID NO 17-7067
KAREN DRIVE STORMWATER IMPROVEMENT PROJECT
DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
1 Mobilization / Demobilization 1 LS 14,639.00$
2 Project Sign 1 EA 1,300.00 1,300.00$
3 Survey Layout and Record Drawings 1 LS 10,000.00 10,000.00$
4 Stormwater Pollution Plan 1 LS 9,000.00 9,000.00$
5 Maintenance of Traffic 1 LS 4,500.00 4,500.00$
6 Existing Storm Structure Removal and Disposal 2 EA 8,500.00 17,000.00$
7 Existing Storm Culvert Removal and Disposal 50 LF 71.12 3,556.00$
8 Existing Structure Modification 2 EA 2,500.00 5,000.00$
9 Type C Inlet 5 EA 741.86 3,709.30$
10 Type J Junction Box 2 EA 762.43 1,524.86$
11 Valley Gutter Inlet 3 EA 1,444.07 4,332.21$
12 24" RCP 1368 LF 22.2 30,369.60$
13 18" RCP 44 LF 14.63 643.72$
14 15" RCP 100 LF 10.35 1,035.00$
15 Mitered End Section - 24"2 EA 317.2 634.40$
16 Swale Regrading 150 LF 45 6,750.00$
17 Rip Rap 25 SY 425 10,625.00$
18 Roadway Removal/Patch 405 SY 45 18,225.00$
19 Concrete Valley Gutter 20 LF 450 9,000.00$
20 Concrete Valley Gutter Repair 20 LF 550 11,000.00$
21 Concrete Flume 45 LF 325 14,625.00$
22 Water Service Adjustment/Repair 5 EA 2500 12,500.00$
23 Sanitary Sewer Service Adjustment 11 EA 1,500.00 16,500.00$
24 Concrete Sidewalk Removal, Disposal and
Replacement 15 SY 2100 31,500.00$
25 Paver Sidewalk Removal and Replacement 20 SY 1200 18,000.00$
26 Concrete Drive Removal, Disposal, and Replacement 125 SY 65 8,125.00$
27 Asphalt Drive Removal/Replacement 595 SY 25 14,875.00$
28 Furnish/Install Mailbox 21 EA 160 3,360.00$
29 Miscellaneous Contingency Allowance 1 LS $25,000.00 25,000.00$
Total Base Bid 313,329.09$
dewatering. Award will be made based on the lowest total Base Bid.
ALTERNATE A
DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
16 Swale Regrading 95 LS 12 1,140.00$
30 12" Polypropylene 24 LF 45 1,080.00$
NOTE: All excavation shall be unclassified, no extra payment shall be made for rock excavation or
13
31 12" Yard Drain 2 EA 3,500.00 7,000.00$
Total Bid 9,220.00$
ALTERNATE B
DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
6 Existing Storm Structure Removal and Disposal 1 EA 8,500.00 8,500.00$
8 Existing Structure Modification 1 EA 4,500 4,500.00$
14 15" RCP 86 LF 10.35 890.10$
30 12" Polypropylene 122 LF 45 5,490.00$
31 12" Yard Drain 2 EA 3,500.00 7,000.00$
Total Bid 26,380.10$
14
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Company ID Number:
THE E-VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States
after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of
Understanding (MOU) explains certain features of the E-Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility
Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE II
RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system:
a. Notice of E-Verify Participation
b. Notice of Right to Work
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives’ contact information changes.
3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access.
Employers must promptly terminate an employee’s E-Verify access if the employer is separated from
the company or no longer needs access to E-Verify.
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The parties to this agreement are the Department of Homeland Security (DHS) and the
JRL UNDERGROUND UTILITIES INC (Employer). The purpose of this agreement is to set forth
terms and conditions which the Employer will follow while participating in E-Verify.
Page 2 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
4. The Employer agrees to become familiar with and comply with the most recent version of the
E-Verify User Manual.
5. The Employer agrees that any Employer Representative who will create E-Verify cases will
complete the E-Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial
will prevent the Employer Representative from continued use of E-Verify.
6. The Employer agrees to comply with current Form I-9 procedures, with two exceptions:
a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List
B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can
be presented during the Form I-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons, the Employer should contact E-Verify at
888-464-4218.
b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766
(Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9,
the Employer agrees to make a photocopy of the document and to retain the photocopy with the
employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees contest. DHS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right
to present any List A, or List B and List C, document(s) to complete the Form I-9.
7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print
the screen containing the case verification number and attach it to the employee's Form I-9.
8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to
complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other
requirements of applicable regulations or laws, including the obligation to comply with the
antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures.
a. The following modified requirements are the only exceptions to an Employer’s obligation to not
employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B
identity documents must have photos, as described in paragraph 6 above; (2) When an Employer
confirms the identity and employment eligibility of newly hired employee using E-Verify procedures,
the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of
the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the
Employer receives a final nonconfirmation for an employee, but continues to employ that person,
the Employer must notify DHS and the Employer is subject to a civil money penalty between $550
and $1,100 for each failure to notify DHS of continued employment following a final
nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final
nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly
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employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant
is civilly or criminally liable under any law for any action taken in good faith based on information
provided through the E-Verify.
b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other
enforcement or compliance activity authorized by law, including site visits, to ensure proper use of
E-Verify.
9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been
hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was
completed. The Employer agrees to create an E-Verify case for new employees within three Employer
business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been
completed), and to complete as many steps of the E-Verify process as are necessary according to the
E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended
until it is again operational in order to accommodate the Employer's attempting, in good faith, to make
inquiries during the period of unavailability.
10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in
support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User
Manual does not authorize.
11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively
and will not verify employees hired before the effective date of this MOU. Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU.
12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative
nonconfirmations. The Employer must promptly notify employees in private of the finding and provide
them with the notice and letter containing information specific to the employee’s E-Verify case. The
Employer agrees to provide both the English and the translated notice and letter for employees with
limited English proficiency to employees. The Employer agrees to provide written referral instructions
to employees and instruct affected employees to bring the English copy of the letter to the SSA. The
Employer must allow employees to contest the finding, and not take adverse action against employees
if they choose to contest the finding, while their case is still pending. Further, when employees contest
a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps
(see Article III.B. below) to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the verification
request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee
is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated
verification system to verify work authorization, a tentative nonconfirmation, a case in continuance
(indicating the need for additional time for the government to resolve a case), or the finding of a photo
mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work
authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest
the finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee’s perceived employment eligibility status
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(including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee’s employment.
Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-
4218 (customer service) or 1-888-897-7781 (worker hotline).
14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of
the INA as applicable by not discriminating unlawfully against any individual in hiring, firing,
employment eligibility verification, or recruitment or referral practices because of his or her national
origin or citizenship status, or by committing discriminatory documentary practices. The Employer
understands that such illegal practices can include selective verification or use of E-Verify except as
provided in part D below, or discharging or refusing to hire employees because they appear or sound
“foreign” or have received tentative nonconfirmations. The Employer further understands that any
violation of the immigration-related unfair employment practices provisions in section 274B of the INA
could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of
Title VII could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision,
it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the
employment eligibility of employees as authorized by this MOU. The Employer agrees that it will
safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it
is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that
it is not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
16. The Employer agrees to notify DHS immediately in the event of a breach of personal information.
Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when
sending a breach report to E-Verify.
17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy
Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who
obtains this information under false pretenses or uses it for any purpose other than as provided for in
this MOU may be subject to criminal penalties.
18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon
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reasonable notice, to review Forms I-9 and other employment records and to interview it and its
employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner
to DHS requests for information relating to their participation in E-Verify.
19. The Employer shall not make any false or unauthorized claims or references about its participation
in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its
services as federally-approved, federally-certified, or federally-recognized, or use language with a
similar intent on its website or other materials provided to the public. Entering into this MOU does not
mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used
therein has been provided or approved by DHS, USCIS or the Verification Division, without first
obtaining the prior written consent of DHS.
21. The Employer agrees that E-Verify trademarks and logos may be used only under license by
DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not
be used in any manner that might imply that the Employer’s services, products, websites, or
publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.
22. The Employer understands that if it uses E-Verify procedures for any purpose other than as
authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its
participation in E-Verify according to this MOU.
B. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment
verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most
current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify
Supplemental Guide for Federal Contractors.
2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands
that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the
FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in
FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer
may not create a second case for the employee through E-Verify.
a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract
award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of
contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires
using E-Verify. The Employer must verify those employees who are working in the United States,
whether or not they are assigned to the contract. Once the Employer begins verifying new hires,
such verification of new hires must be initiated within three business days after the hire date. Once
enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees
assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee’s assignment to the contract, whichever date is later.
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b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E-Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who
are working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee’s assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract. After
enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E-Verify verification of all existing employees within 180 days after the election.
e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify
case for an employee assigned to a contract as long as:
i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6,
ii. The employee’s work authorization has not expired, and
iii. The Employer has reviewed the Form I-9 information either in person or in
communications with the employee to ensure that the employee’s Section 1, Form I-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the
previous Form I-9 to provide the necessary information if:
i. The Employer cannot determine that Form I-9 complies with Article II.A.6,
ii. The employee’s basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form I-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with
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Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after
completing Form I-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual.
g. The Employer agrees not to require a second verification using E-Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article.
3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer’s compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA’s
database.
2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA
also agrees to limit access to such information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E-Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a),
the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E-Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that
more than eight days may be necessary. In such cases, SSA will provide additional instructions to the
employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final
nonconfirmation to the employer.
Note: If an Employer experiences technical problems, or has a policy question, the employer should
contact E-Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from DHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and
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b. Photo verification checks (when available) on employees.
2. DHS agrees to assist the Employer with operational problems associated with the Employer's
participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an
E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use of E-Verify.
4. DHS agrees to train Employers on all important changes made to E-Verify through the use of
mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to
E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in
E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of
Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S. Department of Justice.
6. DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and
password that permits them to log in to E-Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
information to individuals responsible for the verification process, for evaluation of E-Verify, or to such
other persons or entities as may be authorized by applicable law. Information will be used only to verify
the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal
criminal laws, and to administer Federal contracting requirements.
8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA
verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility
within three Federal Government work days of the initial inquiry.
9. DHS agrees to provide a means of secondary verification (including updating DHS records) for
employees who contest DHS tentative nonconfirmations and photo mismatch tentative
nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment
eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS
determines that more than 10 days may be necessary. In such cases, DHS will provide additional
verification instructions.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the
notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding
and provide them with the notice and letter containing information specific to the employee’s E-Verify
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case. The Employer also agrees to provide both the English and the translated notice and letter for
employees with limited English proficiency to employees. The Employer agrees to provide written
referral instructions to employees and instruct affected employees to bring the English copy of the letter
to the SSA. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee’s response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as
directed by E-Verify. The Employer must record the case verification number, review the employee
information submitted to E-Verify to identify any errors, and find out whether the employee contests the
tentative nonconfirmation. The Employer will transmit the Social Security number, or any other
corrected employee information that SSA requests, to SSA for verification again if this review indicates
a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSN from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly
notify employees in private of the finding and provide them with the notice and letter containing
information specific to the employee’s E-Verify case. The Employer also agrees to provide both the
English and the translated notice and letter for employees with limited English proficiency to
employees. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee’s response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a
tentative nonconfirmation.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the
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employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or
passport card to DHS for review by:
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).
7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the
Employer must forward the employee’s documentation to DHS as described in the preceding
paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will
determine the photo match or mismatch.
8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The
Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an
Employer will need a personal computer with Internet access.
ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the
SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify
checking against additional data sources and instituting new verification policies or procedures, will be
covered under this MOU and will not cause the need for a supplemental MOU that outlines these
changes.
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B. TERMINATION
1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days
prior written notice to the other parties.
2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the
Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E-Verify procedures and/or legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state
where E-Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer’s business.
3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that
requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor
must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such
notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this
MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify
procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer
is terminated from E-Verify.
ARTICLE VI
PARTIES
A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and
SSA and DHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against the Employer, its agents, officers, or employees.
C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or
merger, all or any part of its rights or obligations under this MOU without the prior written consent of
DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations herein is void.
D. Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but
not limited to) any dispute between the Employer and any other person or entity regarding the
applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
E. The Employer understands that its participation in E-Verify is not confidential information and may be
disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,
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Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with
Federal contractual requirements, and responses to inquiries under the Freedom of Information Act
(FOIA).
F. The individuals whose signatures appear below represent that they are authorized to enter into this
MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate
statement, representation, data or other information provided to DHS may subject the Employer, its
subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to
18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or
suspension.
G.The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the
signature page. If you have any questions, contact E-Verify at 1-888-464-4218.
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Company ID Number:
Approved by:
Employer
Name (Please Type or Print)Title
Signature Date
Department of Homeland Security – Verification Division
Name (Please Type or Print)Title
Signature Date
1168869
JRL UNDERGROUND UTILITIES INC
JEAN LAGUERRE
Electronically Signed 02/09/2017
USCIS Verification Division
Electronically Signed 02/09/2017
Page 14 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
Information Required for the E-Verify Program
Information relating to your Company:
Company Name
Company Facility Address
Company Alternate Address
County or Parish
Employer Identification Number
North American Industry
Classification Systems Code
Parent Company
Number of Employees
Number of Sites Verified for
1168869
JRL UNDERGROUND UTILITIES INC
3352 POINSETTIA AVE
NAPLES, FL 34104
COLLIER
261905210
238
1 to 4
1
Page 1 of 1 E-Verify MOU for Employers| Revision Date 06/01/13
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1168869
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Page 1 of 1 E-Verify MOU for Employers | Revision Date 06/01/13
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1168869
Name JEAN R LAGUERRE
Phone Number (239) 919 - 0045
Fax Number (239) 302 - 6889
Email Address CDRSPROFF@ME.COM
Page 1 of 1 E-Verify MOU for Employers | Revision Date 06/01/13
&RPSDQ\,'1XPEHU 1168869
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Detail by Entity Name
http://search.sunbiz.org/...-419d-a96e-55af68111aa0&searchTerm=laguerre&listNameOrder=LAGUERRECARIBBEANMARKET%20P110000265260[2/9/2017 3:48:11 PM]
Department of State /Division of Corporations /Search Records /Detail By Document Number /
Document Number
FEI/EIN Number
Date Filed
Effective Date
State
Status
Last Event
Event Date Filed
Event Effective Date
Previous On List Next On List Return to List
Events Name History
Detail by Entity Name
Florida Profit Corporation
JRL UNDERGROUND UTILITIES, INC.
Filing Information
P08000012835
26-1905210
02/04/2008
02/04/2008
FL
ACTIVE
AMENDMENT AND NAME CHANGE
03/08/2016
NONE
Principal Address
3903 Martin Luther King Blvd
#15
FORT MYERS, FL 33916
Changed: 02/11/2014
Mailing Address
3352 Poinsettia Avenue
Naples, FL 34104
Changed: 04/28/2015
Registered Agent Name & Address
LAGUERRE, JEAN ROGER
DIVISION OF CORPORATIONSFlorida Department of State
laguerre
Search
Detail by Entity Name
http://search.sunbiz.org/...-419d-a96e-55af68111aa0&searchTerm=laguerre&listNameOrder=LAGUERRECARIBBEANMARKET%20P110000265260[2/9/2017 3:48:11 PM]
3352 POINSETTIA AVENUE
NAPLES, FL 34104
Name Changed: 01/15/2012
Officer/Director Detail
Name & Address
Title VP
LAGUERRE, JENNIFER
3352 POINSETTIA AVENUE
NAPLES, FL 34104
Title P
LAINE, LINSKY T
3352 POINSETTIA AVENUE
NAPLES, FL 34104
Title CEO
Laguerre, Jean Roger
3352 Poinsettia Avenue
Naples, FL 34104
Annual Reports
Report Year Filed Date
2015 04/28/2015
2016 04/04/2016
2017 01/06/2017
Document Images
01/06/2017 -- ANNUAL REPORT View image in PDF format
04/04/2016 -- ANNUAL REPORT View image in PDF format
03/08/2016 -- Amendment and Name Change View image in PDF format
04/28/2015 -- ANNUAL REPORT View image in PDF format
02/11/2014 -- ANNUAL REPORT View image in PDF format
01/31/2013 -- ANNUAL REPORT View image in PDF format
01/02/2013 -- Amendment View image in PDF format
01/15/2012 -- ANNUAL REPORT View image in PDF format
10/20/2011 -- Amendment View image in PDF format
01/31/2011 -- ANNUAL REPORT View image in PDF format
06/24/2010 -- ANNUAL REPORT View image in PDF format
Detail by Entity Name
http://search.sunbiz.org/...-419d-a96e-55af68111aa0&searchTerm=laguerre&listNameOrder=LAGUERRECARIBBEANMARKET%20P110000265260[2/9/2017 3:48:11 PM]
01/08/2009 -- ANNUAL REPORT View image in PDF format
02/04/2008 -- Domestic Profit View image in PDF format
Previous On List Next On List Return to List
Events Name History
Florida Department of State, Division of Corporations
laguerre
Search
25
Construction Services Agreement for Grant Funded Projects: 08012016
T H I S S H E E T M U S T B E S I G N E D B Y V E N D O R
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Procurement Services Division
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. All required grant forms listed on page 35 of the file entitled “Exhibit I – Supplemental
Conditions 12.15.16”.
10. Any addenda have been signed and included in the electronic bid.
11. The Bid will be submitted electronically before the opening date and time, otherwise Bid
cannot be considered.
12. When 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.
1
Construction Services Agreement for Grant Funded Projects: 11032016
Karen Drive Storm Water Improvements
COLLIER COUNTY BID NO. 17-7067
COLLIER COUNTY, FLORIDA
Kristofer Lopez, Procurement Strategist
Email: kristoferlopez@colliergov.net
Telephone: (239) 252 - 8944
FAX: (239) 252 - 6591
Design Professional:
Q. Grady Minor & Associates, P.A.
2
Construction Services Agreement for Grant Funded Projects: 11032016
TABLE OF CONTENTS
PUBLIC NOTICE ..........................................................................................................................................3
PART B - INSTRUCTIONS TO BIDDERS ...................................................................................................5
CONSTRUCTION BID................................................................................................................................12
BID SCHEDULE .........................................................................................................................................13
MATERIAL MANUFACTURERS ...............................................................................................................14
LIST OF MAJOR SUBCONTRACTORS ...................................................................................................15
STATEMENT OF EXPERIENCE OF BIDDER ...........................................................................................15
TRENCH SAFETY ACT .............................................................................................................................17
IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................................................................18
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W – 9 .....................................................................19
BID BOND ..................................................................................................................................................23
BIDDERS CHECK LIST .............................................................................................................................24
CONSTRUCTION AGREEMENT ...............................................................................................................25
EXHIBIT A 1: PUBLIC PAYMENT BOND .................................................................................................32
EXHIBIT A 2: PUBLIC PERFORMANCE BOND.......................................................................................35
EXHIBIT B: INSURANCE REQUIREMENTS ............................................................................................38
INSURANCE AND BONDING REQUIREMENTS ......................................................................................40
EXHIBIT C: RELEASE AND AFFIDAVIT FORM.......................................................................................42
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT .....................................................43
EXHIBIT E: CHANGE ORDER ..................................................................................................................44
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION ...............................................................45
EXHIBIT G: FINAL PAYMENT CHECKLIST .............................................................................................47
EXHIBIT H: GENERAL TERMS AND CONDITIONS ................................................................................49
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ......................................................................78
EXHIBIT J: TECHNICAL SPECIFICATIONS ............................................................................................79
EXHIBIT K: PERMITS ................................................................................................................................80
EXHIBIT L: STANDARD DETAILS ............................................................................................................81
EXHIBIT M: PLANS AND SPECIFICATIONS ...........................................................................................82
EXHIBIT N: CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............................83
3
Construction Services Agreement for Grant Funded Projects: 11032016
PUBLIC NOTICE
INVITATION TO BID
Karen Drive Storm Water Improvements
COUNTY BID NO. 17-7067
Separate sealed bids for the construction of Karen Drive Storm Water Improvements,
addressed to Edward F. Coyman, Jr., Director, Procurement Services, will be received at the
Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL
34112, until 2:30 P.M. LOCAL TIME, on the 10 day of 11, 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:
$320,000.
A non-mandatory pre-bid conference shall be held at the Procurement Services Division,
Conference Room A, at 13 a.m. LOCAL TIME on the 14 day of 15, at which time all prospective
Bidders may have questions answered regarding the Bidding Documents for this Project.
16[In instances where the Owner has deemed the pre-bid to be Mandatory, the Bidder's
failure to attend the pre-bid conference shall result in the rejection of its bid.]
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Karen Drive Storm Water Improvements Bid No. 17-7067 and Bid
Date of 18". 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 Procurement Services Division 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 Procurement Services Division
website may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers 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 State of Florida. Further, the said surety or
insurance company shall be duly licensed and qualified to do business in the State of Florida.
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Construction Services Agreement for Grant Funded Projects: 11032016
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 21 day of December, 2016.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:/s/ Edward F. Coyman, Jr.
Director, Procurement Services Division
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Construction Services Agreement for Grant Funded Projects: 11032016
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
14 – 26 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 Procurement Services Division, 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.
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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 cashiers 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 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.
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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.
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 Procurement Services Division, 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.
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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 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 Procurement Ordinance and policies.
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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 Procurement professional of the Owner’s Procurement
Services Division or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
11.3 Award recommendations will be posted outside the offices of the Procurement Services
Division 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
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
Procurement Ordinance and policies. A copy of the Procurement Ordinance and policies is
available at http://www.colliergov.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 (Florida 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.org/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
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Construction Services Agreement for Grant Funded Projects: 11032016
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, as amended,
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 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 III,
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.
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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.”
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CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Karen Drive Storm Water Improvements
BID NO. 17-7067
Full Name of Bidder
Main Business Address
Place of Business
Telephone No. Fax No.
State Contractor's License #
State of Florida Certificate of Authority Document Number ___________________
Federal Tax Identification Number ______________________________________
DUNS # _____________ CCR# _____________ Cage Code _____________
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 Procurement staff.
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid
pages.
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BID SCHEDULE
Karen Drive Storm Water Improvements
Bid No. 17-7067
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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:
__________________________________________________________________
Signature:
_________________________________________________
Date: _________
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
1.
2.
3.
4.
5.
Please insert additional pages as necessary.
Company:
__________________________________________________________________
Signature:
_________________________________________________
Date: _________
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LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the major
categories outlined in the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the
major categories listed herein are “qualified” (as defined in Ordinance 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
Work Subcontractor and Address
1.Electrical
2.Mechanical
3.Plumbing
4.Site Work
5.Identify other
subcontractors that
represent more
than 10% of price
or that affect the
critical path of the
schedule
Company:
__________________________________________________________________
Signature:
_________________________________________________
Date: _________
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.
2.
3.
4.
5.
6.
Company:
__________________________________________________________________
Signature:
_________________________________________________
Date: _________
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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
Measure
(Description)
Units of
Measure
(LF,SY)
Unit
(Quantity)
Unit
Cost
Extended
Cost
1.
2.
3.
4.
5.
TOTAL $
Failure to complete the above may result in the Bid being declared non-responsive.
Company:
__________________________________________________________________
Signature:
_________________________________________________
Date: _________
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Immigration Law Affidavit Certification
Solicitation: 17-7067 Karen Drive Storm Water Improvements
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB’s) 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
include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor /
Bidder’s proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)
of the Immigration and Nationality Act (“INA”).
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of
the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall
be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with
E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor’s / Bidder’s proposal.
Company Name ____________________________________________________________________
Print Name Title _______________________
Signature Date _______________________
State of ___________________
County of _________________
The foregoing instrument was signed and acknowledged before me this ______day of ________________,
20___, by
_______________________________ who has produced _____________________________ as identification.
(Print or Type Name) (Type of Identification and Number)
_____________________________________
Notary Public Signature
_____________________________________
Printed Name of Notary Public
_____________________________________
Notary Commission Number/Expiration
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.
19
Construction Services Agreement for Grant Funded Projects: 11032016
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 (provide all information)
Taxpayer Name ___________________________________________________________________________________
(as shown on income tax return)
Business Name ___________________________________________________________________________________
(if different from taxpayer name)
Address ____________________________________City _______________________________________________
State ______________________________________Zip ________________________________________________
Telephone __________________FAX ______________________Email __________________________________
Order Information
Address ___________________________________
Remit / Payment Information
Address ____________________________________________
City __________ State ________ Zip ___________City _____________State _________Zip ______________
FAX ______________________________________
Email _____________________________________
FAX ______________________________________________
Email _____________________________________________
2. Company Status (check only one)
Individual / Sole Proprietor Corporation Partnership
Tax Exempt (Federal income tax-exempt entity
under Internal Revenue Service guidelines IRC
501 (c) 3)
Limited Liability Company
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) _______________________________________________________________
(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 penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number ____________
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Construction Services Agreement for Grant Funded Projects: 08012016
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 29 (29)
consecutive calendar days after Substantial Completion, computed by excluding commencement date and
including the last day of such period.
Respectfully Submitted:
State of
County of
, 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.
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Construction Services Agreement for Grant Funded Projects: 08012016
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of _______________, which
operates under the legal name of ______________________________________________, and the full
names of its officers are as follows:
President
Secretary
Treasurer
Manager
The __________________________________ is authorized to sign construction bids and contracts for the
company by action of its Board of Directors taken _____________________________, a certified copy of
which is hereto attached (strike out this last sentence if not applicable).
(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 ________________________.
22
Construction Services Agreement for Grant Funded Projects: 08012016
Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous
page.
DATED
Legal entity
BY:
Witness Name of Bidder (Typed)
Witness Signature
Title
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.:
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Construction Services Agreement for Grant Funded Projects: 08012016
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we _____________________________
________________________________________ (herein after called the Principal) and
_____________________________________________________________________, (herein
called the Surety), a corporation chartered and existing under the laws of the State of
_____________ with its principal offices in the city of ____________________ and authorized
to do business in the State of ______________________ are held and firmly bound unto the
__________________________________________________ (hereinafter called the Owner),
in the full and just sum of ____________________________________________ dollars
($_________________) good and lawful money of the United States of America, to be paid
upon demand of the Owner, to which payment well and truly to be made, the Principal and the
Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and
severally and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all
labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the
Work on the Project known as__________________________:
30
Bid No. 31
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 deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay
to the OBLIGEE the fixed sum of $______________ 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.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be
duly signed and sealed this ______ day of ________________, 20
.
Principal
BY (Seal)
Surety
(Seal)
Countersigned
Local Resident Producing Agent for
24
Construction Services Agreement for Grant Funded Projects: 08012016
T H I S S H E E T M U S T B E S I G N E D B Y V E N D O R
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Procurement Services Division
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
Procurement Services Division
3327 Tamiami Trail E
Naples FL 34112
10.The mailing envelope must be sealed and marked with:
ÛÛBid Number; 17-7067
ÛÛProject Name; Karen Drive Stormwater Improvements
ÛÛOpening Date. January XX, 2017
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
Bidder Name
Signature & Title
Date:
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Construction Services Agreement for Grant Funded Projects: 08012016
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with 32 ("Contractor") of 33, a 34,authorized to do business in the
State of Florida, to perform all work ("Work") in connection with 35, Bid No. 36("Project"), as
said Work is set forth in the Plans and Specifications prepared by 37, 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: 38 Amount of Dollars Described in Words (Dollars in Numbers).
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.
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Construction Services Agreement for Grant Funded Projects: 08012016
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, One Thousand and Ninety-Nine Dollars ($1,099) 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,
27
Construction Services Agreement for Grant Funded Projects: 08012016
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
D.Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days or
working days, the Owner will count default days in calendar days.
E.Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or any
other agreement between Owner and Contractor, as payment on such liquidated damages due
under this Agreement in Owner’s sole discretion. Notwithstanding anything herein to the
contrary, Owner retains its right to liquidated damages due under this Agreement even if
Contractor, at Owner’s election and in its sole discretion, is allowed to continue and to finish the
Work, or any part of it, after the expiration of the Contract Time including granted time
extensions.
F.Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and Owner elects
to complete the Work, in whole or in part, through another contractor or its own forces, the
Contractor and its surety shall continue to be liable for the liquidated damages under the
Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not
charge liquidated damages for any delay in achieving Substantial or Final Completion as a
result of any unreasonable action or delay on the part of the Owner.
G.Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor
in writing that the Work is complete. Once the Owner has approved and accepted the Work,
Contractor shall be entitled to final payment in accordance with the terms of the Contract
Documents.
H.Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a
result of Contractor’s failure to fulfill all of its obligations under the Contract Documents.
Owner’s recovery of any delay related damages under this Agreement through the liquidated
damages does not preclude Owner from recovering from Contractor any other non-delay related
damages that may be owed to it arising out of or relating to this Agreement.
Section 6.Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed to be incorporated by
reference and made a part of this Agreement for Solicitation 17-7067 Karen Drive Storm Water
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
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Construction Services Agreement for Grant Funded Projects: 08012016
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 Grady Minor & Associates
and identified as follows: Plans and Specifications
as shown on Plan Sheets 1 through 9.
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:
44
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:
45
C.Either party may change its above noted address by giving written notice to the other
party in accordance with the requirements of this Section.
Section 8.PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been
informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as
follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity in excess of the threshold amount
provided in s. 287.017 for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list."
Section 9.Modification.
No modification or change to the Agreement shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to be bound by it.
Section 10.Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the parties to the Agreement.
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Construction Services Agreement for Grant Funded Projects: 08012016
Section 11.Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of the
State of Florida.
Section 12.No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of the Agreement shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
Section 13.Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full and
entire agreement between the parties affecting the Work contemplated, and no other agreement
or understanding of any nature concerning the same has been entered into or will be
recognized, and that all negotiations, acts, work performed, or payments made prior to the
execution hereof shall be deemed merged in, integrated and superseded by the Agreement.
Section 14.Severability.
Should any provision of the Agreement be determined by a court to be unenforceable, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
Section 15.Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all Change
Orders and Work Directive Changes to the Agreement to the extent provided for under the
Owner’s Procurement Ordinance 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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Construction Services Agreement for Grant Funded Projects: 08012016
****
31
Construction Services Agreement for Grant Funded Projects: 08012016
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
CONTRACTOR:
TWO WITNESSES:46
_____________________________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:
Date
Chairman
Approved as to Form and Legality:
___________________________
Assistant County Attorney
___________________________
Print Name
32
Construction Services Agreement for Grant Funded Projects: 08012016
EXHIBIT A 1: PUBLIC PAYMENT BOND
Karen Drive Storm Water Improvements
Bond No.
Contract No. 17-7067
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.
33
Construction Services Agreement for Grant Funded Projects: 08012016
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)
34
Construction Services Agreement for Grant Funded Projects: 08012016
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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Construction Services Agreement for Grant Funded Projects: 08012016
EXHIBIT A 2: PUBLIC PERFORMANCE BOND
Karen Drive Storm Water Improvements
Bond No.
Contract No. 17-7067
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.
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.
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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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Construction Services Agreement for Grant Funded Projects: 08012016
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.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the
date of completion and acceptance of the scope of work by the County or as specified in this solicitation,
whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the
County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation,
non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing
contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the
aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have
the aggregate limit reinstated to the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge
the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty
(30) days after demand, the County has the right to offset these costs from any amount due Vendor under this
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Construction Services Agreement for Grant Funded Projects: 08012016
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(s) purchased or the insurance
company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of
work, the 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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Construction Services Agreement for Grant Funded Projects: 08012016
Collier County Florida
INSURANCE AND BONDING REQUIREMENTS
Insurance / Bond Type Required Limits
1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. Employer’s Liability $1,000,000 single limit per occurrence
3. Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
$1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
$__________ single limit per occurrence
4. Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor/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 Contractor/Vendor/Consultant or anyone
employed or utilized by the Contractor/Vendor/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
noted:
Watercraft $ __________ Per Occurrence
United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ __________ Per Occurrence
Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
$ __________ Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ __________ Per Occurrence
Pollution $ __________ Per Occurrence
Professional Liability $__________ Per Occurrence
$1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
Project Professional Liability $__________ Per Occurrence
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Valuable Papers Insurance $__________ Per Occurrence
Employee Dishonesty / Crime $__________ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
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
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted with the
executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as “A-“ or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders’ surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
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.
Thirty (30) Days Cancellation Notice required.
RLC 12/2/2016
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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Construction Services Agreement for Grant Funded Projects: 08012016
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT
Payment, Schedule of Values and Stored Materials Record applications are available for
download at: http://purchasing.colliergov.net/Forms/Forms/AllItems.aspx
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Construction Services Agreement for Grant Funded Projects: 08012016
EXHIBIT E: CHANGE ORDER
An electronic data entry form may be found at:
http://bccsp01/SiteDirectory/ASD/Purchasing/Forms1/Forms/Default.aspx
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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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Construction Services Agreement for Grant Funded Projects: 08012016
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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Construction Services Agreement for Grant Funded Projects: 08012016
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
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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
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responsibilities to perform under the Contract Documents, nor shall it be considered the basis
for any claim for additional time or compensation.
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
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Construction Services Agreement for Grant Funded Projects: 08012016
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 7:00 p.m., Monday through Saturday. No work
shall be performed outside the specified hours or on County Holidays without the prior approval
of the Project Manager.
4.PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to
Project Manager, for their review and approval, a schedule of values based upon the Contract
Price, listing the major elements of the Work and the dollar value for each element. After its
approval by the Project Manager, this schedule of values shall be used as the basis for the
Contractor's monthly Applications for Payment. This schedule shall be updated and submitted
each month along with a completed copy of the Application for Payment form signed by the
Contractor's authorized representative and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to
the Project Manager the list of its Subcontractors and materialmen submitted with its Bid
showing the work and materials involved and the dollar amount of each subcontract and
purchase order. Contractor acknowledges and agrees that any modifications to the list of
Subcontractors submitted with Contractor’s Bid and any subsequently identified Subcontractors
are subject to Owner’s prior written approval. The first Application for Payment shall be
submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding
anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may
submit its invoice for any required Payment and Performance Bonds prior to the first Application
of Payment provided that Contractor has furnished Owner certified copies of the receipts
evidencing the premium paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner’s sole discretion, Owner is not required to make any payment for materials or equipment
that have not been incorporated into the Project. If payment is requested on the basis of
materials and equipment not incorporated into the Project, but delivered and suitably stored at
the site or at another location, and such payment and storage have been agreed to by Owner in
writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other
documentation warranting that the Owner has received the materials and equipment free and
clear of all liens, charges, security interests and encumbrances, together with evidence that the
materials and equipment are covered by appropriate property insurance and other
arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's
satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record attached
hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit 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
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Construction Services Agreement for Grant Funded Projects: 08012016
(3) return the Application for Payment to the Contractor indicating, in writing, the reason for
refusing to approve payment. Payments of proper invoices in the amounts approved shall be
processed and paid in accordance with Section 218.735, F.S. and the administrative procedures
established by the County's Procurement Services Division and the Clerk of Court’s Finance
Department respectively.
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.
4.5 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 through out the
course of the Project schedule. Owner shall reduce the amount of the retainage withheld on
each payment request subsequent to fifty percent (50%) completion subject to the guidelines
set forth in Florida Statute 255.078 and as set forth in the Owner’s Procurement Ordinance and
policies.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.7 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.
4.8 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.
4.9 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.
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4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion
of contract. Any untimely submission of invoices beyond the specified deadline period is subject
to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract. The County maynot
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 Procurement Services Division
and the Clerk of Court’s Finance Department after the Work is finally inspected and accepted by
Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an
explicit condition precedent to the accrual of Contractor's right to final payment, shall have
furnished Owner with a properly executed and notarized copy of the Release and Affidavit
attached as Exhibit C, as well as, a duly executed copy of the Surety’s consent to final payment
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and such other documentation that may be required by the Contract Documents and the Owner.
Prior to release of final payment and final retainage, the Contractor's Representative and the
Project Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all
claims by Contractor against Owner arising out of this Agreement or otherwise relating to the
Project, except those previously made in writing in accordance with the requirements of the
Contract Documents and identified by Contractor as unsettled in its final Application for
Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a
waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of
damages for defective Work not discovered by the Design Professional or Project Manager at
the time of final inspection.
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.
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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
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.
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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
the Project Manager or Design Professional for reference. Upon completion of the Work and as
a condition precedent to Contractor's entitlement to final payment, these "As-Built" record
documents, samples and shop drawings shall be delivered to Project Manager by Contractor for
Owner.
8.3 Contractor shall keep all records and supporting documentation, which concern
or relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later, pursuant to Florida Public Records Law
Chapter 119 and comply with specifically those contractual requirements in
119.0701(2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1.Keep and maintain public records required by the public agency to perform the
service.
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2.Upon request from the public agency’s custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3.Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4.Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency’s custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
8.3 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.
8.4 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.
8.5 No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any
right to damages or additional compensation from Owner. Contractor expressly acknowledges
and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against
Owner will be the right to seek an extension to the Contract Time; provided, however, the
granting of any such time extension shall not be a condition precedent to the aforementioned
"No Damage For Delay" provision. This paragraph shall expressly apply to claims for early
completion, as well as to claims based on late completion.
8.6 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.
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9.CHANGES IN THE WORK.
9.1 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.
9.2 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.
9.3 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.
9.4 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.
9.5 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.
9.6 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
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inconsistent with the intent of the Contract Documents. Such changes may be effected by Field
Order or by other written order. Such changes shall be binding on the Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County Procurement
Ordinance and policies and Administrative Procedures in effect at the time such modifications
are authorized.
10.CLAIMS AND DISPUTES.
10.1 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.
10.2 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.
10.3 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.
11.OTHER WORK.
11.1 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.
11.2 Contractor shall afford each utility owner and other contractor who is a party to such a
direct contract (or Owner, if Owner is performing the additional work with Owner's employees)
proper and safe access to the site and a reasonable opportunity for the introduction and storage
of materials and equipment and the execution of such work and shall properly connect and
coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work
that may be required to make its several parts come together properly and integrate with such
other work. Contractor shall not endanger any work of others by cutting, excavating or
otherwise altering their work and will only cut or alter their work with the written consent of the
Project Manager and the others whose work will be affected. The duties and responsibilities of
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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.
11.3 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.
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12.INDEMNIFICATION AND INSURANCE.
12.1 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.
12.2 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.
12.3 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.
13.COMPLIANCE WITH LAWS.
13.1 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.
13.2 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.
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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 Procurement Services Division an
executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is
attached to the solicitation documents. If the Bidder/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.gov/E-Verify. 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.
14.CLEANUP AND PROTECTIONS.
14.1 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.
14.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not
indicated in the Contract Documents to be removed or altered, shall be protected by Contractor
from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such
improvements so damaged shall be restored by Contractor to the condition equal to that existing
at the time of Contractor's commencement of the Work.
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15.ASSIGNMENT.
15.1 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.
16.PERMITS, LICENSES AND TAXES.
16.1 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.
16.2 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.
16.3 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.
17.TERMINATION FOR DEFAULT.
17.1 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.
17.2 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.
17.3 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.
17.4 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.
17.5 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.
17.6 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.
18.TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
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18.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount
earned through the date of termination, together with any retainage withheld and reasonable
termination expenses incurred, but Contractor shall not be entitled to any other or further
recovery against Owner, including, but not limited to, damages or any anticipated profit on
portions of the Work not performed.
18.2 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.
19.COMPLETION.
19.1 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.
19.2 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.
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(5)If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of the
Contract Documents, to the extent and in such form as may be designated by
Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final payment
nor the retainage shall become due and payable.
20.WARRANTY.
20.1 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.
20.2 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.
21.TESTS AND INSPECTIONS.
21.1 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.
21.2 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
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inspection, testing or approval. All inspections, tests or approvals shall be performed in a
manner and by organizations acceptable to the Project Manager.
21.3 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.
21.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project Manager, be
uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor
has given Project Manager timely notice of Contractor's intention to cover the same and Project
Manager has not acted with reasonable promptness to respond to such notice. If any Work is
covered contrary to written directions from Project Manager, such Work must, if requested by
Project Manager, be uncovered for Project Manager's observation and be replaced at
Contractor's sole expense.
21.5 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.
21.6 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.
22.DEFECTIVE WORK.
22.1 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.
22.2 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.
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22.3 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.
22.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to
accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and
consequential costs attributable to the Owner's evaluation of and determination to accept
defective Work. If such determination is rendered prior to final payment, a Change Order shall
be executed evidencing such acceptance of such defective Work, incorporating the necessary
revisions in the Contract Documents and reflecting an appropriate decrease in the Contract
Amount. If the Owner accepts such defective Work after final payment, Contractor shall
promptly pay Owner an appropriate amount to adequately compensate Owner for its
acceptance of the defective Work.
22.5 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.
23.SUPERVISION AND SUPERINTENDENTS.
23.1 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
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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.
23.2 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.
24.PROTECTION OF WORK.
24.1 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.
24.2 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.
24.3 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.
25.EMERGENCIES.
25.1 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
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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.
26.USE OF PREMISES.
26.1 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.
27.SAFETY.
27.1 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:
27.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
27.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
27.1.3 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.
27.2 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.
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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;
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.
28.PROJECT MEETINGS.
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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.
29.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.
30.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 Procurement Services Division, and is available on-line at
colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become
familiar with their requirements. Strict adherence to the requirements of the Maintenance of
Traffic (“MOT”) policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award.
31.SALES TAX SAVINGS AND DIRECT PURCHASE
31.1 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:
31.2 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
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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.
31.3 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.
32.SUBCONTRACTS
32.1 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.
32.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or
providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be
solely responsible for and have control over the Subcontractors. Contractor shall negotiate all
Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all
affected Subcontractors and shall review the costs of those proposals and advise Owner and
Design Professional of their validity and reasonableness, acting in Owner’s best interest, prior to
requesting approval of any Change Order from Owner. All Subcontractors performing any
portion of the Work on this Project must be “qualified” as defined in Collier County Ordinance
2013-69, meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements with respect to its portion of the Work and has the integrity and
reliability to assure good faith performance.
32.3 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
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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.
32.4 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.
32.5 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.
32.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase
orders shall provide:
32.6.1 That the Subcontractor’s exclusive remedy for delays in the performance of
the subcontract or purchase order caused by events beyond its control, including delays
claimed to be caused by Owner or Design Professional or attributable to Owner or Design
Professional and including claims based on breach of contract or negligence, shall be an
extension of its contract time.
32.6.2 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.
32.6.3 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
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require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-
subcontracts and purchase orders.
32.6.4 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
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.
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34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, “Board”, up to two (2) times per
contract term. Presentations shall be made in a properly advertised Public Meeting on a
schedule to be determined by the County Manager or his designee. Prior to the scheduled
presentation date, the Contractor shall meet with appropriate County staff to discuss the
presentation requirements and format. Presentations may include, but not be limited to, the
following information: Original contract amount, project schedule, project completion date and
any changes to the aforementioned since Notice to Proceed was issued.
35. SECURITY
The Contractor is required to comply with County Ordinance 2004-52, as amended. Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated
costs. If required, Contractor shall be responsible for the costs of providing background checks
by the Collier County Facilities Management Division for all employees that shall provide
services to the County under this Agreement. This may include, but not be limited to, checking
federal, state and local law enforcement records, including a state and FBI fingerprint check,
credit reports, education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them available to
the County for at least four (4) years.
All of Contractor’s employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed
each year at no cost to the Contractor during the time period in which their background check is
valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s
business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-
mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates
from their employment. This notification is critical to ensure the continued security of Collier
County facilities and systems. Failure to notify within four (4) hours of separation may result in a
deduction of $500 per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations.
This will be coordinated upon award of the contract. If there are additional fees for this process,
the vendor is responsible for all costs.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
37. VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for consideration of
a Value Engineering (VE) study conducted during project development. A “project” shall be
defined as the collective contracts, which may include but not be limited to: design, construction,
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and construction, engineering and inspection (CEI) services. Additionally, any project with an
estimated construction value of $2 million or more may be reviewed for VE at the discretion of
the County.
38. ABOVEGROUND/UNDERGROUND TANKS
38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110
& 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida
Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining
to the storage of hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department
(SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day
tanks for generators, storing / will be storing petroleum products or hazardous materials. The
contractor shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to
commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing
hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting
entity and then SHWMD must approve the plans prior to contractor’s submittal for permitting.
.
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 titled: Supplemental Conditions CDBG
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EXHIBIT J: TECHNICAL SPECIFICATIONS
Refer to information posted at: http://bid.colliergov.net/bid/
and titled: Technical Specifications
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EXHIBIT K: PERMITS
Refer to information posted at: http://bid.colliergov.net/bid/
and titled: SFWMD Permit
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EXHIBIT L: STANDARD DETAILS
Refer to information posted at: http://bid.colliergov.net/bid/
and titled: N/A
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EXHIBIT M: PLANS AND SPECIFICATIONS
Refer to information posted at: http://bid.colliergov.net/bid/
and titled: Plans and Specifications
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EXHIBIT N: CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name Personnel Category
Construction Superintendent
Project Manager