Agenda 11/14/2017 Item #11E11/14/2017
EXECUTIVE SUMMARY
Recommendation to award a construction contract in the amount of $1,943,585.04 to Mitchell &
Stark Construction Company, Inc. for Invitation to Bid No. 17-7201 City Gate Boulevard North
Extension, Phase 3. (Project Nos. 60129 and 50110).
OBJECTIVE: To award a construction contract for City Gate Boulevard North Extension, Phase 3 to
Mitchell & Stark Construction Company, Inc., in accordance with Solicitation No. 17-7201, which will
provide the interconnection for the future Wilson Benfield Road and provide access to the County’s
Resource Recovery Park.
CONSIDERATIONS: The County entered into a Developer Agreement, dated December 1, 2009, for
the City Gate Boulevard North Extension, Phase 3 Improvements with Citygate Development, LLC, 850
NWN, LLC and CG II, LLC, all Florida limited liability companies (hereinafter collectively referred to as
the “Developer”), which is recorded in Official Record Book 4517 at pages 640 through 704 in the
Official Records of Collier County, Florida, and which was amended on June 23, 2015 and recorded in
Official Record Book 5168 at pages 3989 through 3997 in the Official Records of Collier County. This
agreement allows for the future continuation/connection of the Wilson Boulevard-Benfield Extension.
On August 8, 2017, the Procurement Services Division sent out 2,166 notices to vendors for Invitation to
Bid (ITB) No. 17-7201 for the City Gate Boulevard North Extension, Phase 3. On September 29, 2017,
six (6) bids were submitted. The qualified and responsive bid results are listed below:
Vendor Project Bid
Mitchell & Stark Construction Company, Inc. $ 1,943,585.04
Pavement Maintenance, LLC $ 1,999,999.69
Haskins, Inc. $ 2,347,911.55
Quality Enterprises USA, Inc. $ 2,477,395.78
Bonness Inc. $ 2,484,005.10
Coastal Concrete Products $ 2,897,318.40
Staff recommends awarding the contract to Mitchell & Stark Construction Company, Inc. The bid was
5.27% higher than the Engineer’s Opinion of Cost, which was $1,846,223.15. The Engineer of Record
concurred with the staff’s recommendation to award the contract to Mitchell & Stark Construction
Company, Inc. The Contract, Bid Analysis and the engineer’s letter of recommendation are attached.
The bid amount incorporates allowances in the amount of $167,838. The price for any additional work
utilizing the allowance will be negotiated prior to commencement in accordance with the County’s
Procurement Ordinance and the terms of the agreement.
FISCAL IMPACT: Funding for this project will be allocated as follows:
Division and Fund Amount
Wastewater Capital (414) $ 1,701,487.95
Transportation Impact Fees (336) $ 242,097.09
Total $ 1,943,585.04
The County will maintain the new roadway construction, which has a maintenance curve of
approximately 5 to 7 years before any incremental costs are required for normal repairs or replacement.
11/14/2017
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. -SRT
GROWTH MANAGEMENT IMPACT: The project is in accordance with the goals and objectives of
the Transportation Element of the Growth Management Plan.
RECOMMENDATION: To award ITB No. 17-7201 to Mitchell & Stark Construction Company, Inc.
in the amount of $1,943,585.04, authorize the Chair to sign the attached contract and authorize the
necessary budget amendments to recognize and appropriate funds for construction.
Prepared by: Mark D. McCleary, P.E., P.S.M., Principal Project Manager, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. 17-7201 Engineer's Estimate (PDF)
2. 17-7201 Engineers Letter of Reccomendation (PDF)
3. 17 -7201 NORA Signed (PDF)
4. 17-7201 Bid Tabulation - Analysis (PDF)
5. [Linked} 17-7201 Mitchell & Stark_Contract_VendSign (PDF)
11/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.E
Doc ID: 3911
Item Summary: Recommendation to award a construction contract in the amount of
$1,943,585.04 to Mitchell & Stark Construction Company, Inc. for Invitation to Bid No. 17-7201 City
Gate Boulevard North Extension, Phase 3. (Project Nos. 60129 and 50110). (Jay Ahmad, Director,
Transportation Engineering)
Meeting Date: 11/14/2017
Prepared by:
Title: Project Manager – Transportation Engineering
Name: Mark McCleary
10/17/2017 8:58 AM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
10/17/2017 8:58 AM
Approved By:
Review:
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 10/17/2017 9:37 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 10/26/2017 8:05 AM
Growth Management Department Diane Lynch Level 1 Reviewer Completed 10/26/2017 10:55 AM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 10/26/2017 11:26 AM
Growth Management Department Anthony Khawaja Additional Reviewer Completed 10/26/2017 11:27 AM
Solid and Hazardous Waste Dayne Atkinson Additional Reviewer Completed 10/27/2017 9:17 AM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 10/27/2017 4:12 PM
Growth Management Department Gene Shue Additional Reviewer Completed 10/27/2017 5:29 PM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 10/29/2017 1:53 PM
Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 11/01/2017 9:32 AM
Procurement Services Swainson Hall Additional Reviewer Completed 11/02/2017 10:15 AM
Procurement Services Ted Coyman Additional Reviewer Completed 11/02/2017 3:16 PM
Road Maintenance Travis Gossard Additional Reviewer Completed 11/02/2017 3:18 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 11/02/2017 3:24 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 11/03/2017 10:46 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/03/2017 10:58 AM
11/14/2017
Growth Management Department Jeanne Marcella Deputy Department Head Review Skipped 11/03/2017 1:02 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/06/2017 1:31 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/06/2017 1:39 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/06/2017 3:08 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/08/2017 10:58 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/08/2017 11:47 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM
Line No.Item No.Quantity Units Unit Price Amount
A.Roadway
1 101-1 1 LS $15,000.00 15,000.00$
2 102-1 1 LS $5,000.00 5,000.00$
3 104-10-3 4,787 LF $0.35 1,675.45$
4 104-11 72 LF $10.99 791.28$
5 104-18 4 EA $94.02 376.08$
6 110-1-1 0.42 AC $6,155.74 2,585.41$
7 110-4-1 REMOVAL OF EXISTING CONCRETE PAVEMENTS 1,165 SF $13.73 15,995.45$
8 120-6 9,260 CY $6.34 58,708.40$
9 120-1 103 CY $4.81 495.43$
10 125-1 16,575 CY $4.81 79,725.75$
11 160-4 16,768 SY $3.80 63,718.40$
12 285-709 12,205 SY $23.95 292,309.75$
13 285-701 2,357 SY $18.83 44,382.31$
14 334-1-14 2,238 TN $80.62 180,427.56$
15 337-7-58 959 TN $99.24 95,171.16$
16 339-1 123 TN $128.82 15,844.86$
17 425-1-201 6 EA $4,203.45 25,220.70$
18 425-1-202 4 EA $4,203.45 16,813.80$
19 425-1-541 1 EA $3,085.92 3,085.92$
20 425-1-589 1 EA $8,818.85 8,818.85$
21 430-175-124 1,535 LF $86.85 133,314.75$
22 430-175-130 603 LF $98.46 59,371.38$
23 520-1-10 4,258 LF $17.27 73,535.66$
24 520-1-12 4,024 LF $17.27 69,494.48$
25 520-3 127 LF $30.17 3,831.59$
26 520-5-41 185 LF $31.21 5,773.85$
27 522-2 1,385 SY $51.18 70,884.30$
28 570-1-2 12,353 SY $2.06 25,447.18$
29 527-2 72 SF $25.75 1,854.00$
SUBTOTAL 1,369,653.75$
B.
30 700-1-11 2 EA $303.26 606.52$
31 700-1-11 2 EA $303.26 606.52$
32 700-1-11 8 EA $303.26 2,426.08$
33 700-1-12 1 EA $1,117.78 1,117.78$
34 700-1-12 1 EA $1,117.78 1,117.78$
35 705-11-3 1 EA $174.00 174.00$
36 706-3 65 EA $3.17 206.05$
37 706-3 9 EA $3.17 28.53$
38 711-11-101 0.70 GM $4,541.13 3,178.79$
39 711-11-125 24 LF $4.73 113.52$
40 711-11-131 0.79 GM $1,702.92 1,345.31$
41 711-11-211 0.70 GM $4,541.13 3,178.79$
42 711-11-170 3 EA $55.73 167.19$
43 710-11-290 PAINTED, STANDARD, YELLOW, ISLAND NOSE 10 SF $2.27 22.70$
SUBTOTAL 14,289.56$
C.
44 1050-11-212 344 LF $12.12 4,169.28$
45 1050-11-212 344 LF $12.12 4,169.28$
46 1050-11-223 118 LF $37.10 4,377.80$
47 1050-11-223 384 LF $37.10 14,246.40$
48 1050-11-223 186 LF $37.10 6,900.60$
49 1050-11-224 267 LF $113.33 30,259.11$
50 1050-11-224 1,741 LF $113.33 197,307.53$
51 1050-11-224 89 LF $113.33 10,086.37$
52 1055-61-708 1 EA $525.00 525.00$
53 1060-11-212 4 EA $3,500.00 14,000.00$
54 1060-11-213 2 EA $4,200.00 8,400.00$
SUBTOTAL 294,441.37$
D.
55 CC-950 1.000 LS $167,838 $167,838
1,846,223.15$
5)
7) If needed contractor to coordinate additional staging area with adjacent properties for construction activities.
8)Contractor is responsible for providing FDEP NPDES NOI Permit
INLET, DITCH BOTTOM, TYPE D, 10'
CONCRETE VALLEY GUTTER
SINGLE POST SIGN (9 BUTTON REFLECTOR ROADWAY TERMINATION SIGN, OM4-3)
SINGLE POST SIGN (SPEED LIMIT SIGN, R2-1)
UTILITY PIPE, F&I, CLEANOUT, 8"
UTILITY PIPE, F&I, PVC, WATER/SEWER, 8-19.9" (C900 CL200 DR14 PVC 12" - WATER)
SINGLE POST SIGN (R4-7),(OMI-3)
SINGLE POST SIGN (END OF SIDEWALK)
SINGLE POST SIGN (ROAD ENDS, W14-1),(1000', W16-2AP)
Signing and Pavement Markings
Project Allowance
Allowance
2) pay Item No. 110-1-1 includes saw-cutting and removal of existing edge of pavement. All debris, including landscaping removal, shall be removed from the job site by the contractor
with no additional cost to the owner. Additional clearing for roadway construction has been bid under separate document.
6) Phase One construction includes all utilities to be installed within the roadway section - from curb to curb only.
3) Pay item 337-7-58 has been specified per existing and current DCA OR 5168 PG 3989-3997
4) Pay item 425-1-201 and 425-1-202 have been approved per DCA OR 5168 PG 3989-3997; refer to detailed structure information for specifications
GRAND TOTAL
1) Pay Item No. 101-1 includes as-built survey, performed by registered land surveyor in the state of Florida
Pay Item No. 1050-11-223; sizes up to 7.9" includes the cost of all fittings - inclusive of cleanouts
FDOT
MISCELLANEOUS ASPHALT PAVEMENT (10' PATHWAYS - 1" ASPHALT (SP 9.5)
INLETS, SPECIAL, <10' (FDOT TYPE 9 USF-5130-S-6188 - DOUBLE GRATE)
INLETS, SPECIAL, >10' (FDOT TYPE 9 USF-5130-S-6188 - DOUBLE GRATE)
INLET, DITCH BOTTOM, TYPE H, MODIFY (EXISTING CONTROL STRUCTURE)
SUPERPAVED ASPHALTIC CONCRETE, TRAFFIC D, SP 12.5 (3-1/2")
OPTIONAL BASE, BASE GROUP 01
ASPHALT CONCRETE FRICTION COURSE, TRAFFIC D, FC-9.5, PG82-22 (1-1/2")
MOBILIZATION
CLEARING AND GRUBBING
EMBANKMENT
EXCAVATION FOR STRUCTURES (STRUCTURE CUT OUT/PIPE INSTALL/ROCK TRENCHING)
TYPE B STABILIZATION (LBR 40)(12" THICK)
SEDIMENT BARRIER (STAKED SILT FENCE) - INCLUDES MAINTENANCE/REPLACEMENT
FLOATING TURBIDITY BARRIER
EXCAVATION
UTILITY STRUCTURE, BELOW GROUND, F&I, WATER/SEWER, 0-80FT3, 6.1-12' (MANHOLE)
UTILITY STRUCTURE, BELOW GROUND, F&I, WATER/SEWER, 0-80FT3, >12' (MANHOLE)
UTILITY PIPE, F&I, PVC, WATER/SEWER, 8-19.9" (SDR 26 PVC 8" - SEWER)
PIPE CULVERT (OPTIONAL MATERIAL)(24" S/CD)
PIPE CULVERT (OPTIONAL MATERIAL)(30" S/CD)
CONCRETE CURB & GUTTER , TYPE F
UTILITY PIPE, F&I, PVC, CASING/CONDUIT, 2.0-4.9" (MISCELLANEOUS 2" CONDUIT)
UTILITY PIPE, F&I, PVC, CASING/CONDUIT, 2.0-4.9" (MISCELLANEOUS 4" CONDUIT)
UTILITY PIPE, F&I, PVC, WATER/SEWER, 5-7.9" (C900 CL200 DR14 PVC 4" - FM SEWER)
UTILITY PIPE, F&I, PVC, WATER/SEWER, 5-7.9" (SDR 26 6" - GRAVITY SEWER)
UTILITY PIPE, F&I, PVC, WATER/SEWER, 5-7.9" (C900 CL200 DR14 PVC 6" - FM SEWER)
UTILITY PIPE, F&I, PVC, WATER/SEWER, 8-19.9" (C900 CL200 DR14 PVC 8" - WATER)
Utilities
RETRO-REFLECTIVE PAVEMENT MARKER
RETRO-REFLECTIVE PAVEMENT MARKER (BLUE)
CONCRETE CURB & GUTTER , SPECIAL, MODIFIED TYPE F
Bid Schedule: City Gate Boulevard North Extension Phase Three (DCA Project)
TRAFFIC SEPARATOR CONCRETE -TYPE IV, 4' WIDE
CONCRETE SIDEWALK AND DRIVEWAYS, 6"
PERFORMANCE TURF (SOD)(BAHIA)
THERMOPLASTIC, STANDARD, WHITE, SOLID, 6"
THERMOPLASTIC, STANDARD, WHITE, SOLID, 24"
THERMOPLASTIC, STANDARD, WHITE, SKIP, 6", 10-30 SKIP
THERMOPLASTIC, STANDARD, YELLOW, SOLID, 6"
THERMOPLASTIC, STANDARD, WHITE, ARROWS
DELINEATOR, FLEXIBLE HIGH VISIBILITY MEDIAN
DETECTABLE WARNINGS
Description
OPTIONAL BASE, BASE GROUP 09
MAINTENANCE OF TRAFFIC
INLET PROTECTION SYSTEM
Civil Engineering • Planning • Permitting
4365 Radio Road · Suite 201 · Naples, FL 34104 · P: (239) 434.6060 · F: (239) 434-6084
www.davidsonengineering.com
1990 Main Street · Suite 750 · Sarasota, FL 34236 · P: (941) 309-5180
October 6, 2017
Collier County Board of Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
Re: City Gate Boulevard North Extension Phase Three, DCA Project (17-7201)
To Whom It May Concern,
We have received the Bid Tabulation Sheet in your email of October 5, 2017 and have reviewed the bid data
contained.
Upon review, it is apparent that the low bidder is Mitchell and Stark. An overall review of the bid is consistent
with the initial cost estimates provided to the County by Davidson Engineering.
Based on our review of the overall project scope as outlined in the construction documents we would support an
award of the project to Mitchell and Stark.
If any additional information or analysis is needed please let us know and we shall promptly reply.
Thank you,
Josh Fruth, Vice President
Date: October 9, 2017
IFICY C014nty
Administrative Services Departrnent
Procurement Services Division
Notice of Recommended Award
Solicitation : 17-7201 Title: City Gate Boulevard North Extension Phase 3
Due Date and Time: 3:00 pm 09/29/17
Respondents:
Company Name
City
County
State
Bid Amount
Responsive/Responsible
Michell & Stark
Construction, LLC
Naples
Collier
FL
$1,943,585.07
Y/Y
Pavement Maintenance,
LLC
Fort Myers
Lee
FL
$1,999,999.69
Y/Y
Haskins, Inc
Naples
Collier
FL
$2,347,911.55
Y/Y
Quality Enterprises, USA,
Inc
Naples
Collier
FL
$2,477,395.78
Y/Y
Bonness, Inc
Naples
Collier
FL
$2,484,005.10
Y/Y
Coastal Concrete Products
Fort Myers
Lee
FL
$2,897,318.40
Y/Y
Utilized Local Vendor Preference: Yes L_l No M
Recommended Vendor(s) For Award: Single Award made to the following: Mitchell & Stark Construction, Inc
On August 08, 2017, the Procurement Services Department released Invitation to Bid 17-7201 to 2167 vendors
for the City Gate Blvd N. Extension Phase 3. Ninety Four (94) bid packages were downloaded, and 6 bids were
received on September 29, 2017.
Project Specific
Required Signatures
Project Manager: f I ,t Date: M h ® 7 1
Procurement Strategist: / Date: do /e I
P re t Services Dire t
Edward F. Coyman Jr.
Kristofer Lopez, Procurement Strategist
Mark Mcleary, Project Manager
17-7201 Bid Tabulation: City Gate Boulevard North Extension Phase Three Sent: 2166
Downloaded: 94
Bids Submitted: 6
Low Bid Low Bid
Line No.Item No.Quantity Units Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount UNIT COST TOTAL COST Low Bid Engineer's
Estimate Average Engineer's
Estimate Average
A.Roadway
1 101-1 1 LS $75,900.00 75,900.00$ $178,373.36 178,373.36$ $215,000.00 215,000.00$ $207,596.40 207,596.40$ $112,304.14 112,304.14$ $125,000.00 125,000.00$ 15,000.00$ 15,000.00$ $75,900.00 15,000.00$ 152,362.32$ 506%50%
2 102-1 1 LS $5,000.00 5,000.00$ $5,000.00 5,000.00$ $30,000.00 30,000.00$ $4,428.00 4,428.00$ $7,058.31 7,058.31$ $14,500.00 14,500.00$ 5,000.00$ 5,000.00$ $5,000.00 5,000.00$ 10,997.72$ 100%45%
3 104-10-3 4,787 LF $1.10 5,265.70$ $2.00 9,574.00$ $2.50 11,967.50$ $1.18 5,648.66$ $1.54 7,371.98$ $1.85 8,855.95$ 0.35$ 1,675.45$ $1.10 0.35$ 1.70$ 314%65%
4 104-11 72 LF $20.00 1,440.00$ $15.00 1,080.00$ $25.00 1,800.00$ $13.90 1,000.80$ $11.65 838.80$ $14.00 1,008.00$ 10.99$ 791.28$ $20.00 10.99$ 16.59$ 182%121%
5 104-18 4 EA $200.00 800.00$ $50.00 200.00$ $300.00 1,200.00$ $90.00 360.00$ $245.33 981.32$ $125.00 500.00$ 94.02$ 376.08$ $200.00 94.02$ 168.39$ 213%119%
6 110-1-1 0.42 AC $10,000.00 4,200.00$ $27,000.00 11,340.00$ $20,000.00 8,400.00$ $14,457.14 6,072.00$ $13,490.45 5,665.99$ $125,000.00 52,500.00$ 6,155.74$ 2,585.41$ $10,000.00 6,155.74$ 34,991.27$ 162%29%
7 110-4-1 REMOVAL OF EXISTING CONCRETE PAVEMENTS 1,165 SF $2.00 2,330.00$ $4.20 4,893.00$ $14.00 16,310.00$ $2.08 2,423.20$ $1.83 2,131.95$ $2.00 2,330.00$ 13.73$ 15,995.45$ $2.00 13.73$ 4.35$ 15%46%
8 120-6 9,260 CY $21.20 196,312.00$ $20.75 192,145.00$ $22.50 208,350.00$ $23.37 216,406.20$ $22.41 207,516.60$ $24.00 222,240.00$ 6.34$ 58,708.40$ $21.20 6.34$ 22.37$ 334%95%
9 120-1 103 CY $0.00 $0.00 $25.00 2,575.00$ $35.00 3,605.00$ $40.78 4,200.34$ $59.37 6,115.11$ $28.00 2,884.00$ 4.81$ 495.43$ $0.00 4.81$ 31.36$ 0%0%
10 125-1 16,575 CY $5.00 82,875.00$ $13.00 215,475.00$ $8.00 132,600.00$ $19.51 323,378.25$ $27.47 455,315.25$ $28.00 464,100.00$ 4.81$ 79,725.75$ $5.00 4.81$ 16.83$ 104%30%
11 160-4 16,768 SY $5.00 83,840.00$ $5.00 83,840.00$ $5.50 92,224.00$ $4.95 83,001.60$ $6.44 107,985.92$ $15.00 251,520.00$ 3.80$ 63,718.40$ $5.00 3.80$ 6.98$ 132%72%
12 285-709 12,205 SY $13.50 164,767.50$ $14.00 170,870.00$ $19.00 231,895.00$ $13.44 164,035.20$ $15.53 189,543.65$ $23.00 280,715.00$ 23.95$ 292,309.75$ $13.50 23.95$ 16.41$ 56%82%
13 285-701 2,357 SY $9.61 22,650.77$ $9.60 22,627.20$ $10.00 23,570.00$ $11.09 26,139.13$ $12.18 28,708.26$ $20.00 47,140.00$ 18.83$ 44,382.31$ $9.61 18.83$ 12.08$ 51%80%
14 334-1-14 2,238 TN $114.00 255,132.00$ $113.10 253,117.80$ $114.00 255,132.00$ $96.80 216,638.40$ $92.89 207,887.82$ $120.00 268,560.00$ 80.62$ 180,427.56$ $114.00 80.62$ 108.47$ 141%105%
15 337-7-58 959 TN $155.10 148,740.90$ $155.00 148,645.00$ $180.00 172,620.00$ $152.90 146,631.10$ $92.94 89,129.46$ $170.00 163,030.00$ 99.24$ 95,171.16$ $155.10 99.24$ 150.99$ 156%103%
16 339-1 123 TN $198.00 24,354.00$ $145.00 17,835.00$ $190.00 23,370.00$ $179.30 22,053.90$ $116.08 14,277.84$ $225.00 27,675.00$ 128.82$ 15,844.86$ $198.00 128.82$ 175.56$ 154%113%
17 425-1-201 6 EA $6,130.00 36,780.00$ $4,545.00 27,270.00$ $5,500.00 33,000.00$ $5,437.14 32,622.84$ $8,004.73 48,028.38$ $5,500.00 33,000.00$ 4,203.45$ 25,220.70$ $6,130.00 4,203.45$ 5,852.81$ 146%105%
18 425-1-202 4 EA $6,550.00 26,200.00$ $5,365.00 21,460.00$ $7,050.00 28,200.00$ $7,143.03 28,572.12$ $10,236.42 40,945.68$ $7,500.00 30,000.00$ 4,203.45$ 16,813.80$ $6,550.00 4,203.45$ 7,307.41$ 156%90%
19 425-1-541 1 EA $6,550.00 6,550.00$ $2,950.00 2,950.00$ $5,650.00 5,650.00$ $3,831.79 3,831.79$ $5,683.87 5,683.87$ $6,500.00 6,500.00$ 3,085.92$ 3,085.92$ $6,550.00 3,085.92$ 5,194.28$ 212%126%
20 425-1-589 1 EA $1,500.00 1,500.00$ $4,100.00 4,100.00$ $4,275.00 4,275.00$ $2,580.00 2,580.00$ $10,808.16 10,808.16$ $4,500.00 4,500.00$ 8,818.85$ 8,818.85$ $1,500.00 8,818.85$ 4,627.19$ 17%32%
21 430-175-124 1,535 LF $74.21 113,912.35$ $67.00 102,845.00$ $75.00 115,125.00$ $120.45 184,890.75$ $94.70 145,364.50$ $95.00 145,825.00$ 86.85$ 133,314.75$ $74.21 86.85$ 87.73$ 85%85%
22 430-175-130 603 LF $90.56 54,607.68$ $80.50 48,541.50$ $90.00 54,270.00$ $140.97 85,004.91$ $145.52 87,748.56$ $115.00 69,345.00$ 98.46$ 59,371.38$ $90.56 98.46$ 110.43$ 92%82%
23 520-1-10 4,258 LF $11.50 48,967.00$ $12.00 51,096.00$ $11.85 50,457.30$ $13.08 55,694.64$ $8.56 36,448.48$ $15.00 63,870.00$ 17.27$ 73,535.66$ $11.50 17.27$ 12.00$ 67%96%
24 520-1-12 4,024 LF $11.85 47,684.40$ $12.00 48,288.00$ $11.00 44,264.00$ $13.08 52,633.92$ $8.56 34,445.44$ $15.00 60,360.00$ 17.27$ 69,494.48$ $11.85 17.27$ 11.92$ 69%99%
25 520-3 127 LF $19.00 2,413.00$ $19.20 2,438.40$ $15.00 1,905.00$ $20.94 2,659.38$ $17.57 2,231.39$ $23.00 2,921.00$ 30.17$ 3,831.59$ $19.00 30.17$ 19.12$ 63%99%
26 520-5-41 185 LF $28.33 5,241.05$ $28.00 5,180.00$ $42.00 7,770.00$ $30.58 5,657.30$ $34.95 6,465.75$ $35.00 6,475.00$ 31.21$ 5,773.85$ $28.33 31.21$ 33.14$ 91%85%
27 522-2 1,385 SY $36.89 51,092.65$ $35.00 48,475.00$ $48.00 66,480.00$ $42.12 58,336.20$ $35.56 49,250.60$ $44.00 60,940.00$ 51.18$ 70,884.30$ $36.89 51.18$ 40.26$ 72%92%
28 570-1-2 12,353 SY $2.75 33,970.75$ $2.60 32,117.80$ $4.00 49,412.00$ $3.00 37,059.00$ $3.99 49,288.47$ $3.65 45,088.45$ 2.06$ 25,447.18$ $2.75 2.06$ 3.33$ 133%83%
29 527-2 72 SF $28.00 2,016.00$ $25.00 1,800.00$ $28.00 2,016.00$ $30.00 2,160.00$ $26.42 1,902.24$ $30.00 2,160.00$ 25.75$ 1,854.00$ $28.00 25.75$ 27.90$ 109%100%
SUBTOTAL 1,504,542.75$ SUBTOTAL 1,714,152.06$ SUBTOTAL 1,890,867.80$ SUBTOTAL 1,981,716.03$ SUBTOTAL 1,961,443.92$ SUBTOTAL 2,463,542.40$ 1,369,653.75$
B.
30 700-1-11 2 EA $735.00 1,470.00$ $275.00 550.00$ $450.00 900.00$ $450.00 900.00$ $460.00 920.00$ $450.00 900.00$ 303.26$ 606.52$ $735.00 303.26$ 470.00$ 242%156%
31 700-1-11 2 EA $717.00 1,434.00$ $200.00 400.00$ $440.00 880.00$ $438.00 876.00$ $447.73 895.46$ $450.00 900.00$ 303.26$ 606.52$ $717.00 303.26$ 448.79$ 236%160%
32 700-1-11 8 EA $442.00 3,536.00$ $200.00 1,600.00$ $275.00 2,200.00$ $270.00 2,160.00$ $276.00 2,208.00$ $450.00 3,600.00$ 303.26$ 2,426.08$ $442.00 303.26$ 318.83$ 146%139%
33 700-1-12 1 EA $2,450.00 2,450.00$ $275.00 275.00$ $1,500.00 1,500.00$ $1,500.00 1,500.00$ $1,533.33 1,533.33$ $450.00 450.00$ 1,117.78$ 1,117.78$ $2,450.00 1,117.78$ 1,284.72$ 219%191%
34 700-1-12 1 EA $197.00 197.00$ $200.00 200.00$ $1,500.00 1,500.00$ $1,500.00 1,500.00$ $500.00 500.00$ $450.00 450.00$ 1,117.78$ 1,117.78$ $197.00 1,117.78$ 724.50$ 18%27%
35 705-11-3 1 EA $6.00 6.00$ $95.00 95.00$ $120.00 120.00$ $120.00 120.00$ $122.67 122.67$ $300.00 300.00$ 174.00$ 174.00$ $6.00 174.00$ 127.28$ 3%5%
36 706-3 65 EA $6.00 390.00$ $5.50 357.50$ $3.75 243.75$ $6.00 390.00$ $10.03 651.95$ $12.00 780.00$ 3.17$ 206.05$ $6.00 3.17$ 7.21$ 189%83%
37 706-3 9 EA $6.00 54.00$ $5.50 49.50$ $25.00 225.00$ $6.00 54.00$ $10.03 90.27$ $12.00 108.00$ 3.17$ 28.53$ $6.00 3.17$ 10.76$ 189%56%
38 711-11-101 0.70 GM $6.00 4.20$ $6,050.00 4,235.00$ $6,600.00 4,620.00$ $6,600.00 4,620.00$ $11,032.06 7,722.44$ $12,500.00 8,750.00$ 4,541.13$ 3,178.79$ $6.00 4,541.13$ 7,131.34$ 0%0%
39 711-11-125 24 LF $12.00 288.00$ $6.60 158.40$ $10.00 240.00$ $7.20 172.80$ $12.03 288.72$ $15.00 360.00$ 4.73$ 113.52$ $12.00 4.73$ 10.47$ 254%115%
40 711-11-131 0.79 GM $2,940.00 2,322.60$ $1,512.50 1,194.88$ $1,800.00 1,422.00$ $1,650.00 1,303.50$ $2,758.01 2,178.83$ $4,500.00 3,555.00$ 1,702.92$ 1,345.31$ $2,940.00 1,702.92$ 2,526.75$ 173%116%
41 711-11-211 0.70 GM $10,780.00 7,546.00$ $6,050.00 4,235.00$ $6,600.00 4,620.00$ $6,600.00 4,620.00$ $11,032.06 7,722.44$ $12,500.00 8,750.00$ 4,541.13$ 3,178.79$ $10,780.00 4,541.13$ 8,927.01$ 237%121%
42 711-11-170 3 EA $150.00 450.00$ $205.00 615.00$ $90.00 270.00$ $120.00 360.00$ $200.58 601.74$ $225.00 675.00$ 55.73$ 167.19$ $150.00 55.73$ 165.10$ 269%91%
43 710-11-290 PAINTED, STANDARD, YELLOW, ISLAND NOSE 10 SF $8.00 80.00$ $10.00 100.00$ $15.00 150.00$ $3.60 36.00$ $6.02 60.20$ $15.00 150.00$ 2.27$ 22.70$ $8.00 2.27$ 9.60$ 353%83%
SUBTOTAL 20,227.80$ SUBTOTAL 14,065.28$ SUBTOTAL 18,890.75$ SUBTOTAL 18,612.30$ SUBTOTAL 25,496.05$ SUBTOTAL 29,728.00$ 14,289.56$
C.
44 1050-11-212 344 LF $8.12 2,793.28$ $10.00 3,440.00$ $17.75 6,106.00$ $16.70 5,744.80$ $34.90 12,005.60$ $10.00 3,440.00$ 12.12$ 4,169.28$ $8.12 12.12$ 16.25$ 67%50%
45 1050-11-212 344 LF $10.24 3,522.56$ $10.00 3,440.00$ $22.00 7,568.00$ $18.40 6,329.60$ $23.25 7,998.00$ $10.00 3,440.00$ 12.12$ 4,169.28$ $10.24 12.12$ 15.65$ 84%65%
46 1050-11-223 118 LF $32.85 3,876.30$ $14.50 1,711.00$ $42.00 4,956.00$ $66.39 7,834.02$ $53.57 6,321.26$ $25.00 2,950.00$ 37.10$ 4,377.80$ $32.85 37.10$ 39.05$ 89%84%
47 1050-11-223 384 LF $26.17 10,049.28$ $12.25 4,704.00$ $40.00 15,360.00$ $71.50 27,456.00$ $74.64 28,661.76$ $40.00 15,360.00$ 37.10$ 14,246.40$ $26.17 37.10$ 44.09$ 71%59%
48 1050-11-223 186 LF $37.78 7,027.08$ $27.10 5,040.60$ $50.00 9,300.00$ $71.93 13,378.98$ $63.59 11,827.74$ $40.00 7,440.00$ 37.10$ 6,900.60$ $37.78 37.10$ 48.40$ 102%78%
49 1050-11-224 267 LF $41.90 11,187.30$ $34.50 9,211.50$ $56.00 14,952.00$ $59.69 15,937.23$ $132.32 35,329.44$ $50.00 13,350.00$ 113.33$ 30,259.11$ $41.90 113.33$ 62.40$ 37%67%
50 1050-11-224 1,741 LF $89.00 154,949.00$ $12.00 20,892.00$ $75.00 130,575.00$ $77.74 135,345.34$ $87.59 152,494.19$ $65.00 113,165.00$ 113.33$ 197,307.53$ $89.00 113.33$ 67.72$ 79%131%
51 1050-11-224 89 LF $57.21 5,091.69$ $61.75 5,495.75$ $117.00 10,413.00$ $94.32 8,394.48$ $149.40 13,296.60$ $85.00 7,565.00$ 113.33$ 10,086.37$ $57.21 113.33$ 94.11$ 50%61%
52 1055-61-708 1 EA $520.00 520.00$ $689.50 689.50$ $1,085.00 1,085.00$ $1,160.00 1,160.00$ $678.88 678.88$ $2,500.00 2,500.00$ 525.00$ 525.00$ $520.00 525.00$ 1,105.56$ 99%47%
53 1060-11-212 4 EA $7,430.00 29,720.00$ $7,250.00 29,000.00$ $10,000.00 40,000.00$ $11,991.00 47,964.00$ $8,639.69 34,558.76$ $10,500.00 42,000.00$ 3,500.00$ 14,000.00$ $7,430.00 3,500.00$ 9,301.78$ 212%80%
54 1060-11-213 2 EA $11,120.00 22,240.00$ $10,160.00 20,320.00$ $15,000.00 30,000.00$ $19,842.50 39,685.00$ $13,027.45 26,054.90$ $12,500.00 25,000.00$ 4,200.00$ 8,400.00$ $11,120.00 4,200.00$ 13,608.33$ 265%82%
SUBTOTAL 250,976.49$ SUBTOTAL 103,944.35$ SUBTOTAL 270,315.00$ SUBTOTAL 309,229.45$ SUBTOTAL 329,227.13$ SUBTOTAL 236,210.00$ 294,441.37$
D.
55 CC-950 1.000 LS $167,838 $167,838 $167,838 $167,838 $167,838 $167,838 $167,838 $167,838 $167,838 $167,838 $167,838 $167,838 167,838.00$ 167,838.00$
1,943,585.04$ 1,999,999.69$ 2,347,911.55$ 2,477,395.78$ 2,484,005.10$ 2,897,318.40$ 1,846,222.68$ Per Spreadsheet
$1,846,223.15 Per Signed Document
Bidders Checklist Y Y Y Y Y Y
Material Manufacturers Y Y Y Y Y Y
List of Major Subcontractors Y Y Y Y Y Y
Statement of Experience of Bidder Y Y Y Y Y Y
Trench Safety Act Y Y Y Y Y Y
Immigrations Law Affidavit Certification Y Y Y Y Y Y
E-Verify Y Y Y Y Y Y
Substitiute W-9 Y Y Y Y Y Y
Bid Bond Y Y Y Y Y Y
Insurance Requirements Y Y Y Y Y Y
LOW BID / ENGINEERS ESTIMATE =105%
PERCENTAGE HIGHER THAN ENGINEERS ESTIMATE=5%
Pavement Maintenance, LLC Haskins, Inc Quality Enterprises, USA Inc Bonness, Inc.Coastal Concrete Products
PERFORMANCE TURF (SOD)(BAHIA)
THERMOPLASTIC, STANDARD, WHITE, SOLID, 6"
THERMOPLASTIC, STANDARD, WHITE, SOLID, 24"
THERMOPLASTIC, STANDARD, WHITE, SKIP, 6", 10-30 SKIP
THERMOPLASTIC, STANDARD, YELLOW, SOLID, 6"
THERMOPLASTIC, STANDARD, WHITE, ARROWS
DELINEATOR, FLEXIBLE HIGH VISIBILITY MEDIAN
DETECTABLE WARNINGS
RETRO-REFLECTIVE PAVEMENT MARKER
RETRO-REFLECTIVE PAVEMENT MARKER (BLUE)
Description
OPTIONAL BASE, BASE GROUP 09
MAINTENANCE OF TRAFFIC
INLET PROTECTION SYSTEM
TYPE B STABILIZATION (LBR 40)(12" THICK)
SEDIMENT BARRIER (STAKED SILT FENCE) - INCLUDES MAINTENANCE/REPLACEMENT
FLOATING TURBIDITY BARRIER
EXCAVATION
UTILITY STRUCTURE, BELOW GROUND, F&I, WATER/SEWER, 0-80FT3, >12' (MANHOLE)
UTILITY PIPE, F&I, PVC, WATER/SEWER, 8-19.9" (SDR 26 PVC 8" - SEWER)
PIPE CULVERT (OPTIONAL MATERIAL)(24" S/CD)
PIPE CULVERT (OPTIONAL MATERIAL)(30" S/CD)
CONCRETE CURB & GUTTER , TYPE F
UTILITY PIPE, F&I, PVC, CASING/CONDUIT, 2.0-4.9" (MISCELLANEOUS 2" CONDUIT)
UTILITY PIPE, F&I, PVC, CASING/CONDUIT, 2.0-4.9" (MISCELLANEOUS 4" CONDUIT)
UTILITY PIPE, F&I, PVC, WATER/SEWER, 5-7.9" (C900 CL200 DR14 PVC 4" - FM SEWER)
UTILITY PIPE, F&I, PVC, WATER/SEWER, 5-7.9" (SDR 26 6" - GRAVITY SEWER)
UTILITY PIPE, F&I, PVC, WATER/SEWER, 5-7.9" (C900 CL200 DR14 PVC 6" - FM SEWER)
UTILITY PIPE, F&I, PVC, WATER/SEWER, 8-19.9" (C900 CL200 DR14 PVC 8" - WATER)
Utilities
CONCRETE CURB & GUTTER , SPECIAL, MODIFIED TYPE F
UTILITY STRUCTURE, BELOW GROUND, F&I, WATER/SEWER, 0-80FT3, 6.1-12' (MANHOLE)
TRAFFIC SEPARATOR CONCRETE -TYPE IV, 4' WIDE
CONCRETE SIDEWALK AND DRIVEWAYS, 6"
Allowance
GRAND TOTAL
Mitchell & Stark
MISCELLANEOUS ASPHALT PAVEMENT (10' PATHWAYS - 1" ASPHALT (SP 9.5)
INLETS, SPECIAL, <10' (FDOT TYPE 9 USF-5130-S-6188 - DOUBLE GRATE)
INLETS, SPECIAL, >10' (FDOT TYPE 9 USF-5130-S-6188 - DOUBLE GRATE)
INLET, DITCH BOTTOM, TYPE H, MODIFY (EXISTING CONTROL STRUCTURE)
SUPERPAVED ASPHALTIC CONCRETE, TRAFFIC D, SP 12.5 (3-1/2")
OPTIONAL BASE, BASE GROUP 01
ASPHALT CONCRETE FRICTION COURSE, TRAFFIC D, FC-9.5, PG82-22 (1-1/2")
MOBILIZATION
CLEARING AND GRUBBING
EMBANKMENT
EXCAVATION FOR STRUCTURES (STRUCTURE CUT OUT/PIPE INSTALL/ROCK TRENCHING)
Engineer's Estimate UNIT PRICE COMPARISON
Opened by: Kristofer Lopez, Procurement Strategist
Witnessed by: Evelyn Colon, Procurement Strategist
INLET, DITCH BOTTOM, TYPE D, 10'
CONCRETE VALLEY GUTTER
SINGLE POST SIGN (9 BUTTON REFLECTOR ROADWAY TERMINATION SIGN, OM4-3)
SINGLE POST SIGN (SPEED LIMIT SIGN, R2-1)
UTILITY PIPE, F&I, CLEANOUT, 8"
UTILITY PIPE, F&I, PVC, WATER/SEWER, 8-19.9" (C900 CL200 DR14 PVC 12" - WATER)
SINGLE POST SIGN (R4-7),(OMI-3)
SINGLE POST SIGN (END OF SIDEWALK)
SINGLE POST SIGN (ROAD ENDS, W14-1),(1000', W16-2AP)
Signing and Pavement Markings
Project Allowance
C'O ler 0014 ty
Administrative Services Department
Procurement Sepriccs Division
City Gate Boulevard North Extension Phase 3
COLLIER COUNTY BID NO. 17-7201
COLLIER COUNTY, FLORIDA
Kristofer Lopez, Procurement Strategist
Email: kristoferlopez@colliergov.net
Telephone: (239) 252 - 8944
FAX: (239) 252 - 6593
Design Professional:
Davidson Engineering, Inc.
FScraxcmisr;i:crr srkisbn • 1327'lantianv'lrail East • Nap!es. Florida 34112-4901 •7i�-252�1:ti7•vrxv.tailBerl;o,•.nei;'prearremeMeFn ^a�
1
Construction Services Agreement: Revised 06152017
TABLE OF CONTENTS
PUBLICNOTICE....................................................................................................................... 3
PART B - INSTRUCTIONS TO BIDDERS.................................................................................
6
CONSTRUCTIONBID..............................................................................................................12
BIDSCHEDULE.......................................................................................................................13
MATERIALMANUFACTURERS..............................................................................................14
LIST OF MAJOR SUBCONTRACTORS..................................................................................14
STATEMENT OF EXPERIENCE OF BIDDER..........................................................................16
TRENCHSAFETY ACT............................................................................................................17
IMMIGRATION LAW AFFIDAVIT CERTIFICATION.................................................................18
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W - 9 .....................................................19
BIDBOND................................................................................................................................23
BIDDERSCHECK LIST...........................................................................................................24
CONSTRUCTIONAGREEMENT..............................................................................................26
EXHIBIT A 1: PUBLIC PAYMENT BOND................................................................................32
EXHIBIT A 2: PUBLIC PERFORMANCE BOND......................................................................36
EXHIBIT B: INSURANCE REQUIREMENTS............................................................................38
EXHIBIT C: RELEASE AND AFFIDAVIT FORM......................................................................40
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT.....................................43
EXHIBITE: CHANGE ORDER.................................................................................................44
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION...............................................46
EXHIBIT G: FINAL PAYMENT CHECKLIST............................................................................47
EXHIBIT H: GENERAL TERMS AND CONDITIONS................................................................48
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS......................................................76
EXHIBIT J: TECHNICAL SPECIFICATIONS...........................................................................76
EXHIBITK: PERMITS..............................................................................................................77
EXHIBITL: STANDARD DETAILS..........................................................................................78
EXHIBIT M: PLANS AND SPECIFICATIONS..........................................................................79
EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............80
2
Construction Services Agreement: Revised 06152017
Coview County
Administrative Services Department
Pi=irenunit S n,ices Division
PUBLIC NOTICE
INVITATION TO BID
City Gate Boulevard North Extension Phase 3
COUNTY BID NO. 17-7201
Sealed bids for the construction of City Gate Boulevard North Extension will be received
electronically until 3:00 P.M. LOCAL TIME, on the 8th day of September, 2017 on the
County's on-line bidding system: www.colliergov.netibid. 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: $1,846,223.15.
A non -mandatory pre-bid conference shall be held at the Procurement Services Division,
Conference Room A, at 2 p.m. LOCAL TIME on the 22nd day of August, 2017, at which time
all prospective Bidders may have questions answered regarding the Bidding Documents for this
Project.
Bids shall be received on line by the Bid Date of September 8, 2017 @ 3 P.M. No bid shall be
considered unless it is made on unaltered Bid forms which are included in the Bidding
Documents. 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.collier.gov.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 cashier's check or a Bid Bond in an amount not
less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the
Successful Bidder fails to execute the Agreement and file the required bonds and insurance
within ten (10) calendar days after the receipt of the Notice of Recommended 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
3
Construction Services Agreement: Revised 06152017
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 One Hundred
Eighty (180) 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 8th day of August, 2017.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Edward F. Coyman, Jr.
Director, Procurement Services Division
4
Construction Services Agreement: Revised 06152017
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
15 - 29 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 and shall sign the Bid correctly. The Bid may be rejected if it
contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must
be submitted on www..colliergov.net/bid
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be
accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check
payable to Owner on some bank or trust company located in the State of Florida 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 Recommended Award. Bid Bonds shall be
executed by a corporate surety licensed under the laws of the State of Florida to execute such
5
Construction Services Agreement: Revised 06152017
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 one hundred twenty (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 one hundred twenty (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 Reiect 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.
Section 5. Signing of Bids
5.1 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.
5.2 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.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 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.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as
irregular or unauthorized.
6
Construction Services Agreement: Revised 06152017
Section 6. 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 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal
Advertisement.
Section 8. Interpretation of Contract Documents
8.1 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 and
addressed on the County's Online Bidding System to be given consideration. All such requests
for interpretations or clarification must be received as directed in the Online Bidding System
instructions and 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 via the
Online Bidding System at their respective email 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.
8.2 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.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid
Conference is non -mandatory.
Section 9. Examination of Site and Contract Documents
9.1 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
Cl. Correlated all of its observations with the requirements of the 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.
7
Construction Services Agreement: Revised 06152017
9.2 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 10. 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 11. Bid Quantities
11.1 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 twenty-five percent
(25%) from the estimate at the time of bid.
11.2 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 12. Award of Contract
12.1 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.
12.2 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.
12.3 Award recommendations will be posted on the Procurement Services Division Web Site.
Award of Contract will be made by the Board of County Commissioners in public session. Any
s
Construction Services Agreement: Revised 06152017
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 is available at:
http://www.colliergov.net/Index.aspx?page=762
12.4 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.
12.5 Certificate of Authority to Conduct Business in the State of Florida (FL 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 13. Sales Tax
13.1 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 14. Exclusion of County Permits in Bid Prices
14.1 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.
14.2 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 15. Use of Subcontractors
15.1 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 2017-08, as amended,
meaning a person or entity that has the capability in all respects to perform fully the Agreement
9
Construction Services Agreement: Revised 06152017
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."
15.2 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.
15.3 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.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder 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 16. 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. 2003-53, as amended, 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 17. Lobbyina
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 18. 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:
10
Construction Services Agreement: Revised 06152017
"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."
11
Construction Services Agreement: Revised 06152017
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
City Gate Boulevard North Extension Phase 3
BID NO. 17-7201
Full Name of Bidder /t'L►-� cl.�e-�(�-���%. CotiS�r .-4`� ..s �I r✓�
Main Business Address t 8 t,, Wit, t_4p,,, i F. I -J C P%�� `1/a
Place of Business c> v`/
Telephone No. 2'3 5.-. � 2.- /rod" Fax No. G --? Jt -4
State Contractor's License # L U- L d Y C. - c > z to
State of Florida Certificate of Authority Document Number g y i
Federal Tax Identification Number "3 dca 0
DUNS#UuSr�S CCR# 3SoS&YR20tib
Cage Code �/ `� '7
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 Services Division staff.
12
Construction Services Agreement: Revised 06152017
2017 ER IGN.PROFIT CORPORATION ANNUAL. REPORT
DOCUMENT# 845897
Entity Name: MITCHELL & STARK CONSTRUCTION CO., INC,
Current Principal Place of Business:
170 W FIRST STREET
MEDORA, IN 47260
Current Mailing Address:
P.O. BOX 219
MEDORA, IN 47260
FEI Number: 35-0964820
Name and Address of Current Registered Agent:
PENNER, BRIAN R
6001 SHIRLEY STREET
NAPLES, FL 34109 US
FILED
Jan 06, 2017
Secretary of State
CC9667804536
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, In the State of Fiortda.
SIGNATURE:
Electronic Signature of Registered Agent
Officer/Director Detail :
Title TREASURER
Nance HARRISON, FRED C
Address 6236 WEST CR 50 NORTH
City -State -Zip; MEDORA IN 47260
Title VAS
Name SCAFIDI, DAVID C
Address 2229 SW 50TH STREET
City -State -'Lip: CAPE CORAL FL 33914
Title
VAS
Name
WESTHAFER, MICHAEL P
Address
4510 PINE ROAD
City -State -Zip:
FORT MYERS FL 33908
Title
ASST. SECRETARY
Name
SPARKS, CONNIE S.
Address
367 E. STATE ROAD 250
City -State -Zip:
BROWNSTOWN IN 47220
Title
PRESIDENT
Name
PENNER, BRIAN R
Address
6540 HUNTERS ROAD
City -State -Zip:
NAPLES FL 34109
Title
VAS
Name
NEAL, LEO D
Address
P.O. BOX 368325
City -State -Zip:
BONITA SPRINGS FL 34136
Title
DIRECTOR
Name
PENNER, JEANNE M
Address
6540 HUNTERS ROAD
City -State -Zip:
NAPLES FL 34109
Title
ASST. SECRETARY
Name
PENNER, MITCHELL KEITH
Address
6540 HUNTERS ROAD
City -State -Zip:
NAPLES FL 34109
Date
1 hereby c.vrfify that the information Indicated on this report or supplemonfal ropon is true and accurate and that my alectronir signature shall have the same loyal effect as it made under
oath; that I ern an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 807, Florida statutes; and that my name appears
above, or on an attachment with all other dike empowered.
SIGNATURE: BRIAN PENNER PRESIDENT 01/06/2017
Electronic Signature of Signing Officer/Director Detail Date
Detail by Entity Name
Flo P DeugrL ent of s ate
{ �..✓ {moi <.
..✓ ..
Deartrrrerrt of State / Divis;orto?�C�ruorations / Search Records / DetailBy Document Number /
Detail by Entity Name
Foreign Profit Corporation
MITCHELL & STARK CONSTRUCTION
CO., INC.
Filing Information
Document Number
845897
FEI/EIN Number
35-0964820
Date Filed
05/02/1980
State
IN
Status
ACTIVE
Principal Address
170 W FIRST STREET
MEDORA, IN 47260
Changed: 01/26/2009
Mailing Address
P.O. BOX 219
MEDORA, IN 47260
Changed: 02/03/2006
Reaistered Aaent Name & Address
PENNER, BRIAN R
6001 SHIRLEY STREET
NAPLES, FL 34109
Name Changed: 02/25/2000
Address Changed: 02/25/2000
Officer/Director Detail
Name & Address
Title Treasurer
HARRISON, FRED C
6236 WEST CR 50 NORTH
MEDORA, IN 47260
Title President
PENNER, BRIAN R
Page 1 of 3
DM510N of CO -PORATfONS
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/10/2017
Detail by Entity Name
6540 HUNTERS ROAD
NAPLES, FL 34109
Title VAS
SCAFIDI, DAVID C
2229 SW 50TH STREET
CAPE CORAL, FL 33914
Title VAS
NEAL, LEO D
P.O. BOX 368325
BONITA SPRINGS, FL 34136
Title VAS
WESTHAFER, MICHAEL P
4510 PINE ROAD
FORT MYERS, FL 33908
Title Director
PENNER, JEANNE M
6540 HUNTERS ROAD
NAPLES, FL 34109
Title Asst. Secretary
SPARKS, CONNIE S.
367 E. STATE ROAD 250
BROWNSTOWN, IN 47220
Title Asst. Secretary
PENNER, MITCHELL KEITH
6540 HUNTERS ROAD
NAPLES, FL 34109
Annual Reports
Report Year Filed Date
2015 06/02/2015
2016 02/04/2016
2017 01/06/2017
Document Images
01LLOr3/2D17 -- ANNUAL REf?ORT View image in PO F format
02iO4l2016 -- ANNUAL REPORT Viow imago in PDF format
06/0212015 --ANNUAL REPORT View image in POF format
02/24/2011 --ANNUAL REPORT View irnage in PDF format
05/2:3/2013 —ANNUAL. REPORT View image in PDF format
04126/2012 --ANNUAL REPORT
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022512.011 -ANNUAL REP RT
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02/15/2010 -- ANNUAL REPORT
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01120!2009 --ANNUAL REPORT
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01111!2008 -- ANNUAL REPORT
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0110812.{X)7 --ANNUAL REPORT
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0210'MQ06 -- ANNUAL REPORT
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0111012005 — ANNt1AL REPORT
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0?I13I200G._. ANNUAL REf CART
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02/03/2003 - ANNUAL REPORT
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0211712002 --ANNUAL REPORT
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02102!2001 --ANNUAL REPORT
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02125r2000 --ANNUAL REPORTIView
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0227/1999 -- ANNUAL REPORT
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02;Q511998 -- ANNUAL REPORTIiew
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02104M997.::__ANNUAL, REPORT
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06111!1996_ --ANNUAL REPORT I
Wow image in PDP format
02/17/1995 -- ANNUAL REPORTIiew
image in PDF format
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BID SCHEDULE
City Gate Boulevard North Extension Phase 3
Bid No. 17-7201
13
Construction Services Agreement: Revised 06152017
17-7201 Bid Schedule: City Gate Boulevard North Extension Phase Three
FDOT
Line No.
Item No.
Description
Quantity
Units
Unit Price
Amount
A.
Roadway
1
101-I
MOBILIZATION
1
LS
z.::: S75,9W.00 S
75,900.00
2
102-1
MAINTENANCE OF TRAFFIC
1
LS
._.,:;$5,000:00.1 S
5,000.00
3
104-10-3
SEDIMENT BARRIER (STAKED SILT FENCE) - INCLUDES MAINTENANCE/REPLACEMENT
4,787
LF
S1 .10P S
5,265.70
4
104-11
FLOATING TURBIDITY BARRIER
72
LF
S20.00',', S
1,440.00
5
104-18
INLET PROTECTION SYSTEM
4
EA
5200.00':. S
800.00
6
110-1-1
CLEARING AND GRUBBING
0.42
AC
...,$10,000.00• S
4,200.00
7
110-4-1
REMOVAL OF EXISTING CONCRETE PAVEMENTS
1,165
SF
S2'ft S
2,330.00
8
120-6
EMBANKMENT
9,260
Cy
S21i20'; S
196,312.00
9
120-1
EXCAVATION
103
CY
... $0.00.: S
-
10
125-1
EXCAVATION FOR STRUCTURES (STRUCTURE CUT OUT/PIPE INSTALL/ROCK TRENCHING)
16,575
CY
S5.00. S
82,875.00
11
160-4
TYPE B STABILIZATION (LBR 40X12" THICK)
16,768
SY
._...:55:00" S
83,840.00
12
285-709
OPTIONAL BASE, BASE GROUP 09
12,205
SY
$13.50'.: S
164,767.50
13
285-701
OPTIONAL BASE, BASE GROUP 01
2,357
Sy
59:61,! S
22,650.77
14
334-1-14
SUPERPAVED ASPHALTIC CONCRETE, TRAFFIC D, SP 12.5 (3-1/2")
2,238
TN
5314:00; S
255,132.00
is
337-7-58
ASPHALT CONCRETE FRICTION COURSE, TRAFFIC D, FC-9.5, PG82-22 (1-I/2")
959
TN
$155.101 S
148,740.90
16
339-1
MISCELLANEOUS ASPHALT PAVEMENT (HY PATHIVAYS - I" ASPHALT (SP 9.5)
123
TN
5198.00!: S
24,354.00
17
425-1-201
INLETS, SPECIAL, <10' (FDOT TYPE 9 USF-5130-S-6188 - DOUBLE GRATE)
6
EA
S6,130.00': S
36,780.00
18
425-1-202
INLETS, SPECIAL, >10' (FDOT TYPE 9 USF-5130-S-6188 - DOUBLE GRATE)
4
EA
.-.:S6,550.00°^. S
26,200.00
19
425-1-541
INLET, DITCH BOTTOM, TYPE D, HY
I
EA
56,550 W. S
6,550.00
20
425-1-589
INLET, DITCH BOTTOM, TYPE H, MODIFY (EXISTING CONTROL STRUCTURE)
1
EA
S1,50000rr'r S
1,500.00
21
430-175-124
PIPE CULVERT (OPTIONAL TIATERI LX24" S/CD)
1,535
LF
S74.21 S
113,912.35
22
430-175-130
PIPE CULVERT (OPTIONAL AIATERIALX30- S/CD)
603
LF
$90.56:'. S
54,607.68
23
520-1-10
CONCRETE CURB & GUTTER, TYPE F
4,258
LF
5111501 S
48,967.00
24
520-1-12
CONCRETE CURB & GUTTER , SPECIAL, MODIFIED TYPE F
4,024
LF
S11.85S
47,684.40
25
520-3
CONCRETE VALLEY GUTTER
127
LF
519.001 S
2,413.00
26
520-5-11
TRAFFIC SEPARATOR CONCRETE -TYPE IV, 4' (VIDE
185
LF
528:33". S
5,241.05
27
522-2
CONCRETE SIDEWALK AND DRIVEWAYS, 6"
1,385
SY
S36.89 S
51,092.65
28
570-1-2
PERFORMANCE TURF(SODXBAHW)
12,353
SY
$2.75i S
33,970.75
29
527-2
DETECTABLE WARNINGS
72
SF
S28.001'. S
2,016.00
SUBTOTAL $
1,504,542.75
B.
Signing and Pavement Markings
30
700-1-I1
SINGLE POST SIGN (SPEED LIMIT SIGN, R2-1)
2
EA
$735001 S
1,470.00
:31
700-1-11
SINGLE POST SIGN (END OF SIDEWALK)
2
EA
$717.00'; S
1,434.00
32
700-1-I1
SINGLE POST SIGN (9 BUTTON REFLECTOR ROADWAY TERMINATION SIGN, OM4-3)
8
EA
S4421001i S
3,536.00
33
700-1-12
SINGLE POST SIGN (ROAD ENDS, W14-1),(1000',%1116-2AP)
I
EA
-.:-,:52,450:001 S
2,450.00
34
700-1-12
SINGLE POST SIGN (R4-7),(ONII-3)
I
EA
5197;001 S
197.00
35
705-1I-3
DELINEATOR, FLEXIBLE HIGH VISIBILITY MEDIAN
I
EA
56:001 S
6.00
36
706-3
RETRO-REFLECTIVE PAVEMENT NLARKER
65
EA
S6.6o S
390.00
37
706-3
RETRO-REFLECTIVE PAVEMENT DIARKER (BLUE)
9
EA
56.001, S
54.00
38
711-11-101
THERMOPLASTIC, STANDARD, WHITE, SOLID, 6"
0.70
GM
SG.00', S
4.20
39
711-11-125
THERMOPLASTIC, STANDARD, WHITE, SOLID, 24"
24
LF
S12.00ii S
288.00
40
711-11-131
THERMOPLASTIC, STANDARD, WHITE, SKIP, 6',10-30 SKIP
0.79
GM
S2,940.00i S
2,322.60
41
711-11-211
THERMOPLASTIC, STANDARD, YELLOW, SOLID, 6"
0.70
GM
:::: S10,780.001 S
7,546.00
42
711-11-170
THERMOPLASTIC, STANDARD, WHITE, ARROWS
3
EA
$150.00! S
450.00
43
710-11-290
PAINTED, STANDARD, YELLOW, ISLAND NOSE
10
SF
S8°:00' S
80.03
SUBTOTAL S
20,227.83
C.
Utilities
44
1050-11-212
UTILITY PIPE, F&I, PVC, CASING/CONDUIT, 2.04.9" (MISCELLANEOUS 2" CONDUIT)
344
LF
$8:12; S
2,793.28
45
1050-11-212
UTILITY PIPE, F&I, PVC, CASING/CONDUIT, 2.0-4.9" (MISCELLANEOUS 4" CONDUIT)
344
LF
$10.24' S
3,522.56
46
1050-11-223
UTILITY PIPE, F&I, PVC, WATER/SE%VER, 5-7.9" (C900 CL200 DR14 PVC 4" - FM SEWER)
118
LF
$32.85:: S
3,876.30
47
1050-I1-223
UTILITY PIPE, F&L PVC, NATER/SEWER, 5-7.9" (SDR 26 6" - GRAVITY SEWER)
384
LF
526:17 S
10,049.28
48
1050-11-223
UTILITY PIPE, F&L PVC, WATER/SEWER, 5.7.9" (C900 CL200 DR14 PVC 6" - FM SEWER)
186
LF
S37 781. S
7,027.08
49
1050-11.224
UTILITY PIPE, F&L PVC, WATER/SEWER, 8-19.9" (C900 CL200 DR 14 PVC 8" - WATER)
267
LF
841[90! S
11,187.30
50
1050-11-224
UTILITY PIPE, F&I, PVC, WATER/SEWER, 8-19.9" (SUR 26 PVC 8" - SEWER)
1,741
LF
S89.W'.. S
154,949.00
51
1050-11-224
UTILITY PIPE, F&I, PVC, IVATER/SEWER, 8-19.9" (C900 CL200 DR14 PVC 12" - WATER)
89
LF
557:211. S
5,091.69
52
1055-61-708
UTILITY PIPE, F&I, CLEANOUT, 8"
1
EA
5520.00; S
520.00
53
1060-11-212
UTILITY STRUCTURE, BELOW GROUND, F&I, WATER/SEWER, 0-80FT3, 6.1-12' (MANHOLE)
4
EA
.57,430.00! S
29,720.00
54
1060-11-213
UTILDY STRUCTURE, BELOW GROUND, F&I, WATER/SEWER, 0-80FT3, >12' (MANHOLE)
2
EA
..811, 120.W'": S
22,240.00
SUBTOTAL S
250,976.49
D.
Allowance
55
CC-950
Project Allowance
1.000
LS
$167,838
$167,838
GRAND TOTAL S
1,943,585.07
1) Pay Item No. 101.1 includes as-built survey, performed by registered land surveyor in the state of Florida
2) pay Item No. 110-1-1 includes saw-cutting and removal of existing edge of pavement. All debris, including landscaping removal, shall be removed from the job site by the contractor
with no additional cost to the owner. Additional clearing for roadway construction has been bid under separate document.
3) Pay Item 337-7-58 has been specified per existing and current DCA OR 5168 PG 3989.3997
4) Pay Item 425-1-201 and 425-1-202 have been approved per DCA OR 5168 PG 3989-3997; refer to detailed structure information for specifications
5) Pay Item No. 1050-11-223; sizes up to 7.9" includes the cost of all fittings - Inclusive of cleanouts
6) Phase One construction includes all utilities to be installed within the roadway section - from curb to curb only.
7) If needed contractor to coordinateadditional staging area with adjacent properties for construction activities.
8)Contractor is responsible for providing FDEP NPDES NOI Permit
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: 'I, e- 4_s �c.r,1L Ci.%jS1r•�.
Signature: Date: 9/ f'I
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: i - c i 'e t L- S 4-,- h i -C — 4..-f 5, 'v C--,. c. ,
Signature:-- Date
14
Construction Services Agreement: Revised 06152017
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 2017-08 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
„1
2. Mechanical
N i A
3. Plumbing
W%A
r_ ......___......_.
4. Site Work
1A
5.
5. Identify other
_
subcontractors that
I represent more than
10% of price or that
affect the critical path of
��
the schedule
Company: i� ��.¢ Ali. s �c� h Cs� S 4-�� ��-�,,..� Go 2 �<<
Signature: Date:
15
Construction Services Agreement: Revised 06152017
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within the last
five (5) 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.
Proiect and Location
Tc- P
M-& Ples, ¢ I,
2.
e✓ <' P-
b ey
Z
bey , a. 0 4+i �u - l ---..
(3 acv r4- S pe t ff.
5.
o ra- J-. f e - /.S , C),
6.
N- S� F 4
Reference !include phone # or email
address
/111' � � ►!"� --�-�—
MN S C.OH a1w0.rJ4
1�k 1'4' !� L to ?if- 60 c�. 4
Company: 1f i -1- Gh e, t t a ! G h Cs�J,s ��a•i-r"o G� .c/ i=
Signature: Date.
16
Construction Services Agreement: Revised 06152017
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for
complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder
further identifies the cost to be summarized below:
Trench Safety Units of Unit Unit Extended
Measure Measure(Quantity) Cost Cost
(Description) LF SY
N
2.
3.
4.
5,
Failure to complete the above may result in the Bid being declared non-responsive.
Company: a Gt etc a.. e- 41 L. c.�-. t o -4- ,
/
Signature:{ - Date: �7 r &' /r "`�,_
17
Construction Services Agreement: Revised 06152017
cofiier Cou14ty
Administrative Services Department
Procurement Services Division
Immigration Law Affidavit Certification
Solicitation: 17-7201 City Gate Boulevard North Extension Phase 3
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
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.
p Y i( �- r
r
Com an Name �'t._��,,�,..___ e kc, _ QQ
Print Name �� a,,,J Joe, N. -/-r Title Z -S ,�.� �,.•.��..
Signature%;r'r- '~ Date � h
State.of / ar' IAC
County of , t -t. t % ► e,
The foregoing instrument was signed and acknowledged before me this _day of � 2( 1 , 20_1_�, by
iff r^ ra..N A "y^WG-e, (print or type name) who has produced Fe, r sa .,A-
(type
,d(type of ide ;fication and number) as identification.
otary Public Signature
lPY r� BELINDA BUP.GBACHER
MY
iGM
_.— r EXPIRES: Jatnu ryF22, 2019
F r� NOW 7hru Nota NWO Lndenrnters ¢
Printe Name of Notary i�ubllc pl�Rr
.._... _.........
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.
18
Construction Services Agreement: Revised 06152017
Company ID Number: 99962
IIIE E-VERTri' PROGRAM FOR C117PLOYM rNT VERIFICATION
]MEMORANDUM OF UNDERSTANDING
UQLE
This Memorandum of Understanding (MOL) sets forth the points of agwment be the
Social Security Administration (SSA), the Department of Homeland Securi
7fi'tcliell oRs Stark Gottatn etion Co %�(Employer)
1 $' (D and
the Employment —.�__s. (gyp os'er) regarding the Eunployer's partici 'an in
p yment Eligibility Vorification Program (E -Verity). E -Verify is a program in w ' h the
employment eligibility of all newly hired employees will be confirmed atter the Emplo ent
Eligibility Verification Form (Form 1-9) has been completed,
Authority for the E -Verify programs is found in Title IV, Subtitle A, of the lllegat Immi tion
Reform and Immigrant Responsibility Act 1996
of ), Pub, i, 104-208, 110 Stat, 3
arnended (S U,S,C. § 1324& note). 09, as
ARUC-11H I
FUNMONS TO BE PFPXOMMD
A. RESPONS1ElMTIES OF THE SSA
1. Upon completion of the Form 1.9 by the employee and the Employer, and provi'
Employer complies with the requirements
the
of this MOU, SSA agrees to provide the
with
with available information that allows the Employer to confirm the
accuracy
Plumbers provided by all newly hired employees and the employment author
citizens, s#ia o
urity
cU S
2. The SSA agrees to provide to the Employer appropriate assistance with ope
problems that may arise during the Employer's in the E
tonal
participation -Verify program, Ty
agrees to provide the Employer with names, titles, addresses, and telephone numbers o
representatives to be contacted during
SSA
SSA
the F,Verify process.
3. The SSA agrees to safeguard the information provided by the Employer through a B.
Verify program procedures, and to limit access to such information, as is appropriate by 'l w, to
individuals responsible for the verification of Social Security Numbers and for evaluation f the
E -Verify program or such other persons or entities who may be authorized evaluation
the S A as
governed by the Privacy Act (5 U.S.C. § 552a), tine Social Security Act (42 U.S.C. 1306(a ,and
SSA regulations (20 CFR Part 401).
4. SSA agrees to establish a means of automated verification that is design d (in
conjunction with DHS's automated system if necessary) to provide eonfnmation or to tative
non
coniirmation of U.S. citizens' employment eligibility and accuracy of SSA records fp both
citizens and aliens within 3 Federal Government work days of the initial inquiry.
5. SSA agrees to establish a means of secondary verification (including up SA
S
records as may be necessary) for employees who contest SSA tentative nonconfumations is
t
designed to provide final confirmation or nonconfirmation of U.S. citizens' emnPmt
Company ID Number. 99962
eligibility and accuracy of SSA records for both citizens and diens within 10
Government work days of the date of referral to SSA, unless SSA determineseral
days may be necessary. in such cases, SSA will provide additional verifien more ons an 10
�. RESPONSIBILITIES OF THE DEPARTMZNT OF HOMB
SEC1. Upon completion of the Form Z -g by the employee and the
verifies the accuracy of SSA records for aliens through irV I?mFlOyer and SSA
Employer access to selected data from DHS's database to enable the EmploY0rto durs ees to ct; a the
e Automated verification checks on newly hired alien employees by electronic to
s Photo verification checks (when available) on newly hired allen employees. and
2. DHS agrees to provide to the Employer appropriate assistance with operational
that may arise during the Employer's participation in the E Verify Program, ti p lams
Provide the Employer names, titles, addresses, and telephone numbers of DHS represents es to
s to
be contacted during the 1�Verify process,
3. DHS agrees to provide to the Employer a Manual (the E 'fieri manual)
restr coon s on E -Verify policies, procedure s and requirements
ffy
or both 5 and
restrictions an the use ofE-'V'erify.. DHS agrees to provide training materials
udinj
on E -Verify.
4. DHS agrees to provide to the Employer a notice, which indicates the
participation in the I;_Verify program. DHS also
discrimination
�imd
Yer's
the Employ
notices issued by the office of Special Counselfor
Employment Practices (OSC), Civil Rights Division, and U.S. De t;ratian-Related
partanent
anti-
nfair
of justice.
S. DHS agrees to issue the Ftuployer a user identification number and wsword that
tine Employer to verify iruf`ormatfon Provided by alien employees
with DHS s databaasese
data.
6. DHS agrees to safeguard the information provided to DHS by the Employer, and
access to such information to individuals responsible for the verification
Imnrt
eligibility and for evaluation of the E -Verify proother of alien empl
suchar entities
be authorized by applicable law, information
on
ma
orsons
will be used only
Security Numbers and employment eligibility, to enforce the lmmi Immigration a accuracy a
and fedetal criminal laws, and to ensure accurate wagetcctreports SA, and National
y
or
Act
to the
7. DHS agrees to establish It means of automated verification
conjunction with SSA verification procedures to that is desi d
(in
nonconfimmation of employees' employment eligibility within 3r Provideon or tative
of the initial inquiry. rnment
wo days
8. DHS agrees to establish a means of secondary verification
records as may be necessary) for employees who contest DHS tentative n (including u ce. bHS
Photo non -match tentative noncoations that is designed to provide ��enme
and
noaaonfirntatian of the employees' employment eligibility within 10 Feder on or
days of the date of referral to DHS, unless DHS doraojv Gowork
necessary. In such cases, DHS will provide additional veeri�fi anon instructions. trucgo 10 Y be
Company ID Number, 99962
C. RESPONSraMITIES op THEEMpLoVER
1. The Employer agrees to display the notices supplied by DHS in a prominent p
clearly visible to prospective employees.
at is
2• The Employer agrees to provide to the SSA and DUS the names, titles, addre
telephone numbers of the Employer representatives to be contacted
=and
regarding Er .Verify.
3. The Employer agrees to become familiar with and comply with the E -Verify Man
I
4, The Employer agrees that any Employer .Representative who will perform empl
verification queries will complete the l -Verify Tutorial before
ent
queries. that individual initis
any
A. The employer agrees that all employer representatives win take the
tutorials initiated by the E.Verify progriim as a conditioaa
cher
Verify of continued
of l -
B. Failure to complete a refresher tutorial will prevent the employer lion, co
use of tile program,
•
ued
5. The Employer agrees to comply with established Form 1-4 procedures, wiU two
exceptions:
If an employee presents a "List $'r identity document, the Employer to 0
"List I3" documents that contain a photo. (List $ documents identified&in $ kepi
2i4a.2 (b) (1) {E)) Can be presented during the Form 1-9 process to establish id e •. §
If an employee presents a DHS Form I-551 (Permanent Resident Card) or Fo I-766
(Employment Authorization Document) to complete the Form I.9, the Employe,,ye 1
to e a photocopy of the document and to retain the pho$ocopy with n em
Dorm 1-9. The employer will use the photocopy to verify the photo and to as st the
Department with its review of photo non -matches that are contested by employee Note
that employees retain the right to present any List A, or List B and List C, docum
ion
to complete the Form Ir9. DHS may in the future designate other documents that t vate
the photo screening tool,
6. The Employer understands that participation in E_Verify does not exempt the to el
from the responsibility to complete, retain, and make available fororms y
1.9
to its employees, or from other requirements of applicable regutahonsGhor laws,t relate
following modified requireexcept r the
ments applicable by reason of the Employer's participatt'o in E.
Verify: (1) identity documents must have photos, as described inParagraph
rebuttable presumption is established that the Employer has not violate 274A� above A) of
the Immigration and Nationality Act (TNA) with respect to the hiring of an
obtains confirmation of the identity and employment y indivi if it
with the terms and conditions of E•V p yment eligibility of the individual in co
fi' ; (3) the Employer must notifyD ce
employ any employee after receiving a final nonco subject
if a con ' s to
Penalty between $500 and $1,000 for each failure don"� d is subject a civil oney
following a final nonconfirmation, (4) the Employer is subj�t to a rebuttable Coe�ued emp!' cut
has knowingly employed an unauthorized alien in violation of section 274,4 p A e
Employer continues to employ any employee after receiving a final nonco (� the
person or entity participating in E -Verify is civilly or criminally liable under tton' an 5) no
any law r any
Company ID Number: 99962
action taken in good faith on information provided through the confirmation syst DHS
reserves the right to conduct Form 1-9 compliance inspections during the course of E-Ve as
well as to conduct any other enforcement'activity authorized by law. >
7. The Employer agrees to initiate E -Verify verification procedures within 3 E )oyer
business days after each employee has been hired (but after both sections 1 and 2 of F
have been completed), and to complete as many (but only the as many) steps of the E Verify ce1-9
ss
as are
necessary accordingto the E-Ve
verification procedures be of re the employ" ee hasmugl, The been hired Employer FProhibited ftOm 'aring
automated system to be queried is temporarily unavailable, the 3 -day the
until itis again operational in order to accommodate the Employer's a y time period is a ded
make inquiries during the period of unavailability. Tri an cases, the Dnp oyer must use . ting, in good th, to
SSA
verification procedures first; and use DHS verification procedures and
after the the SSA verification response has been given, photo screening tai only
S. The Employer agrees not to use E -Verify procedures for pre-cmplo t ser
job applicants, support for any unlawful employment practice, or any oenther use not
auiho g of
this MOU. The Employer must use E.Verify for all new employees and will not veru only
certain employees selectively. The Employer agrees not to use E-Ve ' y
verification, or for employees hired boforre the date this 1v10I1 is ink procedures r re-
undomtaads that if the Employer uses E -Verify procedures for effect.The F layer
authorized by this MOU, the Employer may be subject to a appropriate rr pig°s° other as
immediate termination of its access to SSA and DHS information pursuant tothisMDU al action d the
9. The Employer agrees to follow appropriate
regarding tentative noneonfitmations, including no ' procedures (see Article M.B. low)
written referral instructions to employees, allowing tnempl ye" yeas of the finding, p iding
taking adverse action employees employees to contest the finding, not
against em to ees if they choose to contest the fmdhn
the Em
employees contest a tentative nonconfirtnation based upon a photo non« g i~ when
Em required to take affnrmative steps (see Article IIi$, below) to contact htwiih er is
necessary to resolve the challenge. tion
10- The Employera t
agrees not to take any adverse action against an employee based
employee's employment eligibility status while SSA or DHS is processing the verification) othe
ast
unless the Employer obtains knowledge (as defined in 8 C.F.R, 274a.!
not work authorized. The Employer understands that an initial �)) that @ne em ee is
automated verification to verify work authorization, a tentative nonconb,y of the SSS DHS
a photo non -match, does not mean, and should not be interpreted anon, or the g of
employee is not work authorized, In any of the cases listed above, employeep wndncation ed
the opportunity to contest the finding, and if he or she does so, may no he terminatedmso vided
any adverse employment consequences until and unless secondary verification by SSA DHS
has been completed and a final nonconfurmation has been issued, If the employee does nod oose
to contest a tentative nonconfirnnation or a photo non -match, then the Employer can d the
employee isnot work authorized and take the appropriate action
11. The Employer agrees to comply with section 2748 of the INA b i'
unlawfully against any individual in hiring, fining, or recruitment or re not
not discr' jng
his or her national origin or, in the case of a practices a of
Of the IM4, because of his or her citizenshipproatused individual as defined in section 27 a}(3)
Practices can include selective verificatiors use of &V mployer understands that sue (legal
eligible employees because they appear or sound "forei�� dnd premature
or rterm, Qi hire
$n , and premature term' of
Company ID Number: 99962
employees based upon tentative nonconfirmations, and that am tv--
13,
thei
imi nigration-relaidemploymentpracticesprovisions of the INA coId ubeect the Ecivilpenalties pursuant to section 274B of the INA and the terminationofits artici Verify. If the Employer has any questions relating to the ati-discrim' P contact OSC at 1-800-255-7658 or 1-800-237-2515 (TDD). mon provision12. The Em to erverificationnumbor the
or to print the screon con ng the casetverl� ation numbeC d attach it tto the ememplon��I-9.
The Employer agrees that it will use the information it receives fibility
rom the SSA
S
Pursuant to E -Verify and this MOU only to conf'rm the emptoyrne
DHS
eligibility employees after completion of the Form 1-9. The Employer agrees that no
of will safe
information, and moans of access to it (such as PINS and passwords)to
for
hired
this
any other purpose and as necessary to protect its confidentiality,incl nsure, that it is
not disseminated to any person other than employees rg ensuring
used
it is
of the Employer
perform the Employer's responsibilities under this MOU. Who are autho
d io
14. 1710 Employer acknowledges that the information which it receives from
governed by the Privacy Act (5 U.S.C. § 552a (i) (I) and (3)) and the
Social SecurityAis
U.S.C. 1306(a)), and that any person who obtains this information under false Pretenses
for any purpose other than as provided for in
t (42
es it
this MOU may be subject to criminal pen$1ti
15. The Employer agrees to allow DRS and SSA, or their authorized agents or desi
retake periodic visits to the Employer for the
es, to
se of reviewing1✓' VV '
Forms I-9, SSA Transaction Records, and DffS verification records, which were
create the Enlploycr's participation in the
i.e.,
E -Verify program. In addition, for the purpose of ev
E -Verify, the Employer agrees to allow DRS and SSA or their
wring
ting
authorized
interview it regarding its experience with F -Verify, to interview employees gents or deet
use concerning their experience with the
,to
erify
pilot, and to make employmentduring
d E-Ve ' lated
records available to DHS and the SSA, or their designated agents or designees.
with the terms of this paragraph may lead DHS to terminate the Employer's gac l;s to E to V
cess to B -V �13'
ABLIC—LE rrr I
REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT 0
HOMELAND SECURITY
A, REFERRAL TO THE SSA
I
1, If the Employer receives a tentative nonconf>nnation issued by SSA, the Emplo must
print the tentative nonconfirmation notice as directed by the automated system and pro it to
the employee so that the employee may determine whether he or she will contest the t tdve
nonconfirmation.
s
2. The Employer will refer employees to SSA field offices only
automated system based on a tentative nonconftraation, and only atter the Em ler r ee ted the
case verification number, reviews the input to detect any transaction errors P y the
the employee contests the tentative nonconfirmation, The Employer will and mit th' s that
Security Number to SSA for verification a i�nsdt octal
gain if this review indicates a need to do The
Company M Number: 99962
Employer will determine whether the employee contests the tentative nanconfirmation as on as
possible after the Employer receives it,
3. If the employee contests an SSA tentative nonconfamation, the Employer will outdo
the employee with a referral letter and instruct the employee to visit an SSA office to res a the
discrepancy within 8 Federal Government work days. The Employer wilii snake a second
to the SSA database using E -Verify procedures on the date that is 10 Federal a e c n d w�
days after the date of the referral in order to obtain canf`innation, or final ztonconfirmatio ess
otherwise instructed by SSA or unless SSA determines that more than 10 days is n to
resolve the tentative nonconfrmation..
4. The Employer agrees not to ask the employee to obtain a printout from th or
Security Number database (the Numident) or other written verification of the Social iel
unity
Number from the SSA,
L If the .Employer receives a tentative nonconfirmation issued by DirS, the r�mplojwtjvt6Oa
mut
print the tentative nonconfirmation notice as directed by the automated system and proithe employee so that the employee mayJ determine whether he or she will contestthenonconfirmation,
2. If the Employer finds a photo non -match for ars ;alien who provides ar document f
the automated system has transmitted a photo, the employer moat print the
! hioh
photo no
tentative nonconfirmation notice as directed by the automated system and provide i
employee so that the employee may determine he
etch
the
whether or she will contest the finding.
3. The Employer agrees to refer individuals to DHS only when the employee ch
contest a tentative nonronfirmation received from DHS automated verification process
the Employer issues a tentative noneonfirmation based
es to
when
upon a photo non -match. The E
will determine whether the employee contests the tentative nonconfirmation
lover
after the Employer receives it. as soon as
ssible
4, if the employee contests a tentative nonconfiirmation issued by DHS, the Empl
provide the employee with a referral letter and instruct the employee to contact the De
r will
through its toll-free hotline within 8 Federal Government work days,
ent
51 If the employee contests a tentative nonconiirmation based upon a photo non -m
Employer will provide the employee with a referral letter to DHS.
DHS will eleetrcally
transmit the result of the referral to the Employer within 10 Federal Government work da
f
referral unless it determines that more than 10 days is necessary,
the
6. The Employer agrees that if an employee contests a tentative non co i
upon a photo non -match, the Employer will s nfumatio' based
send a copyof the y
7'66 to DHS for review by: emplo ee s Form I-551 or
rm I-
* Scanning and uploading the document, or
« Sending a photocopy of the document by an express
by DHS). mail account (firraished and id for
. — - - -rt-r" _.
Company ID Number: 99962
7. The Employer understands that if it cannot determine whether there is
match/non-match, the Employer is required to forward the employee's documentation toJhoto
y
scanning and uploading, or by sending the document as described in the preceding pard
resolving the case as specified by the immigration Services Verifier at DIS who wiil d
the photo match or non -match. e
ART'I---- CLQ IAV
The SSA and DHS will not charge the Employer for verification services performedr this
MOU. The Employer is responsible for providing equipment needed to Make inquiries. T ss
the E -Verify System, an Employer will need a personal computer with Internet access.
AmCI-E
This MOU is efI'ectivc upon the signature of all parties, and shall continue in effect for ash ng as
the SSA and DHS conduct the E -Verify program unless roadbed in `writing by the utual
consent of all parties, or terminated by any party upon 30 days prior written notice to th thers.
Any and all system enhancements to the E -Verify program by DHS or SSA., including
limited to the E -Verify checking against additional data sources and instituting new ver t `on
procedures, will be covered under this MOU and will not cause the need for a supplemen OU
that outlines these changes. DHS agrees to train employers on all changes made to e
through the use of mandatory refresher tutorials and r
without changes to E -Ver*, ' the De �s E -Verify manual Even
'+ Department reserves the rlp,ht to rr�quire employers take
mandatory refresher tutorials.
Termination by any party shall terminate the MOU as to all parties, ThMay
e SSA D
or
terminate this MOU without prior notice if deemed necessary because of the reguiremen
or policy, or upon a determination by SSA or DHS that there has been
f law
O a breach
integrity az security by the Employer, or a failure on the part of the Employer to
stem
com
established procedures or legal requirements. Some or all SSA and DHS res nsibiliti
thus MOU may be performed by contractor(s), and SSA and DHS
with
der
ma
responsibilities between each other as they may determine.y adjust ver
tion
Nothing in this MOU is intended, or should be construed, to create any right or
substantive or procedural, enforceable at law by any third party against the
efi
United S
agencies, officers, or employees, or against the Employer, its agents, officers, or employ
s, its
Each party shall be solely responsible for defending any claim or action against it "in
related to E -Verify or this MOU, whether civil or criminal, and for an g R
Including (but not limited to) any dispute between the Employer and any otlherrip n
r or
ntr�ty
d
regarding the applicability of Section 403(4) of MURA to any action taken or allegedly '
the Employer.
n by
The employer understands that the fact of its participation in &Verify is not a
information and may be disclosed as authorized or required by law and Df3S or Sc
including but not limited to, Congressional oversight, E -Verify publicity and media
and responses to inquiries under the Freedom of Information Act (FOIA).
Company ID Number: 99962
The foregoing constitutes the full agreement on this sub cot between
Employer. the SSA, DHS,
The individuals whose signatures appear below represent that they are authorlmd to e1
this MOU on behalf of the Employer and DHS respectively.
To be accepted as a participant in E -Verify, you ahould only sign the Employer's Se
the signature page, If you have any questions, contact p, -Verify Gpemtions at 8.
4218.
Employer Mitchell & Stark Construction. Co., Im
Matthew Helwig;
Name (Please type or print)
Elestronica iy Slrned 02/13/2008
Signature
.DepartmentotHomeland Security-- verification Divisiob
USCIS Verification Dh4siol,
pTarne (Please type or print)
Etemmdcolly Sh ed 02/13/2
Signature Date ___
the
into
Of
Company M Number: 99962
Information relating to your Company:
Company Name: Ki
Company Facility Address: IN
Company Alternate Address:
County or Parish: JACKSON
Matthew J 8elwig
Employer Identification Number: 350964920
(812) 966 - 21st Fax Number: (912)966-2862
North American Industry
mholwis@-mitcbelistark com
Classification Systems Code; 237
Belinda Bargbacher
Parent Company:
(7,39)597-2165 Fax Number: (239) s66 - 7863
bburgbacher@mitcheilstark.com
Number of Employees: ZD —to"
Number of Sites Verified for: 2
Are you verifying for more than I sita? Ifyes, please
provide the number of sites verified for in each State,
0 INDIANA
! sitt(s)
9 FLORIDA
I sito(s)
Information relating to the Program Administrator(s) for your Company on policy questions or operational P
Name:
Matthew J 8elwig
Telephone Number:
(812) 966 - 21st Fax Number: (912)966-2862
&mail Address:
mholwis@-mitcbelistark com
Name:
Belinda Bargbacher
Telephone Number:
B -marl Address,
(7,39)597-2165 Fax Number: (239) s66 - 7863
bburgbacher@mitcheilstark.com
Name:
Conal► Sparks
Telephone Number:
(812) %6 - ttsl Fax Number: (8I2) 966 _2862
E-mail Address:
csparks@raitebeliatark.eom
co t,e,Y County
Administrative Services Department
Procurement Serviees Division
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 M4...__....._.._..... -
(as shown on income tax return)
Business Name
(if different from taxpayer name) 1
Address C- e t -,t L _ ,_I�City /i� 4p la
State�v - _ _ .. Zip __ 3 % 1c�
Telephone 1?.S - 512, 2 ifAX 1-81 -d& 1--') ITI-,Sr Email e M iIFe-%, �- ll Oe' >L .
...... ......... _.__..... .__._....... ..........
Order Information Remit l Payment Information
Address e' Pr e%. `e'
". Address d-
City ,_, State Zip _ City State Zip
FAX -- -- — FAX
Email Email J_
2. Company Status (check only one)
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, 1 certify that the information shown on this form is correct to my knowledge.
Signature
Title
Date
Phone Number
CJR,
19
Construction Services Agreement: Revised 06152017
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 signed and approved agreement and Purchase Order, the undersigned proposes to
commence work at the site within five (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 One Hundred Fifty (150) consecutive calendar days, computed by
excluding the commencement date and including the last day of such period, and to be fully completed to
the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial
Completion, computed by excluding commencement date and including the last day of such period.
Respectfully Submitted:
State of F ) ar_t,a L -
County of
r e..^) p��r..� a --- , 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.
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of..AJc4t &"��'r ,
which operates under the legal name of /k��alt w�k`If�-✓_',y e.. , and
the full names of its officers are as follows:
President
(` ��-✓
�� iyrye- i
Secretary
°� N
ell
Treasurer
Manager
Q '' i�.
r ,,yev 12l _
20
Construction Services Agreement: Revised 06152017
The A CI�,x) 4 e --J41' I is authorized ton construction bids and contracts for
the company by action of its Board of Directors taken i-A--r�-9 1 �c _ _._., a certified
copy of which is hereto attached (strike out this last sentence if not applicable).
(b) Co-Partnersh
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
Complete for information contained in (a) Corporation, (b) Co -Partnership or (c) Individual from previous
page.
F= AD
Legal Entity
BY:
Witness Name of Bidder (Typed)
Witness Signature
Title
21
Construction Services Agreement: Revised 06152017
STATE OF r '3
COUNTY OF (= 11 –t r -
The foregoing instrument was acknowledged before me this k day of $T 2017, by
as P—rWa tea- of
Nt;��►•_Ett a -S .�k GSN t�ucaf�� �_.y^�� a 0. Na corporation, on behalf of the
corporation. jeshe is personally known to me or has produced
a is dentification and did (did not) take an oath.
My Commission Expires:
22
Construction Services Agreement: Revised 06152017
Signature of Notary)
.5
NAME:, g �/
(Legibly Pribgd
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
if. �o: &' -,
B%LiNUABURGBACHER
MY COMMISSION k FF 162014
4f t5
EXPIRES: January 22, 2019 3
Band d T hruNo,iryPub+LUnda,;,h
" i
22
Construction Services Agreement: Revised 06152017
BID BOND
Mitchell & Stark Construction Co., Inc.
KNOW ALL. MEN BY THESE PRESENTS, that here n after called the Principal} and
film, Shirley StreatNapies, Florida 34109 m— (herein
Fidelity an Deposit Company or Maryland
called the Surety), a corporation chartered and existing under the laws °and authorized
Maryierxl with its principal offices in the city of are held and firmly bound unto the
to do business in the State of Florida -�-
(hereinafter called the Owner),
Collier County Board of commissioners. --- dollars
in the full and just sum of Five Percant of the Maximum Bid to be paid
_Amount ^_,
(t 5% ) good and lawful money of the United States of America,
and the
upon demand of the Owner, to which
Surety bind themselves, their heirs, and executors,nadministrators,to beadeandthe ass gnsPrinc!pal Jointiy and
severally and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for fumishing all
labor, materials, equipment and incidentals
d No n11 7122 Cit Gate Boulevard to furnisht (l, and North fEztens on Phase
ete the
Work on the Project known a
3.
RCI
AL and
NOW, THEREFORE, if the Owner
ihe Bid of theOwner and wthin enPdays after theRdat INCIPAL of a
shall enter into the required Agreement with he
written Notice of Award in acorAmount as a supe specified ins of such the Bidding D cumen s or Contract
ive such bond or bonds in
an amount of 100% the total Contract
Documents with good and rmaterials and supplies furety for the rnished he prosecutionl performance of the gthe thereof o , in he
d for
the prompt payment of labor,
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 ce rt �cafes of insurance . R the noted above as liquidated damAages,all andanot ato s a
OBLIGEE the fixed sum of $
penalty, as provided in the glDCtcuments, then this obligation shall be null and void,
otherwise to remain in full force and ffe
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly
signed and sealed this sth day of september
2017
Principal
MITCHELL & STARK CONSTRUCTION
(Seal)
BY BRIAN PENNER, CEO
Surety
FIDELITY AND DEPOSIT COMPANY PANY OF MARY D ---
(Seal)
ROBERT E VOLLIAMS, JR. ATTORNEY IN FACT
Countersigned__.__u._...._._........ -----......_.._..__.._..__..�— -- -- _
Local Resident Producing Agent for
23
Construction Services Agreement: Revised 02132017
17_7122 City Gate Boulevard North Extension Phase 3
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, die COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Robert E. WILLIAMS, JR., of Brownstown, Indiana, its true and lawful agent and Attorney -in -Fact, to make,
execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of
such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE
COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY. -OF MARYLAND, this 19th day of May, A.D. 2017.
ATTEST:
Lor
(jjt4'1`.
Assistant Secretary
Dawn E. Brown
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
,,.iNr.vnNl,�
D[IDs4, GptttNg�
$CAL
i
Vice President
Michael Bond
State of Maryland
County of Baltimore
On this 19th day of May, A,D. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL
BOND, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that
he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN 'I srrmONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
r.
/''�
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019
POA -F 044-3937A
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in. -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seas, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time." CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
INWSTIMONY WHEREOFaffixed , I have hereunto subscribed my name and axed the corporate seals of the said Companies,
this day of 20LI.
ea o[iof� p�aflNr^ � V�L�{.
11tH ,i 9;tZ�,.i098 ��5 811tAL
David McVicker, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED
INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
THIS SHEETMUST BE SIGNED BY VENDOR
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, 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 and the County's
Substitute W9
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.
10. The Bid will be uploaded in time to be received no later than the specified opening date
and time, otherwise the Bid cannot be considered.
Bidder Name
C'�Sr
ignature & Title Date
24
Construction Services Agreement: Revised 06152017
co ,e, -r Coui4ty
Administrative Services Department
Procurement Services Division
Memorandum
Date: September 5, 2017
Email: kristoferlopez@colliergov.net
Telephone: (239) 252-8944
FAX: (239) 252-6593
ADDENDUM 1
From: Kristofer Lopez, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 1
Solicitation # ITB 17-7201 City Gate Boulevard Extension Phase 3
The following clarifications are issued as an addendum identifying the following change (s) for the
referenced solicitation:
1. Updated Vendor Insurance Form has been attached, please submit updated insurance form with
bid submittal.
2. Change: . Bid due date has been
extended to Friday September 15, 2017 @ 3:00 PM.
If you require additional information please post a question on the Online Bidding site or contact
me using the above contact information.
c: Mark Mcleary, Project Manager
Addendum-remplate
Revised: 4/15/10
1
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with Mitchell & Stark Construction Co., Inc., ("Contractor") of 6001 Shirley
Street, Naples, Florida 34109, a Corporation, authorized to do business in the State of Florida,
to perform all work ("Work") in connection with City Gate Boulevard North Extension Phase
3, Invitation to Bid No. 17-7201 ("Project"), as said Work is set forth in the Plans and
Specifications prepared by Davidson Engineering, Inc., 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: One Million Nine Hundred Forty -Three Thousand Five Hundred Eight -Five
Dollars and Seven Cents ($1,943,585.07)
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
25
Construction Services Agreement: Revised 06152017
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.
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 One Hundred Fifty (150) 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 Five Hundred and Eighty -Four Dollars ($1,584.00) for
each calendar day thereafter until Substantial Completion is achieved. Further, in the
event Substantial Completion is reached, but the Contractor fails to reach Final Completion
within the required time period, Owner shall also be entitled to assess and Contractor shall
be liable for all actual damages incurred by Owner as a result of Contractor failing to timely
achieve Final Completion. The Project shall be deemed to be substantially completed on the
date the Project Manager (or at his/her direction, the Design Professional) issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize the
above noted liquidated damages as a penalty, which the parties agree represents a fair
and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time periods.
26
Construction Services Agreement: Revised 06152017
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, 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 17-7201 City Gate Blvd
Extenstion North Phase 3.
Exhibit A: Performance and Payment Bond Forms
Exhibit B: Insurance Requirements
Exhibit C: Release and Affidavit Form
Exhibit D: Contractor Application for Payment Form
27
Construction Services Agreement: Revised 06152017
Exhibit E:
Change Order Form
Exhibit F:
Certificate of Substantial Completion Form
Exhibit G:
Final Payment Checklist
Exhibit H:
General Terms and Conditions
Exhibit I:
Supplemental Terms and Conditions
Exhibit J:
Technical Specifications
Exhibit K:
Permits
Exhibit L:
Standard Details (if applicable)
Exhibit M:
Plans and Specifications prepared by Davidson Engineering
and identified as follows: 17-7021 CGPH3 Row Plans S&S
as shown on Plan Sheets 1 through 52.
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:
Collier County Board of County Commissioners, Florida
c/o Transportation Engineering & Construction Management
2885 S. Horseshoe Drive
Naples, Florida 34104
Attn: Mark McCleary, Principal Project Manager
Phone: (239) 252-8442
Email: MarkMcClearyC�colliergov.net
B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be
made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile,
addressed to the following:
Mitchell & Stark Construction Co., Inc.
6001 Shirley Street
Naples, Florida 34109
Attn: Brian Penner, President
Phone: (239) 597-2165
Fax: (239) 566-7865
Email: Bpenner(o)-mitchellstark.com
C. Either party may change its above noted address by giving written notice to the other
party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been
informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as
follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to
28
Construction Services Agreement: Revised 06152017
a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of the
State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of the Agreement shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full and
entire agreement between the parties affecting the Work contemplated, and no other agreement
or understanding of any nature concerning the same has been entered into or will be
recognized, and that all negotiations, acts, work performed, or payments made prior to the
execution hereof shall be deemed merged in, integrated and superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
Section 16. 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.
29
Construction Services Agreement: Revised 06152017
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract Documents, the
terms of the Construction Agreement and the General Terms and Conditions shall take
precedence over the terms of all other Contract Documents, except the terms of any
Supplemental Conditions shall take precedence over the Construction Agreement and the
General Terms and Conditions. To the extent any conflict in the terms of the Contract
Documents including the Owner's Board approved Executive Summary cannot be resolved by
application of the Supplemental Conditions, if any, or the Construction Agreement and the
General Terms and Conditions, the conflict shall be resolved by imposing the more strict or
costly obligation under the Contract Documents upon the Contractor at Owner's discretion.
30
Construction Services Agreement: Revised 06152017
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
Contractor's Witnesses:
First fitness
��c'..n2 J �2iNN%?--
TType/print witness nameT
-second Witness
TType/print witness nameT
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By -
Penny Taylor, Chairman
CONTRACTOR:
Mitchell & Stark Construction Co., Inc.
Signature
TType/print signature and titleT
12 1 3 1 1 7
Date
Approved as to Form and Legality:
Deputy County Attorney
Print Name
31
Construction Services Agreement: Revised 06152017
EXHIBIT A 1: PUBLIC PAYMENT BOND
City Gate Boulevard North Extension Phase 3
Bond No.
Contract No. 17-7201
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.
32
Construction Services Agreement: Revised 06152017
CLQ'
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF _
COUNTY OF
BY:
NAME:
ITS:
PRINCIPAL
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:
NAME:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witnesses to Surety
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commission No.: _
SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
(Printed Name)
33
Construction Services Agreement: Revised 06152017 ��
Witnesses
STATE OF
COUNTY OF
The foregoing
KV
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
instrument was acknowledged before me this day of
20 1 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:
(AFFIX OFFICIAL SEAL)
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
34
Construction Services Agreement: Revised 06152017
EXHIBIT A 2: PUBLIC PERFORMANCE BOND
City Gate Boulevard North Extension Phase 3
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as
Bond No.
Contract No. 17-7201
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.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
120 , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
35
Construction Services Agreement: Revised 06152017
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF
COUNTY OF
PRINCIPAL
BY:
NAME:
ITS:
The foregoing instrument was acknowledged before me this day of
20 1 by , as
of
corporation, on
known to me OR has produced
identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
behalf of the corporation.
(Signature)
Name:
(Legibly Printed)
a
He/she is personally
as
Notary Public, State of:
Commission No.:
36
Construction Services Agreement: Revised 06152017 RIC,
ATTEST:
Witnesses as to Surety
Witnesses
STATE OF
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
The foregoing instrument was acknowledged before me this day of
20 by as of
,a Sirety, 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:
(AFFIX OFFICIAL SEAL)
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
37
Construction Services Agreement: Revised 06152017
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", or, the specific solicitation number and title.
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.
Coverages 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
38
Construction Services Agreement: Revised 06152017
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 coverages purchased or the insurance
company or companies used. The decision of the County to purchase such insurance coverages shall in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the 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.
39
Construction Services Agreement: Revised 06152017
Collier County Florida
Insurance and Bonding Requirements
Insurance / Bond Type
Required Limits
1. ® Worker's
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation
Statutory Limits and Requirements
2. ® Employer's Liability
$ _1,000,000 single limit per occurrence
3. ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current
$_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily
ISO form
Injury Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification
To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall defend, indemnify and hold harmless
Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys'
fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the
ContractorNendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of this Agreement.
5. ® Automobile Liability $ _1,000,000_ Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
6. ❑ Other insurance as ❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ Per claim & in the aggregate
• $1,000,000 per claim and in the aggregate
$2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
7 ® Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
40
Construction Services Agreement: Revised 06152017
eC`��
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.
8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A=' or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
9. ❑ Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Consultant shall provide County with certificates of Insurance meeting the required insurance
provisions.
10. ❑ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General
Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance
maintained by, or available for -the benefit of, the Additional Insured and the Vendor's policy shall be endorsed
accordingly.
11. ❑ The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work
performed on behalf of Collier County.
12. ❑ Thirty (30) Days Cancellation Notice required.
RLC 8/8/2017
Consultant'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
Consultant
Signature
Print Name
Insurance Agency
Agent Name
Date
11 e—
c
Telephone Number
41
Construction Services Agreement: Revised 06152017
EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF (COLLIER)
STATE OF (FLORIDA)
Before me, the undersigned authority, personally appeared
being duly sworn, deposes and says:
afte r
(1) In accordance with the Contract Documents and in consideration of $ to be received,
("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 . This partial waiver and release is conditioned upon payment of
the consideration described above. It is not effective until said payment is received in paid funds.
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand
against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens
or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by
this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
Witness
Witness
STATE OF
COUNTY OF
by
CONTRACTOR
BY:
ITS:
DATE:
The foregoing instrument was acknowledged before me this day of
as of
President
[Corporate Seal]
20 ,
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:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
NAME:
(Legibly Printed)
Notary Public, State of
Commissioner No.: —
42
Construction Services Agreement: Revised 06152017
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
43
Construction Services Agreement: Revised 06152017
EXHIBIT E: CHANGE ORDER
An electronic data entry form may be found at:
http://bccsp01 /SiteDirectory/ASD/Purchasing/Formsl /Forms/Default.aspx
Change Order Form
Contract* Change#: Purchase Order#: Project #:
ContractorlFinn Name:
Projectldanager Name
Project Name:
Department:
original Ccntrsct,'Wor Order Amount
Original BCC l+pprcial Date; Agenda Item #
Current BCC .Apprc'1edAmount
Last BCC AarfcvslGate; Apends Item#
Current Contract's/or'ic carder Am cunt
SAP Conbact Expiration Date (ktaster)
Dollar Anwunt of this Change
00,I'Vi0!
Toil Change from original Amount
RsliacdContfact'N/cr±OrdarTotal
5
0.00
#D IVO'
I Changefrom CurrentBCC App rmedAmount
C u mulati -r-- C hs nges
5
0.00
#DI'J.+O:
Chan efromCurrentAn-cunt
Completion Date, Description of the Task(s) Change, and Rationale for the Change
Notice to ProceeOriginal Last Approved Revised Date
Date Completion Dat Date t"t'sc'ang',
#of DaysAdded Select Tasks 13 Add newtask(s) ❑ Deletetask(si O Changetask(si ❑ Other ti aatNx';
Provide a respon se to the fol lowing: 1. )detai led and sp eeific explanationhatio nale of the requested change{s)to the tas k(s) and J or
the additional days.added (if requested); 2.1whythis changewa5 not included in theoriginal contract; and, 3.1 describe the impact if
this change is not processed. Attach additkm3l information from the Desigr; Profsssioral ass or Cortraaior if rst-3=d.
Prepared by: Date:
;Project 1:1ar,a.yer blame and Department"y
Acceptor : e of t h is C r srge Order s hall cons tr ule a mod ific 3tion to cort ract i Mork order identified above and will be 5 4 b;?e-1 to a 111 he 5 am e
terms ar.,dcordhi r3 as cont3inf inch,scont ractl eiorkorderirliu'atevabOVe. as %ItYas ifthe3arnaware'stat aJ inthis acoeptance. The
adjustment, 'if any, to the Contract s hall eorsiinite a fu II and final aell tement of any and alt ciaime of the Contractor, Vendor i Cons Ultam 1
Design Profsssioral arising out of or related to lh>_ chargge ael forth herein, mcludir.g claims for impact and delay costs.
Accepted by: Date:
(Contractor f 1+erdor! Const hani + Design Professional and Name of Firm, if proj�t app!habk'y
Approved by: Date:
{Design Professfor al and Name of Firm, if pr. yxt appliz abie9
Approved by:
{PDate:
ncruremert Professional
44
Construction Services Agreement: Revised 06152017 oto
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
Design Professional's Project No.
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.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
45
Construction Services Agreement: Revised 06152017 �.,o
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
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
OWNER
By:
Type Name and Title
20
20
46
Construction Services Agreement: Revised 06152017
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
11
12
Consent of Surety received on
Operating Department personnel notified Project is in operating phase.
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
explanation.
Acknowledgments:
By Contractor:
By Design
Professional:
By Owner:
If NO is checked for any of the above, attach
(Company Name)
(Signature)
(Typed Name & Title)
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
47
Construction Services Agreement: Revised 06152017
D-40
EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work,
materials or equipment that may reasonably be inferred from the Contract Documents as being
required to produce the intended result shall be supplied whether or not specifically called for.
When words which have a well known technical or trade meaning are used to describe work,
materials or equipment, such words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals or codes of any technical society, organization or
association or to the laws or regulations of any governmental authority having jurisdiction over
the Project, whether such reference be specific or by implication, shall mean the latest standard
specification, manual, code, law or regulation in effect at the time the Work is performed, except
as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from
the Project Manager may require Contractor to consult directly with Design Professional or
some other third party, as directed by Project Manager. Contractor shall take field
measurements and verify field conditions and shall carefully compare such field measurements
and conditions and other information known to Contractor with the Contract Documents before
commencing any portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and
are not intended to serve as shop drawings. Specifications are separated into divisions for
convenience of reference only and shall not be interpreted as establishing divisions for the
Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy
between or among the drawings, specifications or other Contract Document provisions,
Contractor shall be required to comply with the provision which is the more restrictive or
stringent requirement upon the Contractor, as determined by the Project Manager. Unless
otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware,
accessories, trim and other parts required in connection with any portion of the Work to make a
complete, serviceable, finished and first quality installation shall be furnished and installed as
part of the Work, whether or not called for by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying
itself concerning the nature and location of the Work and the general and local conditions, and
particularly, but without limitation, with respect to the following: those affecting transportation,
access, disposal, handling and storage of materials; availability and quality of labor; water and
electric power; availability and condition of roads; work area; living facilities; climatic conditions
and seasons; physical conditions at the work -site and the project area as a whole; topography
and ground surface conditions; nature and quantity of the surface materials to be encountered;
subsurface conditions; equipment and facilities needed preliminary to and during performance
of the Work; and all other costs associated with such performance. The failure of Contractor to
acquaint itself with any applicable conditions shall not relieve Contractor from any of its
responsibilities to perform under the Contract Documents, nor shall it be considered the basis
for any claim for additional time or compensation.
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Construction Services Agreement: Revised 06152017
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility
services above, upon, or under the Project site, said roadways, railways, drainage facilities and
utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the
owners of all Utilities to determine the necessity for relocating or temporarily interrupting any
Utilities during the construction of the Project. Contractor shall schedule and coordinate its
Work around any such relocation or temporary service interruption. Contractor shall be
responsible for properly shoring, supporting and protecting all Utilities at all times during the
course of the Work. The Contractor is responsible for coordinating all other utility work so as to
not interfere with the prosecution of the Work (except those utilities to be coordinated by the
Owner as may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are
encountered at the Project site which are (i) subsurface or otherwise concealed physical
conditions which differ materially from those indicated in the Contract Documents or (ii)
unknown physical conditions of an unusual nature, which differ materially from those ordinarily
found to exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, and which reasonably should not have been
discovered by Contractor as part of its scope of site investigative services required pursuant to
the terms of the Contract Documents, then Contractor shall provide Owner with prompt written
notice thereof before conditions are disturbed and in no event later than three (3) calendar days
after first observance of such conditions. Owner and Design Professional shall promptly
investigate such conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner will
acknowledge and agree to an equitable adjustment to Contractor's compensation or time for
performance, or both, for such Work. If Owner determines that the conditions at the site are not
materially different from those indicated in the Contract Documents or not of an unusual nature
or should have been discovered by Contractor as part of its investigative services, and that no
change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing,
stating its reasons. Claims by Contractor in opposition to such determination by Owner must be
made within seven (7) calendar days after Contractor's receipt of Owner's written determination
notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of
performance, the dispute resolution procedure set forth in the Contract Documents shall be
complied with by the parties.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall
prepare and submit to Project Manager, for their review and approval, a progress schedule for
the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work
required by the Contract Documents, and shall utilize the Critical Path method of scheduling and
shall provide for expeditious and practicable execution of the Work within the Contract Time.
The Progress Schedule shall indicate the dates for starting and completing the various stages of
the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its monthly
Applications for Payment noted below. The Project Manager's review and approval of the
submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation
to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the requirements
of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will
49 (90Construction Services Agreement: Revised 06152017
generally be limited to the hours of 7 a.m. to 5 p.m., Monday through Friday. No work shall be
performed outside the specified hours without the prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to
Project Manager, for their review and approval, a schedule of values based upon the Contract
Price, listing the major elements of the Work and the dollar value for each element. After its
approval by the Project Manager, this schedule of values shall be used as the basis for the
Contractor's monthly Applications for Payment. This schedule shall be updated and submitted
each month along with a completed copy of the Application for Payment form signed by the
Contractor's authorized representative and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to
the Project Manager the list of its Subcontractors and materialmen submitted with its Bid
showing the work and materials involved and the dollar amount of each subcontract and
purchase order. Contractor acknowledges and agrees that any modifications to the list of
Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors
are subject to Owner's prior written approval. The first Application for Payment shall be
submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding
anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may
submit its invoice for any required Payment and Performance Bonds prior to the first Application
of Payment provided that Contractor has furnished Owner certified copies of the receipts
evidencing the premium paid by Contractor for the bonds.
4.3 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
(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.
4.5 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
CSC
50
Construction Services Agreement: Revised 06152017
Application for Payment. The Owner shall, within ten (10) business days after the Application
for Payment is stamped and received and after Project Manager approval of an Application for
Payment, pay the Contractor the amounts so approved.
4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment
request or ten percent (10%) of the portion thereof approved by the Project Manager for
payment, whichever is less. Such sum shall be accumulated and not released to Contractor until
final payment is due unless otherwise agreed to by the Owner in accordance with Florida
Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held throughout the
course of the Project schedule. Owner shall reduce the amount of the retainage withheld on
each payment request subsequent to fifty percent (50%) completion subject to the guidelines
set forth in Florida Statute 255.078 and as set forth in the Owner's procurement ordinance and
policies.
4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.8 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging
Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are
then due and payable by Owner with respect to the current Application for Payment. Further, to
the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a
Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form
attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier
has been paid in full through the previous month's Application for Payment. The Owner shall not
be required to make payment until and unless these affidavits are furnished by Contractor.
4.9 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals based
on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first
monthly Application for Payment, Contractor shall prepare and submit for Project Manager's
review and approval, a detailed Project Funding Schedule, which shall be updated as necessary
and approved by Owner to reflect approved adjustments to the Contract Amount and Contract
Time. No voluntary acceleration or early completion of the Work shall modify the time of
payments to Contractor as set forth in the approved Project Funding Schedule.
4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work required of it
under this Agreement pending resolution of the dispute provided that Owner continues to pay
Contractor all amounts that Owner does not dispute are due and payable.
4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion
of contract. Any untimely submission of invoices beyond the specified deadline period is subject
to non-payment under the legal doctrine of "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 may not
accept any additional surcharges (credit card transaction fees) as a result of using the County's
credit card for transactions relating to this solicitation
51
Construction Services Agreement: Revised 06152017
6. 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 of
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
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
52fjO
Construction Services Agreement: Revised 06152017 0,,
damages for defective Work not discovered by the Design Professional or Project Manager at
the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents ,for all requirements for
approval of materials to be submitted such as shop drawings, data, test results, schedules and
samples. Contractor shall submit all such materials at its own expense and in such form as
required by the Contract Documents in sufficient time to prevent any delay in the delivery of
such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular supplier, the naming of the
item is intended to establish the type, function and quality required. Unless the name is
followed by words indicating that no substitution is permitted, materials or equipment of other
suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow
the Owner to determine that the material or equipment proposed is equivalent or equal to that
named. Requests for review of substitute items of material and equipment will not be accepted
by Owner from anyone other than Contractor and all such requests must be submitted by
Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received
by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof, certifying that
the proposed substitute shall adequately perform the functions and achieve the results called for
by the general design, be similar and of equal substance to that specified and be suited to the
same use as that specified. The application shall state that the evaluation and acceptance of
the proposed substitute will not prejudice Contractor's achievement of substantial completion on
time, whether or not acceptance of the substitute for use in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract with Owner for
the Project) to adapt the design to the proposed substitute and whether or not incorporation or
use by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in the
application and available maintenance, repair and replacement service shall be indicated. The
application also shall contain an itemized estimate of all costs that will result directly or indirectly
from acceptance of such substitute, including costs for redesign and claims of other contractors
affected by the resulting change, all of which shall be considered by the Project Manager in
evaluating the proposed substitute. The Project Manager may require Contractor to furnish at
Contractor's expense additional data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction acceptable to the
Project Manager, if Contractor submits sufficient information to allow the Project Manager to
determine that the substitute proposed is equivalent to that indicated or required by the Contract
Documents. The procedures for submission to and review by the Project Manager shall be the
same as those provided herein for substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each
proposed substitute and, if need be, to consult with the Design Professional. No substitute will
be ordered, installed or utilized without the Project Manager's prior written acceptance which
shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved
Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special
53
Construction Services Agreement: Revised 06152017
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.
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
54
Construction Services Agreement: Revised 06152017
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.
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.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work
being done on the Project by its subcontractors and material -men, as well as coordinating its
Work with all work of others at the Project Site, so that its Work or the work of others shall not
be delayed or impaired by any act or omission by Contractor. Contractor shall be solely
55 Cfl�
Construction Services Agreement: Revised 06152017
responsible for all construction means, methods, techniques, sequences, and procedures, as
well as coordination of all portions of the Work under the Contract Documents, and the
coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the
Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its
fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of
government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall
notify the Owner in writing within forty-eight (48) hours after the commencement of such delay,
stating the cause or causes thereof, or be deemed to have waived any right which Contractor
may have had to request a time extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any
right to damages or additional compensation from Owner. Contractor expressly acknowledges
and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against
Owner will be the right to seek an extension to the Contract Time; provided, however, the
granting of any such time extension shall not be a condition precedent to the aforementioned
"No Damage For Delay" provision. This paragraph shall expressly apply to claims for early
completion, as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue performing
Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver
of any right or claim Owner may have against Contractor for delay damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to increase or
decrease the Work. Promptly after being notified of a change, Contractor shall submit an
itemized estimate of any cost or time increases or savings it foresees as a result of the change.
Except in an emergency endangering life or property, or as expressly set forth herein, no
addition or changes to the Work shall be made except upon written order of Owner, and Owner
shall not be liable to the Contractor for any increased compensation without such written order.
No officer, employee or agent of Owner is authorized to direct any extra or changed work orally.
Any alleged changes must be approved by Owner in writing prior to starting such items. Owner
will not be responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be deemed:
(i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that
such items are in fact not a change but rather are part of the Work required of Contractor
hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued
and executed promptly after an agreement is reached between Contractor and Owner
concerning the requested changes. Contractor shall promptly perform changes authorized by
duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in
the Change Order in the manner as Owner and Contractor shall mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested
change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a
written Work Directive Change. In that event, the Contract Amount and Contract Time shall be
adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment
determination, Contractor must make a claim pursuant to Section 11 of these General
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Conditions or else be deemed to have waived any claim on this matter it might otherwise have
had.
10.4 In the event a requested change results in an increase to the Contract Amount, the
amount of the increase shall be limited to the Contractor's reasonable direct labor and material
costs and reasonable actual equipment costs as a result of the change (including allowance for
labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In
the event such change Work is performed by a Subcontractor, a maximum ten percent (10%)
markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor
and material costs and actual equipment costs shall be permitted, with a maximum five percent
(5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum
markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or
sub -subcontractor for field and home office overhead is included in the markups noted above.
Contractor's and Sub -Contractor's bond costs associated with any change order shall be
included in the overhead and profit expenses and shall not be paid as a separate line item. No
markup shall be placed on sales tax, shipping or subcontractor markup.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records to
verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with
any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time and not
inconsistent with the intent of the Contract Documents. Such changes may be effected by Field
Order or by other written order. Such changes shall be binding on the Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County procurement
ordinance and policies and Administrative Procedures in effect at the time such modifications
are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of time or
other relief with respect to the terms of the Contract Documents. The term "Claim" also includes
other disputes and matters in question between Owner and Contractor arising out of or relating
to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party
making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-
eight (48) hours from when the Contractor knew or should have known of the event giving rise
to such Claim or else the Contractor shall be deemed to have waived the Claim. Written
supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after
the occurrence of the event, unless the Owner grants additional time in writing, or else the
Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance
with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the Owner,
regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise
agreed to by the Owner in writing. Owner shall continue to make payments in accordance with
the Contract Documents during the pendency of any Claim.
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12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own forces,
have other work performed by utility owners or let other direct contracts. If the fact that such
other work is to be performed is not noted in the Contract Documents, written notice thereof will
be given to Contractor prior to starting any such other work. If Contractor believes that such
performance will involve additional expense to Contractor or require additional time, Contractor
shall send written notice of that fact to Owner and Design Professional within forty-eight (48)
hours of being notified of the other work. If the Contractor fails to send the above required forty-
eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may
have had to seek an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to such a
direct contract (or Owner, if Owner is performing the additional work with Owner's employees)
proper and safe access to the site and a reasonable opportunity for the introduction and storage
of materials and equipment and the execution of such work and shall properly connect and
coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work
that may be required to make its several parts come together properly and integrate with such
other work. Contractor shall not endanger any work of others by cutting, excavating or
otherwise altering their work and will only cut or alter their work with the written consent of the
Project Manager and the others whose work will be affected. The duties and responsibilities of
Contractor under this paragraph are for the benefit of such utility owners and other Contractors
to the extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the work of
any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to
Project Manager in writing any delays, defects or deficiencies in such work that render it
unavailable or unsuitable for such proper execution and results. Contractor's failure to report
will constitute an acceptance of the other work as fit and proper for integration with Contractor's
Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall
defend, indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consultant in the performance of this Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
Owner and any indemnified party. The duty to defend arises immediately upon presentation of
a claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 13 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement.
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Further, the Contractor shall at all times comply with all of the terms, conditions, requirements
and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws,
codes, statutes, ordinances, rules, regulations and requirements applicable to the Project,
including but not limited to those dealing with taxation, worker's compensation, equal
employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith,
it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code,
statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this
Agreement to be enforceable, such terms shall be deemed included in this Agreement.
Notwithstanding anything in the Contract Documents to the contrary, it is understood and
agreed that in the event of a change in any applicable laws, ordinances, rules or regulations
subsequent to the date this Agreement was executed that increases the Contractor's time or
cost of performance of the Work, Contractor is entitled to a Change Order for such increases,
except to the extent Contractor knew or should have known of such changes prior to the date of
this Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea• and
regulations relating thereto, as either may be amended. Failure by the Contractor to comply with
the laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws of the
United States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E -Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet -based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will
be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP)
including professional services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable
evidence of their enrollment, at the time of the submission of the vendor'stbidder'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.
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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 seg. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)
to comply with the laws referenced herein or the provisions of this affidavit shall constitute a
breach of the award agreement and the County shall have the discretion to unilaterally
terminate said agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all
debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not
indicated in the Contract Documents to be removed or altered, shall be protected by Contractor
from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such
improvements so damaged shall be restored by Contractor to the condition equal to that existing
at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent
in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part
herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this
Agreement or any part thereof, it shall require that its assignee be bound to it and to assume
toward Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work
through an internal budget transfer(s). Contractor is not responsible for paying for permits
issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may
require the Contractor to deliver internal budget transfer documents to applicable Collier County
agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any
permits obtained by Subcontractors.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not
issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work.
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18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such default
shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further
set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents
within the time specified herein; or (2) fails to properly and timely perform the Work as directed
by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs
the Work unsuitably or neglects or refuses to remove materials or to correct or replace such
Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of
the Work; or (5) fails to resume Work which has been suspended within a reasonable time after
being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of
bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10)
days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable
codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially
breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines
that Contractor has not remedied and cured the default(s) within seven (7) calendar days
following receipt by Contractor of said written notice or such longer period of time as may be
consented to by Owner in writing and in its sole discretion, then Owner, at its option, without
releasing or waiving its rights and remedies against the Contractor's sureties and without
prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate
Contractor's right to proceed under the Agreement, in whole or in part, and take possession of
all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor,
take assignments of any of Contractor's subcontracts and purchase orders, and complete all or
any portion of Contractor's Work by whatever means, method or agency which Owner, in its
sole discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall
not be entitled to receive any further payments hereunder until after the Project is completed.
All moneys expended and all of the costs, losses, damages and extra expenses, including all
management, administrative and other overhead and other direct and indirect expenses
(including Design Professional and attorneys' fees) or damages incurred by Owner incident to
such completion, shall be deducted from the Contract Amount, and if such expenditures exceed
the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on
demand the full amount of such excess, including costs of collection, attorneys' fees (including
appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid
balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by
the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to
be paid to the Contractor or Owner, as the case may be, shall be approved by the Project
Manager, upon application, and this obligation for payment shall survive termination of the
Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of any
and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed
by Owner in good faith under the belief that such payments or assumptions were necessary or
required, in completing the Work and providing labor, materials, equipment, supplies, and other
items therefore or re -letting the Work, and in settlement, discharge or compromise of any
claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable,
or that Owner is not entitled to the remedies against Contractor provided herein, then the
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termination will be deemed a termination for convenience and Contractor's remedies against
Owner shall be the same as and limited to those afforded Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty
(30) days after such payment is due or Owner otherwise persistently fails to fulfill some material
obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure
such default within fourteen (14) days of receiving written notice of same from Contractor, then
Contractor may stop its performance under this Agreement until such default is cured, after
giving Owner a second fourteen (14) days written notice of Contractor's intention to stop
performance under the Agreement. If the Work is so stopped for a period of one hundred and
twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or
their agents or employees or any other persons performing portions of the Work under contract
with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by
giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does
not cure its default within fourteen (14) days after receipt of Contractor's written notice,
Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the
Agreement and recover from the Owner payment for Work performed through the termination
date, but in no event shall Contractor be entitled to payment for Work not performed or any
other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount
earned through the date of termination, together with any retainage withheld and reasonable
termination expenses incurred, but Contractor shall not be entitled to any other or further
recovery against Owner, including, but not limited to, damages or any anticipated profit on
portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or
any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to
seek an extension of time to its schedule in accordance with the procedures set forth in the
Contract Documents. In no event shall the Contractor be entitled to any additional
compensation or damages. Provided, however, if the ordered suspension exceeds six (6)
months, the Contractor shall have the right to terminate the Agreement with respect to that
portion of the Work which is subject to the ordered suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready
for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or
such designated portion) is substantially complete. Within a reasonable time thereafter, Owner,
Contractor and Design Professional shall make an inspection of the Work (or designated portion
thereof) to determine the status of completion. If Owner, after conferring with the Design
Professional, does not consider the Work (or designated portion) substantially complete, Project
Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after
conferring with the. Design Professional, considers the Work (or designated portion)
substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of
Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or
designated portion thereof) and include a tentative punch -list of items to be completed or
corrected by Contractor before final payment. Owner shall have the right to exclude Contractor
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from the Work and Project site (or designated portion thereof) after the date of Substantial
Completion, but Owner shall allow Contractor reasonable access to complete or correct items
on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return
of any surplus assets, including materials, supplies, and equipment.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and acceptance,
Project Manager and Design Professional will make such inspection and, if they find the Work
acceptable and fully performed under the Contract Documents shall promptly approve payment,
recommending that, on the basis of their observations and inspections, and the Contractor's
certification that the Work has been completed in accordance with the terms and conditions of
the Contract Documents, that the entire balance found to be due Contractor is due and payable.
Neither the final payment nor the retainage shall become due and payable until Contractor
submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of the
Contract Documents, to the extent and 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.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor
or any subcontractors by any subcontractor or material men supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents. Contractor further warrants to Owner that all materials and
equipment furnished under the Contract Documents shall be applied, installed, connected,
erected, used, cleaned and conditioned in accordance with the instructions of the applicable
manufacturers, fabricators, suppliers or processors except as otherwise provided for in the
Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall correct it
promptly after receipt of written notice from Owner. Contractor shall also be responsible for and
pay for replacement or repair of adjacent materials or Work which may be damaged as a result
of such replacement or repair. Further, in the event of an emergency, Owner may commence to
correct any defective Work, without prior notice to Contractor, at Contractor's expense. These
warranties are in addition to those implied warranties to which Owner is entitled as a matter of
law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another
representative of the Owner, shall conduct an inspection of the warranted work to verify
compliance with the requirements of the Agreement. The Contractor's Representative shall be
present at the time of inspection and shall take remedial actions to correct any deficiencies
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noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be
grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner,
in addition to any other rights and remedies available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and employees,
and governmental agencies with jurisdiction over the Project shall have access at all times to
the Work, whether the Work is being performed on or off of the Project site, for their
observation, inspection and testing. Contractor shall provide proper, safe conditions for such
access. Contractor shall provide Project Manager with timely notice of readiness of the Work
for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any
public authority having jurisdiction over the Project requires any portion of the Work to be
specifically inspected, tested or approved, Contractor shall assume full responsibility therefore,
pay all costs in connection therewith and furnish Project Manager the required certificates of
inspection, testing or approval. All inspections, tests or approvals shall be performed in a
manner and by organizations acceptable to the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and
costs; to the extent such re -inspections are due to the fault or neglect of Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project Manager, be
uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor
has given Project Manager timely notice of Contractor's intention to cover the same and Project
Manager has not acted with reasonable promptness to respond to such notice. If any Work is
covered contrary to written directions from Project Manager, such Work must, if requested by
Project Manager, be uncovered for Project Manager's observation and be replaced at
Contractor's sole expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection with any
overtime work. Such overtime work consisting of any work during the construction period
beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or
holidays.
22.6 Neither observations nor other actions by the Project Manager or Design Professional
nor inspections, tests or approvals by others shall relieve Contractor from Contractor's
obligations to perform the Work in accordance with the Contract Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any warranties
made or assigned by Contractor to Owner shall be deemed defective Work. If required by
Project Manager, Contractor shall as directed, either correct all defective Work, whether or not
fabricated, installed or completed, or if the defective Work has been rejected by Project
Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear
all direct, indirect and consequential costs of such correction or removal (including, but not
limited to fees and charges of engineers, architects, attorneys and other professionals) made
necessary thereby, and shall hold Owner harmless for same.
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23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall
uncover, expose or otherwise make available for observation, inspection or tests as Project
Manager may require, that portion of the Work in question, furnishing all necessary labor,
material and equipment. If it is found that such Work is defective, Contractor shall bear all
direct, indirect and consequential costs of such uncovering, exposure, observation, inspection
and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of
engineers, architects, attorneys and other professionals), and Owner shall be entitled to an
appropriate decrease in the Contract Amount. If, however, such Work is not found to be
defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension
to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection,
testing and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled
workers, suitable materials or equipment or fails to finish or perform the Work in such a way that
the completed Work will conform to the Contract Documents, Project Manager may order
Contractor to stop the Work, or any portion thereof, until the cause for such order has been
eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for
Owner's benefit and nothing herein shall be construed as obligating the Project Manager to
exercise this right for the benefit of Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to
accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and
consequential costs attributable to the Owner's evaluation of and determination to accept
defective Work. If such determination is rendered prior to final payment, a Change Order shall
be executed evidencing such acceptance of such defective Work, incorporating the necessary
revisions in the Contract Documents and reflecting an appropriate decrease in the Contract
Amount. If the Owner accepts such defective Work after final payment, Contractor shall
promptly pay Owner an appropriate amount to adequately compensate Owner for its
acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager,
to correct defective Work or to remove and replace rejected defective Work as required by
Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the
Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract
Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy
any such deficiency. Provided, however, Owner shall not be required to give notice to
Contractor in the event of an emergency. To the extent necessary to complete corrective and
remedial action, Owner may exclude Contractor from any or all of the Project site, take
possession of all or any part of the Work, and suspend Contractor's services related thereto,
take possession of Contractor's tools, appliances, construction equipment and machinery at the
Project site and incorporate in the Work all materials and equipment stored at the Project site or
for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow
Owner, Design Professional and their respective representatives, agents, and employees such
access to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change Order
shall be issued, incorporating the necessary revisions to the Contract Documents, including an
appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs
shall include, but not be limited to, fees and charges of engineers, architects, attorneys and
other professionals, all court costs and all costs of repair and replacement of work of others
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Construction Services Agreement: Revised 06152017
destroyed or damaged by correction, removal or replacement of Contractor's defective Work.
Contractor shall not be allowed an extension of the Contract Time because of any delay in
performance of the Work attributable to the exercise by Owner of Owner's rights and remedies
hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the
Work competently and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with the Contract
Documents. Contractor shall be responsible to see that the finished Work complies accurately
with the Contract Documents. Contractor shall keep on the Work at all times during its progress
a competent resident superintendent, who shall be subject to Owner's approval and not be
replaced without prior written notice to Project Manager except under extraordinary
circumstances. The superintendent shall be employed by the Contractor and be the
Contractor's representative at the Project site and shall have authority to act on behalf of
Contractor. All communications given to the superintendent shall be as binding as if given to
the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project
superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list
identifying Contractor's Project Superintendent and all of Contractor's key personnel who are
assigned to the Project; such identified personnel shall not be removed without Owner's prior
written approval, and if so removed must be immediately replaced with a person acceptable to
Owner.
24.2 Contractor shall have a competent superintendent on the project at all times whenever
contractor's work crews, or work crews of other parties authorized by the Project Manager are
engaged in any activity whatsoever associated with the Project. Should the Contractor fail to
comply with the above condition, the Project Manager shall, at his discretion, deduct from the
Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of
adequate project supervision, not as a penalty, but as liquidated damages, separate from the
liquidated damages described in Section 5.13, for services not rendered.
25. PROTECTION OF WORK.
25.1 'Contractor shall immediately notify Project Manager and Design Professional. The
Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable
for all costs incurred by Owner associated therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the Work or
property at the Project site or adjacent thereto, Contractor, without special instruction or
authorization from Owner or Design Professional is obligated to act to prevent threatened
damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight
(48) hours after Contractor knew or should have known of the occurrence of the emergency, if
Contractor believes that any significant changes in the Work or variations from the Contract
Documents have been caused thereby. If the Project Manager determines that a change in the
Contract Documents is required because of the action taken in response to an emergency, a
Change Order shall be issued to document the consequences of the changes or variations. If
Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
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27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas identified in and
permitted by the Contract- Documents and other lands and areas permitted by law, rights of way,
permits and easements, and shall not unreasonably encumber the Project site with construction
equipment or other material or equipment. Contractor shall assume full responsibility for any
damage to any such land or area, or to the owner or occupant thereof, or any land or areas
contiguous thereto, resulting from the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs,
walks, pavements, roadways, structures, utilities and any underground structures or
improvements not designated for removal, relocation or replacement in the Contract
Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or to
protect them from damage, injury or loss. Contractor shall erect and maintain all necessary
safeguards for such safety and protection. Contractor shall notify owners of adjacent property
and of underground structures and improvements and utility owners when prosecution of the
Work may affect them, and shall cooperate with them in the protection, removal, relocation or
replacement of their property. Contractor's duties and responsibilities for the safety and
protection of the Work shall continue until such time as the Work is completed and final
acceptance of same by Owner has occurred.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time basis at
the Project site whose duty shall be the prevention of accidents. This person shall be
Contractor's superintendent unless otherwise designated in writing by Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property.
All employees of Contractor, as well as those of all subcontractors and those of any other
person or entity for whom Contractor is legally liable (collectively referred to herein as
"Employees"), shall not possess or be under the influence of any such substances while on any
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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.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre -construction conference
with the Project Manager, Design Professional and others as appropriate to discuss the
Progress Schedule, procedures for handling shop drawings and other submittals, and for
processing Applications for Payment, and to establish a working understanding among the
parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and
all meetings convened by the Project Manager with respect to the Project, when directed to do
so by Project Manager or Design Professional. The Contractor shall have its subcontractors and
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suppliers attend all such meetings (including the pre -construction conference) as may be
directed by the Project Manager.
30. VENDOR PERFORMANCE EVALUATION.
Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY.
For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall
provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On
Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as
prescribed in the Florida Department of Transportation's 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.
32. SALES TAX SAVINGS AND DIRECT PURCHASE.
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work. No markup
shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to
Owner, Contractor shall comply with and fully implement the sales tax savings program with
respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales
tax and may wish to generate sales tax savings for the Project, Owner reserves the right to
make direct purchases of various construction materials and equipment included in the Work
("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by
Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two
weeks for execution of all such purchase orders by Owner. Contractor represents and warrants
that it will use its best efforts to cooperate with Owner in implementing this sales tax savings
program in order to maximize cost savings for the Project. Adjustments to the Contract Amount
will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase,
plus the saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed
upon between Owner and Contractor. With respect to all Direct Purchases by Owner,
Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery,
storing, handling, installing, warranting and quality control for all Direct Purchases.
Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees
that all Direct Purchases shall be included within and covered by Contractor's warranty to
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Owner to the same extent as all other warranties provided by Contractor pursuant to the terms
of the Contract Documents. In the event Owner makes a demand against Contractor with
respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer
or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to
Contractor any and all warranties and Contract rights Owner may have from any manufacturer
or supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax
under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes.
33. SUBCONTRACTS.
33.1 Contractor shall review the design and shall determine how it desires to divide the
sequence of construction activities. Contractor will determine the breakdown and composition
of bid packages for award of subcontracts, based on the current Project Milestone Schedule,
and shall supply a copy of that breakdown and composition to Owner and Design Professional
for their review and approval prior to submitting its first Application for Payment. Contractor
shall take into consideration such factors as natural and practical lines of severability,
sequencing effectiveness, access and availability constraints, total time for completion,
construction market conditions, availability of labor and materials, community relations and any
other factors pertinent to saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or
providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be
solely responsible for and have control over the Subcontractors. Contractor shall negotiate all
Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all
affected Subcontractors and shall review the costs of those proposals and advise Owner and
Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to
requesting approval of any Change Order from Owner. All Subcontractors performing any
portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance
2013-69, meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements with respect to its portion of the Work and has the integrity and
reliability to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by
Owner, Contractor also shall identify any other Subcontractors, including their addresses,
licensing information and phone numbers, it intends to utilize for the Project prior to entering
into any subcontract or purchase order and prior to the Subcontractor commencing any work on
the Project. The list identifying each Subcontractor cannot be modified, changed, or amended
without prior written approval from Owner. Any and all Subcontractor work to be self -performed
by Contractor must be approved in writing by Owner in its sole discretion prior to
commencement of such work. Contractor shall continuously update that Subcontractor list, so
that it remains current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract
with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for
every Subcontractor and sub -subcontractor performing any portion of the Work, as well as
maintain a log of all such licenses. All subcontracts and purchase orders between Contractor
and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless
expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require
each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner
by the terms of the Contract Documents, as those terms may apply to the portion of the Work to
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be performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or
purchase order, (4) provide that Owner, Collier County Government, will be an additional
insured on all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties directly to
Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or
purchase order. Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract, copies of the Contract Documents to which the Subcontractor will
be bound. Each Subcontractor shall similarly make copies of such documents available to its
sub -subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-
site) supervision through a named superintendent for each trade (e.g., general concrete forming
and placement, masonry, mechanical, plumbing, electrical and roofing) included in its
subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified
employee for scheduling direction for its portion of the Work. The supervisory employees of the
Subcontractor (including field superintendent, foreman and schedulers at all levels) must have
been employed in a supervisory (leadership) capacity of substantially equivalent level on a
similar project for at least two years within the last five years. The Subcontractor shall include a
resume of experience for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase
orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of
the subcontract or purchase order caused by events beyond its control, including delays
claimed to be caused by Owner or Design Professional or attributable to Owner or Design
Professional and including claims based on breach of contract or negligence, shall be an
extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such changes plus
no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies
for delays and changes in the Work and thus eliminate any other remedies for claim for increase
in the contract price, damages, losses or additional compensation. Further, Contractor shall
require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -
subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the time and in
the manner in which Contractor must submit such claims to Owner, and that failure to comply
with such conditions for giving notice and submitting claims shall result in the waiver of such
claims.
34. CONSTRUCTION SERVICES.
34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all
Project files and records, including, but not limited to, the following administrative records:
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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.
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
�'
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Construction Services Agreement: Revised 06152017
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(c)-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,
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.
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Construction Services Agreement: Revised 06152017 ��'®
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 Contractor 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 Contractor with full decision-making authority and by Owner's staff person or
designee 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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Construction Services Agreement: Revised 06152017
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
Supporting documents found at: http://bid.colliergov.neVbid/
and titled: 17-7021 Supplemental Terms and Conditions
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Construction Services Agreement: Revised 06152017
t*r�
EXHIBIT J: TECHNICAL SPECIFICATIONS
Supporting documents found at: http://bid.colliergov.net/bid/
and titled: N/A
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EXHIBIT K: PERMITS
Supporting documents found at: http://bid.colliergov.net/bid/
and titled: N/A
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Construction Services Agreement: Revised 06152017 t��
EXHIBIT L: STANDARD DETAILS
Supporting documents found at: http://bid.colliergov.net/bid/
and titled: N/A
7s
Construction Services Agreement: Revised 06152017
EXHIBIT M: PLANS AND SPECIFICATIONS
Supporting documents found at: http://bid.colliergov.net/bid/
and titled: 17-7021 CGPH3 Row Plans S&S
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EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
OF=
Bob Hoadley
Personnel Category
Construction Superintendent
Mitchell Penner Project Manager
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Construction Services Agreement: Revised 06152017
DE
DAVIDSON
EH G I t4 E E R 1 PA (,;
October 6, 2017
Collier County Board of Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
Civil Engineering • Planning • Permitting
Re: City Gate Boulevard North Extension Phase Three, DCA Project (17-7201)
To Whom It May Concern,
www,davidsonengineering.com
We have received the Bid Tabulation Sheet in your email of October 5, 2017 and have reviewed the bid data
contained.
Upon review, it is apparent that the low bidder is Mitchell and Stark. An overall review of the bid is consistent
with the initial cost estimates provided to the County by Davidson Engineering.
Based on our review of the overall project scope as outlined in the construction documents we would support an
award of the project to Mitchell and Stark.
If any additional information or analysis is needed please let us know and we shall promptly reply.
Thank you,
Josh Fruth, Vice President
4365 Radio Road - Suite 201 • Naples, FL 34104 - P: (239) 434.6060 • F: (239) 434-6084
1990 Main Street • Suite 750 • Sarasota, FL 34236 • P: (941) 309-5180
Date: October 9, 2017
comer co"I.ty
Administrative Services Department
Procurement Services Division
Notice of Recommended Award
Solicitation : 17-7201 Title: City Gate Boulevard North Extension Phase 3
Due Date and Time: 3:00 pm 09/29/17
Respondents:
Company Name
City
County
State
Bid Amount
Responsive/Responsible
Michell & Stark
Construction, LLC
Naples
Collier
FL
$1,943,585.07
Y/Y
Pavement Maintenance,
LLC
Fort Myers
Lee
FL
$1,999,999.69
Y/Y
Haskins, Inc
Naples
Collier
FL
$2,347,911.55
Y/Y
Quality Enterprises, USA,
Inc
Naples
Collier
FL
$2,477,395.78
Y/Y
Bonness, Inc
Naples
Collier
FL
$2,484,005.10
Y/Y
Coastal Concrete Products
Fort Myers
Lee
FL
$2,897,318,40
Y/Y
Utilized Local Vendor Preference: Yes
Recommended Vendor(s) For Award: Single Award made to the following: Mitchell & Stark Construction, Inc
On August 08, 2017, the Procurement Services Department released Invitation to Bid 17-7201 to 2167 vendors
for the City Gate Blvd N. Extension Phase 3, Ninety Four (94) bid packages were downloaded, and 6 bids were
received on September 29, 2017,
Project Specific
Required Signatures
Project Manager: q 1'z't (. 4L Date: 10/917
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L Procurement Strategist: / 6-' C --- Date: /"�bn//-�
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Edward F. Coyman Jr.