Agenda 03/24/2015 Item #16E3 Proposed Agenda Changes
Board of County Commissioners Meeting
March 24,2015
Item 16E3: Recommendation to continue award of RFP-14-6307 Annual
Contract for General Contractors Services and extend current contract 10-
5510 Annual Contract for General Contractor Services through June 30, 2015
or until the Board approves the award of RFP 14-6307. (Staff's request)
Note:
Item 16A5 Golf Club of the Everglades Final Plat Recording: Authorize the County Manager to
administratively update Dedication#4 on the plat from East Naples Fire Control and Rescue
District to Greater Naples Fire Rescue District prior to the recording of the plat. (Staff's request)
Time Certain Items:
Item 9A to be heard at 9:30 a.m. and heard concurrently with Item 12A
Item 10A to be heard at 1:00 p.m.
3/24/2OlS X:34 AM
3/24/2015 16.E.3.
EXECUTIVE SUMMARY
Recommendation to award RFP #14-6307 "Annual Contract for General Contractors Services" to
the following firms: Bradanna, Inc., Surety Construction Company, Wright Construction Group,
Inc.,PBS Contractors,and Compass Construction,Inc.
OBJECTIVE: To receive Board approval for the award of general contractor services on an as needed
basis.
CONSIDERATIONS: A Request for Proposal (RFP) was issued on September 26, 2014, to solicit
contracts to perform general contracting services. Notices were emailed to one thousand five hundred
twenty three (1,523) firms. Eighty (80) firms responded by requesting packages and responses were
received from ten (10) firms by the due date of October 27, 2014. According to Standard Purchasing
Procedures, a selection committee was formed and, by consensus, the committee recommended the
following firms to be awarded a contract:
1. Bradanna, Inc.
2. Surety Construction Company
3. Wright Construction Group, Inc.
4. PBS Contractors
5. Compass Construction, Inc.
Purchase orders utilizing these contracts will be issued in the following manner:
• For projects with an estimated cost of fifty thousand dollars ($50,000) or less, it is the staffs
intention to endeavor to obtain multiple quotes (three) for routine and minor projected work. In the
event of an exigent circumstance, staff may obtain one (1) quote from one of the contractors listed
above.
• For projects with an estimated cost over fifty thousand dollars ($50,000) and up to two hundred fifty
thousand dollars ($250,000), competitive quotes shall be solicited from all of the selected firms.
FISCAL IMPACT: The funding for each Work Order that is assigned under the approved contracts will
come from each user Division.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.—SRT
GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management
impact,they are consistent with the County's long-term growth plans.
RECOMMENDATION: That the Board of County Commissioners: (1)Award RFP#14-6307, "Annual
Contract for General Contractor Services" to the five (5) firms identified herein and authorize the
Chairman to sign the agreement.
Prepared by: Margaret Bishop, P.E., Senior Project Manager, Division of Facilities Management
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Attachments: 1)Final Ranking; 2)Bradanna Inc. Contract; 3) Surety Construction Company Contract;
4) Wright Construction Group, Inc. Contract; 5)PBS Contractors Contract; and 6)Compass Construction,
Inc. Contract
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COT,LTF,R COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.3.
Item Summary: Recommendation to award RFP#14-6307 "Annual Contract for General
Contractors Services" to the following firms: Bradanna, Inc., Surety Construction Company,
Wright Construction Group, Inc., PBS Contractors, and Compass Construction, Inc.
Meeting Date: 3/24/2015
Prepared By
Name: BishopMargaret
Title: Project Manager, Senior, Facilities Management
3/11/2015 12:15:09 PM
Submitted by
Title: Project Manager, Senior, Facilities Management
Name: BishopMargaret
3/11/2015 12:15:11 PM
Approved By
Name: JonesHank
Title: Project Manager, Principal,Facilities Management
Date: 3/11/2015 6:04:46 PM
Name: FryeSam
Title: Administrative Assistant, Information Technology
Date: 3/12/2015 10:17:36 AM
Name: LinguidiDennis
Title: Manager-Facilities,Facilities Management
Date: 3/13/2015 11:13:11 AM
Name: CummingsRhonda
Title:Procurement Specialist, Purchasing&General Services
Date: 3/13/2015 12:52:26 PM
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3/24/2015 16.E.3.
Name: JohnsonScott
Title: Manager-Procurement, Purchasing&General Services
Date: 3/13/2015 12:52:43 PM
Name: HerreraSandra
Title: Manager-Procurement, Purchasing&General Services
Date: 3/13/2015 12:53:57 PM
Name: MarkiewiczJoanne
Title: Division Director-Purchasing&Gen Svc, Purchasing&General Services
Date: 3/13/2015 12:56:02 PM
Name: FryeSam
Title: Administrative Assistant, Information Technology
Date: 3/13/2015 3:54:19 PM
Name: PriceLen
Title: Department Head -Administrative Svc, Administrative Services Department
Date: 3/13/2015 4:10:00 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 3/17/2015 9:48:31 AM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 3/17/2015 11:56:10 AM
Name: K1atzkowJeff
Title: County Attorney,
Date: 3/18/2015 8:31:04 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/18/2015 9:14:15 AM
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AGREEMENT 14-6307
For
General Contractor Services
THIS AGREEMENT is made and entered into this day of , 2015, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or "Owner") and Bradanna Inc., authorized to
do business in the State of Florida, whose business address is 125 Airport Rd North, Suite 200,
Naples, FL 34104 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. COMMENCEMENT. The Contract shall be for a one (1) year period, commencing on the date of
Board award and terminating after one (1) year, or until such time as all outstanding Work Orders
issued prior to the expiration of the Agreement period have been completed or terminated. This
contract shall have three (3) additional, one (1) year renewals, renewable annually. The County
Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and
conditions contained in this Agreement for up to one hundred eighty (180) days. The County
Manager, or his designee, shall give the Contractor written notice of the County's intention to
extend the Agreement term not less than ten (10) days prior to the end of the Agreement term
then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed five (5) firms to be
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for general contractors on an as-needed basis as may be required by
the Owner in accordance with the terms and conditions of RFP No. 14-6307 and the Contractor's
proposal, which is incorporated by reference and made an integral part of this Agreement. The
execution of this Agreement shall not be a commitment to the Contractor that any Work will be
awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for
Owner pursuant to this Agreement and that procedure during the term and any extension of the
term of this Agreement. The procedure to be followed will be determined by the value of the
project prior to the issuance of a Work Order.
For projects with a value of three ($3,000) to fifty thousand dollars ($50,000):
• The Owner shall solicit quotations from three (3) of the awarded firms;
• The Contractor shall respond with the information sought within seven (7) working
days;
• The Owner may negotiate project terms and conditions; and
• The Owner will issue a numbered Work Order.
For projects with a value of more than fifty thousand dollars (550,000) up to two hundred
thousand and fifty dollars ($250,000):
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• The Owner shall solicit quotations from all of the awarded firms. In each Request
for Quotation, the Owner reserves the right to specify: the period of completion;
collection of liquidated damages in the event of late completion; payment and
performance bond requirement, and time and materials or lump sum.
• The Contractors shall respond with the information and/or quote sought within
seven (7) working days;
• The Owner may negotiate project terms and conditions;
• If Performance and Payment Bonds are required, the Contractor shall provide
within seven (7) working days after notification of award; and
• The Owner will issue a numbered Work Order.
For all Projects the Contractor further agrees to the following:
• The mark-up on materials shall not exceed 10% of the actual cost;
• The mark-up on subcontractors shall not exceed 5%;
• The total mark-up on materials and subcontractors shall not exceed 15%;
• Rates provided are fully burdened to include overhead, insurance and profit.
Mobilization and MOT are excluded from those rates and should be priced in
accordance with the demand of the project. Mobilization and MOT charges must
be mutually agreed upon with the Collier County representative prior to issuance of
a work order;
• Projects that require bonding (typically over $200,000), the bonding costs shall be
paid by the Contractor; and
• For insurance related repairs/work, the Contractor will provide an itemized
breakdown of materials, labor and associated costs necessary to complete the
repairs covered by the County's insurance policy.
This Agreement contains the entire understanding between the parties and any modifications to
this Agreement shall be mutually agreed upon in writing by the Contractor and the County in
compliance with the County Purchasing Ordinance and Procedures in effect at the time such
services are authorized.
3. THE CONTRACT SUM. The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in response to a specific Request for
Quotation. The Contractor agrees to the following:
Any County agency may utilize the services offered under this contract, provided sufficient funds
are included in its budget(s).
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Bradanna Inc.
125 Airport Rd North, Suite 200
Naples, FL 34104
Phone: 239-455-8891; Fax: 239-417-1461
Attn: Joe Steinmann
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All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Procurement Services Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239-252-8407
Fax: 239-252-6480
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES. in compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but 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.
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. Owner will not be obligated to pay
for any permits obtained by Subcontractors. 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.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a thirty (30) day written notice. The County shall be sole judge of non-performance
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9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall
include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of$1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of
this Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
11.1 The duty to defend under this Article 11 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 11 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.
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12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be
required to provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act
as a security guaranteeing the performance of the Contractor's work and the payment
by the Contractor to any other party (ies) providing labor and/or materials in connection
with each construction or renovation project performed by the Contractor. The bonds
shall be furnished using the forms prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business 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 another bond and surety, both of which shall be
subject to the Owner's approval.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on the response to the Request for
Quotation Contractor's wish to receive Progress Payments. Subsequent to the first payment,
Contractor must provide Owner with a fully executed Release and Affidavit in the form attached
hereto as Exhibit "B" as a condition precedent to release of each progress payment. All
applications for payment, whether for full payment or a progress payment shall be in writing, and
in substantially the form attached hereto as Exhibit "C".
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable
evidence indicating probable fling 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.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
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16. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
1 the Work and L the \/1/...1. L.:.-. done the
shall diligently pursue the completion of the Work and coordinate he Work being done on a ie
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. 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.
C. 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 his 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.
17. CHANGES IN THE WORK. 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 modifications to this Contract shall be in compliance with the
County Purchasing Ordinance and Procedures in effect at the time such modifications are
authorized.
A Change Order in the form attached as Exhibit "D" 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.
18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
19. COMPLIANCE WITH LAWS. 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, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
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Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including
specifically those contractual requirements in F.S. § 119.0701(2) as follows:
(a) Keep and maintain public records that ordinarily and norocenrily required by the
public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the
public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify Owner in writing.
20. CLEAN UP. 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.
21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. 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.
22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the RFP No. 14-6307, the Contractor's Proposal,
and/or the County's Board approved Executive Summary; the Contract Documents shall take
precedence.
23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
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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. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
25. TESTS AND INSPECTIONS. 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 to the Owner 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 Owner.
26. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
27. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after 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 Owner 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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28. COMPLETION. When the entire Work (or an y p ortion thereof designated ated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall
fix the date of Substantial Completion for the entire Work (or designated portion thereof) and
include a tentative punchlist of items to be completed or corrected by Contractor before final
payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
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, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F,
recommending that on the basis of his 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. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, 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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
29. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. The 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.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner 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. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
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Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the Work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner 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 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 complete the Work in a timely manner.
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.
30. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Facilities Management Department.
31. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP No. 14-6307, any
addenda, any Quotation(s)/Work Order(s) made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders.
32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, 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.
33. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
34. SALES TAX. 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.
35. IMMIGRATION LAW COMPLIANCE. 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
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at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful Proposer(s) extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful Proposer(s).
38. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
39. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI fingerprint
check, credit reports, education, residence and employment verifications and other related
records. Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
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 County's staff person
who would make the presentation of any settlement reached during negotiations to County 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 County's staff person who would make the presentation of any
settlement reached at Mediation to County'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.
41. SAFETY. All contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable rules
and regulations. Also all Contractors and subcontractors shall be responsible for the safety of
their employees and any unsafe acts or conditions that may cause injury or damage to any
persons or property within and around the work site.
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Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
department and/or Contractor. All applicable OSHA inspection criteria apply as well as all
Contractor rights, with one exception. Contractors do not have the right to refuse to allow
OSHA onto a project that is being performed on Collier County Property. Collier County, as the
owner of the property where the project is taking place shall be the only entity allowed to
refuse access to the project. However, this decision shall only be made by Collier County's
Risk Management Department Safety Manager and/or Safety Engineer.
********************************* Remainder of page intentionally left blank **************"*****************
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tim Nance, Chairman
Dated:
(Seal)
Bradanna Inc.
Contractor
By:
First Witness Signature
Print Name and Title Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
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EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract No. 14-6307
KNOW ALL MEN BY THESE PRESENTS: That as
Principal, and , as Surety, located at
(Business Address) are held and firmly bound
to as Oblige 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
Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying
Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of
the work provided for in the contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will
the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond,
regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of under-signed representative, pursuant to authority of its governing
body.
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Signed, sealed and delivered
in the presence of: PRINCIPAL:
By:
Witnesses as to Principal Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of 20 , by
, as of , a
corporation, on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
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As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as
of , Surety, on behalf of Surety. He/She is personally
known to me OR has produced as identification and who did (did not)
take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 14-6307
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige 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 Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and
made a pat hereof, and is referred to 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains
because of any default by Principal under the Contract, including, but not limited to, all
delay damages, whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of
the Contract or to work or to the specifications.
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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 Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of : PRINCIPAL:
By:
Witnesses as to Principal Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as of
, a corporation, on behalf of the
corporation. He/She is personally known to me OR has produced as
identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20 , by _
, as of
, Surety, on behalf of Surety. He/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(AFFIX OFFICIAL SEAL) (Legibly Printed)
Notary Public, State of
Commission No.:
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EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
S T A T E OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and its
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and
expenses, whether in contract or in tort, against the Board of County Commissioners of Collier
County, Florida, relating in any way to the performance of the Agreement between Contractor and
Owner, dated , 20_for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that
all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might
be sued or for which a lien or a demand against any payment bond might be filed, have been fully
satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits,
actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for
Payment No.
CONTRACTOR
BY:
ITS: President
DATE:
Witnesses [Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as
of , a corporation, on behalf of
the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
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EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) RFP No. 14-6307
(County Department) Project No.
Collier County Board of County Commissioners(the OWNER) or Purchase Order No.
Collier County Water-Sewer District(the OWNER) Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE: (Project Name)
Original Contract Time: Original Contract Price: $
Revised Contract Time: Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru [insert date] $ and stored to Date $
Retainage @ _% after [insert date] $ = Less Retainage $
Total Earned Less Retainage $
Less previous payment(s) $
Percent Work completed to Date: % AMOUNT DUE THIS
Percent Contract Time completed to Date % APPLICATION: $
Liquidated Damages to be Accrued $ Remaining Contract Balance $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name& Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional : (DP's Name)
(Signature) DATE:
(Type Name&Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
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EXHIBIT D
CHANGE ORDER
Contract#: Change#: Purchase Order#: Project#:
Contractor/Firm Name: Project Name:
Project Manager Name: Department:
Original Contract/Work Order Amount h 1 Original BCC Approval Date; Agenda Item#
Current BCC Approved Amount ' Last BCC Approval Date; Agenda Item#
pP _ PP
Current Contract/Work Order Amount SAP Contract Expiration Date (Master)
Dollar Amount of this Change #DIV/0! Total Change from Original Amount
Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount
Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount
Completion Date, Description of the Task(s)Change,and Rationale for the Change,
Notice to Proceed Original Last Approved Revised Date
Date Completion Date Date (Includes this change)
#of Days Added Select Tasks ❑Add new task(s) ❑ Delete task(s) ❑Change task(s) ❑Other(see below)
Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s)
and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.)
describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed.
Prepared by: Date:
(Project Manager Name and Department)
Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and
conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance. The adjustment,if any,to the
Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/Design Professional arising out of or
related to the change set forth herein, including claims for impact and delay costs.
Accepted by: Date:
(Contractor/Vendor/Consultant/Design Professional and Name of Firm,if project applicable)
Approved by: Date:
(Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Procurement Professional
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EXHIBIT E
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
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 contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on , 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
, 20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
, 20
OWNER
By:
Type Name and Title
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EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No. DESIGN PROFESSIONAL'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
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
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
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The Exhibit G "Warranty" is herein attached to and made a part of this Certificate.
Executed by Design Professional on , 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on , 20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on , 20
OWNER
By:
Type Name and Title
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EXHIBIT G
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
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AGREEMENT 14-6307
For
General Contractor Services
THIS AGREEMENT is made and entered into this day of , 2015, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or "Owner") and Surety Construction
Company, authorized to do business in the State of Florida, whose business address is 28441 S.
Tamiami Trail, Suite 109, Bonita Springs, FL 34134 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. COMMENCEMENT. The Contract shall be for a one (1) year period, commencing on the date of
Board award and terminating after one (1) year, or until such time as all outstanding Work Orders
issued prior to the expiration of the Agreement period have been completed or terminated. This
contract shall have three (3) additional, one (1) year renewals, renewable annually. The County
Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and
conditions contained in this Agreement for up to one hundred eighty (180) days. The County
Manager, or his designee, shall give the Contractor written notice of the County's intention to
extend the Agreement term not less than ten (10) days prior to the end of the Agreement term
then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed five (5) fines to be
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for general contractors on an as-needed basis as may be required by
the Owner in accordance with the terms and conditions of RFP No. 14-6307 and the Contractor's
proposal, which is incorporated by reference and made an integral part of this Agreement. The
execution of this Agreement shall not be a commitment to the Contractor that any Work will be
awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for
Owner pursuant to this Agreement and that procedure during the term and any extension of the
term of this Agreement. The procedure to be followed will be determined by the value of the
project prior to the issuance of a Work Order.
For projects with a value of three ($3,000) to fifty thousand dollars ($50,000):
• The Owner shall solicit quotations from three (3) of the awarded firms;
• The Contractor shall respond with the information sought within seven (7) working
days;
• The Owner may negotiate project terms and conditions; and
• The Owner will issue a numbered Work Order.
For projects with a value of more than fifty thousand dollars ($50,000) up to two hundred
thousand and fifty dollars ($250,000):
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• The Owner shall solicit quotations from all of the awarded firms. In each Request
for Quotation, the Owner reserves the right to specify: the period of completion;
collection of liquidated damages in the event of late completion; payment and
performance bond requirement, and time and materials or lump sum.
• The Contractors shall respond with the information and/or quote sought within
seven (7) working days;
• The Owner may negotiate project terms and conditions;
• If Performance and Payment Bonds are required, the Contractor shall provide
within seven (7) working days after notification of award; and
• The Owner will issue a numbered Work Order.
For all Projects the Contractor further agrees to the following:
• The mark-up on materials shall not exceed 10% of the actual cost;
• The mark-up on subcontractors shall not exceed 5%;
• The total mark-up on materials and subcontractors shall not exceed 15%;
• Rates provided are fully burdened to include overhead, insurance and profit.
Mobilization and MOT are excluded from those rates and should be priced in
accordance with the demand of the project. Mobilization and MOT charges must
be mutually agreed upon with the Collier County representative prior to issuance of
a work order;
• Projects that require bonding (typically over $200,000), the bonding costs shall be
paid by the Contractor; and
• For insurance related repairs/work, the Contractor will provide an itemized
breakdown of materials, labor and associated costs necessary to complete the
repairs covered by the County's insurance policy.
This Agreement contains the entire understanding between the parties and any modifications to
this Agreement shall be mutually agreed upon in writing by the Contractor and the County in
compliance with the County Purchasing Ordinance and Procedures in effect at the time such
services are authorized.
3. THE CONTRACT SUM. The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in response to a specific Request for
Quotation. The Contractor agrees to the following:
Any County agency may utilize the services offered under this contract, provided sufficient funds
are included in its budget(s).
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Surety Construction Company
28441 S. Tamiami Trail, Suite 109
Bonita Springs, FL 34134
Phone: 239-992-6030; Fax: 239-992-7977
Attn: Terry Kelly
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All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Procurement Services Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239-252-8407
Fax: 239-252-6480
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but 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.
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. Owner will not be obligated to pay
for any permits obtained by Subcontractors. 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.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a thirty (30) day written notice. The County shall be sole judge of non-performance
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9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall
include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of$1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of
this Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
11.1 The duty to defend under this Article 11 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 11 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.
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12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be
required to provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act
as a security guaranteeing the performance of the Contractor's work and the payment
by the Contractor to any other party (ies) providing labor and/or materials in connection
with each construction or renovation project performed by the Contractor. The bonds
shall be furnished using the forms prescribed in Exhibit"A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business 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 another bond and surety, both of which shall be
subject to the Owner's approval.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on the response to the Request for
Quotation Contractor's wish to receive Progress Payments. Subsequent to the first payment,
Contractor must provide Owner with a fully executed Release and Affidavit in the form attached
hereto as Exhibit "B" as a condition precedent to release of each progress payment. All
applications for payment, whether for full payment or a progress payment shall be in writing, and
in substantially the form attached hereto as Exhibit "C".
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable
evidence indicating probable fling 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.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
III
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16. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. 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.
C. 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 his 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.
17. CHANGES IN THE WORK. 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 modifications to this Contract shall be in compliance with the
County Purchasing Ordinance and Procedures in effect at the time such modifications are
authorized.
A Change Order in the form attached as Exhibit "D" 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.
18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
19. COMPLIANCE WITH LAWS. 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, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
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Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including
specifically those contractual requirements in F.S. § 119.0701(2) as follows:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the
public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify Owner in writing.
20. CLEAN UP. 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.
21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. 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.
22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the RFP No. 14-6307, the Contractor's Proposal,
and/or the County's Board approved Executive Summary; the Contract Documents shall take
precedence.
23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
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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. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
25. TESTS AND INSPECTIONS. 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 to the Owner 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 Owner.
26. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
27. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after 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 Owner 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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28. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall
fix the date of Substantial Completion for the entire Work (or designated portion thereof) and
include a tentative punchlist of items to be completed or corrected by Contractor before final
payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
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, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F,
recommending that on the basis of his 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. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, 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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
29. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. The 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.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner 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. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
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Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the Work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner 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 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 complete the Work in a timely manner.
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.
30. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Facilities Management Department.
31. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP No. 14-6307, any
addenda, any Quotation(s)/Work Order(s) made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders.
32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, 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.
33. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
34. SALES TAX. 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.
35. IMMIGRATION LAW COMPLIANCE. 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
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at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful Proposer(s) extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful Proposer(s).
38. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
39. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI fingerprint
check, credit reports, education, residence and employment verifications and other related
records. Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
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 County's staff person
who would make the presentation of any settlement reached during negotiations to County 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 County's staff person who would make the presentation of any
settlement reached at Mediation to County'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.
41. SAFETY. All contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable rules
and regulations. Also all Contractors and subcontractors shall be responsible for the safety of
their employees and any unsafe acts or conditions that may cause injury or damage to any
persons or property within and around the work site.
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Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
department and/or Contractor. All applicable OSHA inspection criteria apply as well as all
Contractor rights, with one exception. Contractors do not have the right to refuse to allow
OSHA onto a project that is being performed on Collier County Property. Collier County, as the
owner of the property where the project is taking place shall be the only entity allowed to
refuse access to the project. However, this decision shall only be made by Collier County's
Risk Management Department Safety Manager and/or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tim Nance, Chairman
Dated:
(Seal)
Surety Construction Company
Contractor
By:,
First Witness Signature
Print Name and Title Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
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EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract No. 14-6307
KNOW ALL MEN BY THESE PRESENTS: That , as
Principal, and , as Surety, located at
(Business Address) are held and firmly bound
to as Oblige 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
Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying
Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of
the work provided for in the contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will
the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond,
regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of under-signed representative, pursuant to authority of its governing
body.
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Signed, sealed and delivered
in the presence of: PRINCIPAL:
By:
Witnesses as to Principal Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of 20 , by _
, as of , a
corporation, on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
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As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as
of , Surety, on behalf of Surety. He/She is personally
known to me OR has produced as identification and who did (did not)
take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 14-6307
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige 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 Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and
made a pat hereof, and is referred to 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains
because of any default by Principal under the Contract, including, but not limited to, all
delay damages, whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of
the Contract or to work or to the specifications.
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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 Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of : PRINCIPAL:
By:
Witnesses as to Principal Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as of
, a corporation, on behalf of the
corporation. He/She is personally known to me OR has produced as
identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by_
, as of
, Surety, on behalf of Surety. He/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and its
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and
expenses, whether in contract or in tort, against the Board of County Commissioners of Collier
County, Florida, relating in any way to the performance of the Agreement between Contractor and
Owner, dated , 20_for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that
all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might
be sued or for which a lien or a demand against any payment bond might be filed, have been fully
satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits,
actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for
Payment No.
CONTRACTOR
BY:
ITS: President
DATE:
Witnesses [Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 20 , by , as
of , a corporation, on behalf of
the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
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EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) REP No. 14-6307
(County Department) Project No.
Collier County Board of County Commissioners(the OWNER) or Purchase Order No.
Collier County Water-Sewer District(the OWNER) Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE: (Project Name)
Original Contract Time: Original Contract Price: $
Revised Contract Time: Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru [insert date] $ and stored to Date $
Retainage @ _% after [insert date] $ = Less Retainage $
Total Earned Less Retainage $
Less previous payment(s) $
Percent Work completed to Date: % AMOUNT DUE THIS
Percent Contract Time completed to Date % APPLICATION: $
Liquidated Damages to be Accrued $ Remaining Contract Balance $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name&Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional : (DP's Name)
Si nature
( ) DATE:g
(Type Name &Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
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EXHIBIT D
CHANGE ORDER
Contract#: Change#: Purchase Order#: Project#:
(
Contractor/Firm Name: Project Name:
Project Manager Name: Department:
O riginal Contract/Work Order Amount Original BCC Approval Date; Agenda Item#
Current BCC Approved Amount �. :��° ' �
` Last BCC Approval Date; Agenda Item#
Current Contract/Work Order Amount „ SAP Contract Expiration Date (Master)
Dollar Amount of this Change _ #DIV/0! Total Change from Original Amount
Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount
Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount
Completion Date,Description of the Task(s)Change,and Rationale for the Change
Notice to Proceed Original Last Approved Revised Date
Date Completion Date Date (Includes this change)
#of Days Added Select Tasks ❑Add new task(s) ❑ Delete task(s) ❑Change task(s) ❑Other(see below)
Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s)
and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.)
describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed.
Prepared by: Date:
(Project Manager Name and Department)
Acceptance of this Change Order shall constitute a modification to contract t work order identified above and will be subject to all the same terms and
conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance. The adjustment, if any,to the
Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/Design Professional arising out of or
related to the change set forth herein,including claims for impact and delay costs.
Accepted by: Date:
(Contractor/Vendor/Consultant/Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Design Professional and Name of Firm,if project applicable)
Approved by: Date:
(Procurement Professional
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EXHIBIT E
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
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 contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on , 20_._
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
, 20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
, 20_
OWNER
By:
Type Name and Title
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EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No. DESIGN PROFESSIONAL'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
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
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
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The Exhibit G "Warranty" is herein attached to and made a part of this Certificate.
Executed by Design Professional on , 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on , 20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on , 20
OWNER
By:
Type Name and Title
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EXHIBIT G
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
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w G R E E_ • N T 1 A 307
H V R C C l`Yt E IV 1 1'#-6JV
For
General Contractor Services
THIS AGREEMENT is made and entered into this day of , 2015, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or "Owner") and Wright Construction Group,
Inc., authorized to do business in the State of Florida, whose business address is 5811 Youngquist
Road, Fort Myers, FL 33912 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. COMMENCEMENT. The Contract shall be for a one (1) year period, commencing on the date of
Board award and terminating after one (1) year, or until such time as all outstanding Work Orders
issued prior to the expiration of the Agreement period have been completed or terminated. This
contract shall have three (3) additional, one (1) year renewals, renewable annually. The County
Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and
conditions contained in this Agreement for up to one hundred eighty (180) days. The County
Manager, or his designee, shall give the Contractor written notice of the County's intention to
extend the Agreement term not less than ten (10) days prior to the end of the Agreement term
then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed five (5) firms to be
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for general contractors on an as-needed basis as may be required by
the Owner in accordance with the terms and conditions of RFP No. 14-6307 and the Contractor's
proposal, which is incorporated by reference and made an integral part of this Agreement. The
execution of this Agreement shall not be a commitment to the Contractor that any Work will be
awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for
Owner pursuant to this Agreement and that procedure during the term and any extension of the
term of this Agreement. The procedure to be followed will be determined by the value of the
project prior to the issuance of a Work Order.
For projects with a value of three ($3,000) to fifty thousand dollars ($50,000):
• The Owner shall solicit quotations from three (3) of the awarded firms;
• The Contractor shall respond with the information sought within seven (7) working
days;
• The Owner may negotiate project terms and conditions; and
• The Owner will issue a numbered Work Order.
For projects with a value of more than fifty thousand dollars ($50,000) up to two hundred
thousand and fifty dollars ($250,000):
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• The Owner shall solicit quotations from all of the awarded firms. In each Request
for Quotation, the Owner reserves the right to specify: the period of completion;
collection of liquidated damages in the event of late completion; payment and
performance bond requirement, and time and materials or lump sum.
• The Contractors shall respond with the information and/or quote sought within
seven (7) working days;
• The Owner may negotiate project terms and conditions;
• If Performance and Payment Bonds are required, the Contractor shall provide
within seven (7) working days after notification of award; and
• The Owner will issue a numbered Work Order.
For all Projects the Contractor further agrees to the following:
• The mark-up on materials shall not exceed 10% of the actual cost;
• The mark-up on subcontractors shall not exceed 5%;
• The total mark-up on materials and subcontractors shall not exceed 15%;
• Rates provided are fully burdened to include overhead, insurance and profit.
Mobilization and MOT are excluded from those rates and should be priced in
accordance with the demand of the project. Mobilization and MOT charges must
be mutually agreed upon with the Collier County representative prior to issuance of
a work order;
• Projects that require bonding (typically over $200,000), the bonding costs shall be
paid by the Contractor; and
• For insurance related repairs/work, the Contractor will provide an itemized
breakdown of materials, labor and associated costs necessary to complete the
repairs covered by the County's insurance policy.
This Agreement contains the entire understanding between the parties and any modifications to
this Agreement shall be mutually agreed upon in writing by the Contractor and the County in
compliance with the County Purchasing Ordinance and Procedures in effect at the time such
services are authorized.
3. THE CONTRACT SUM. The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in response to a specific Request for
Quotation. The Contractor agrees to the following:
Any County agency may utilize the services offered under this contract, provided sufficient funds
are included in its budget(s).
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Wright Construction Group, Inc.
5811 Youngquist Road
Fort Myers, FL 33912
Phone: 239-481-5000; Fax: 239-481-2448
Attn: Fred Edman
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All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Procurement Services Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239-252-8407
Fax: 239-252-6480
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but 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.
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. Owner will not be obligated to pay
for any permits obtained by Subcontractors. 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.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a thirty (30) day written notice. The County shall be sole judge of non-performance
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9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as fnllnws:
I U. IlY0URNIYVG. The is vvi ni avwi shall
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $2,000,000 aggregate, for Bodily injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall
include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of$1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of
this Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
11.1 The duty to defend under this Article 11 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 11 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.
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12. BONDS. ,
A. When a construction project is in excess of $200,000, the Contractor(s) shall be
required to provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act
as a security guaranteeing the performance of the Contractor's work and the payment
by the Contractor to any other party (ies) providing labor and/or materials in connection
with each construction or renovation project performed by the Contractor. The bonds
shall be furnished using the forms prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business 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 another bond and surety, both of which shall be
subject to the Owner's approval.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on the response to the Request for
Quotation Contractor's wish to receive Progress Payments. Subsequent to the first payment,
Contractor must provide Owner with a fully executed Release and Affidavit in the form attached
hereto as Exhibit "B" as a condition precedent to release of each progress payment. All
applications for payment, whether for full payment or a progress payment shall be in writing, and
in substantially the form attached hereto as Exhibit "C".
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable
evidence indicating probable fling 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.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
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16. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. 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.
C. 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 his 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.
17. CHANGES IN THE WORK. 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 modifications to this Contract shall be in compliance with the
County Purchasing Ordinance and Procedures in effect at the time such modifications are
authorized.
A Change Order in the form attached as Exhibit "D" 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.
18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
19. COMPLIANCE WITH LAWS. 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, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
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Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including
specifically those contractual requirements in F.S. § 119.0701(2) as follows:
and � that •� .1 1 LJ L. h.. the
Keep and maintain public records that ordinar ily and ic� bbarily would be required by ale
public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the
public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify Owner in writing.
20. CLEAN UP. 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.
21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. 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.
22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the RFP No. 14-6307, the Contractor's Proposal,
and/or the County's Board approved Executive Summary; the Contract Documents shall take
precedence.
23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
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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. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
25. TESTS AND INSPECTIONS. 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 to the Owner 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 Owner.
26. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
27. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after 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 Owner 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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28. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall
fix the date of Substantial Completion for the entire Work (or designated portion thereof) and
include a tentative punchlist of items to be completed or corrected by Contractor before final
payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
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, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F,
recommending that on the basis of his 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. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit"B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, 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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
29. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. The 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.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner 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. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
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Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the Work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner 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 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 complete the Work in a timely manner.
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.
30. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Facilities Management Department.
31. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP No. 14-6307, any
addenda, any Quotation(s)/Work Order(s) made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders.
32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, 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.
33. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
34. SALES TAX. 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.
35. IMMIGRATION LAW COMPLIANCE. 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
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at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful Proposer(s) extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful Proposer(s).
38. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
39. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI fingerprint
check, credit reports, education, residence and employment verifications and other related
records. Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
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 County's staff person
who would make the presentation of any settlement reached during negotiations to County 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 County's staff person who would make the presentation of any
settlement reached at Mediation to County'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.
41. SAFETY. All contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable rules
and regulations. Also all Contractors and subcontractors shall be responsible for the safety of
their employees and any unsafe acts or conditions that may cause injury or damage to any
persons or property within and around the work site.
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Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
department and/or Contractor. All applicable OSHA inspection criteria apply as well as all
Contractor rights, with one exception. Contractors do not have the right to refuse to allow
OSHA onto a project that is being performed on Collier County Property. Collier County, as the
owner of the property where the project is taking place shall be the only entity allowed to
refuse access to the project. However, this decision shall only be made by Collier County's
Risk Management Department Safety Manager and/or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tim Nance, Chairman
Dated:
(Seal)
Wright Construction Group, Inc.
Contractor
By:
First Witness Signature
Print Name and Title Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
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EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract No. 14-6307
KNOW ALL MEN BY THESE PRESENTS: That , as
Principal, and , as Surety, located at
(Business Address) are held and firmly bound
to as Oblige 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
Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying
Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of
the work provided for in the contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will
the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond,
regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of under-signed representative, pursuant to authority of its governing
body.
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Signed, sealed and delivered
in the presence of: PRINCIPAL:
By:
Witnesses as to Principal Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of 20 , by—
, as of , a
corporation, on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
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As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as
of , Surety, on behalf of Surety. He/She is personally
known to me OR has produced as identification and who did (did not)
take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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EXHIBIT A-2
PUBLIC PERFORMANCE BOND
�uI
Ju I ..
�VIIV IvV.
Contract No. 14-6307
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige 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 Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and
made a pat hereof, and is referred to 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains
because of any default by Principal under the Contract, including, but not limited to, all
delay damages, whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of
the Contract or to work or to the specifications.
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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 Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of : PRINCIPAL:
By:
Witnesses as to Principal Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as of
a corporation, on behalf of the
corporation. He/She is personally known to me OR has produced as
identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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ATTEST: SURETY:
(Prinfcrd Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by_
, as of
, Surety, on behalf of Surety. He/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF Fl FLORIDA )
i
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and its
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and
expenses, whether in contract or in tort, against the Board of County Commissioners of Collier
County, Florida, relating in any way to the performance of the Agreement between Contractor and
Owner, dated , 20_for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that
all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might
be sued or for which a lien or a demand against any payment bond might be filed, have been fully
satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits,
actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for
Payment No.
CONTRACTOR
BY:
ITS: President
DATE:
Witnesses [Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 by , as
of , a corporation, on behalf of
the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
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EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) RFP No. 14-6307
(County Department) Project No.
Collier County Board of County Commissioners(the OWNER) or Purchase Order No.
Collier County Water-Sewer District(the OWNER) Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE: (Project Name)
Original Contract Time: Original Contract Price: $
Revised Contract Time: Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru [insert date] $ and stored to Date $
Retainage @ _% after [insert date] $ = Less Retainage $
Total Earned Less Retainage $
Less previous payment(s) $
Percent Work completed to Date: % AMOUNT DUE THIS
Percent Contract Time completed to Date % APPLICATION: $
Liquidated Damages to be Accrued $ Remaining Contract Balance $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name &Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional : (DP's Name)
(Signature) DATE:
(Type Name&Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
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EXHIBIT D
CHANGE ORDER
Contract#: Change+ar+.. Purchase Order Proj ect#:
Contractor/Firm Name: Project Name:
Project Manager Name: Department:
Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item#
Current BCC Approved Amount Last BCC Approval Date; Agenda Item#
Current Contract/Work Order Amount " SAP Contract E xpiration Date (Master)
Dollar Amount of this Change
�,;' #DIV/0! Total Change from Original Amount
Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount
Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount
Completion Date,Description of the Task(s)Change,and Rationale for the Change
Notice to Proceed Original Last Approved Revised Date
Date Completion Date Date (Includes this change)
#of Days Added Select Tasks ❑Add new task(s) ❑ Delete task(s) ❑Change task(s) ❑Other(see below)
Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s)
and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.)
describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed.
Prepared by: Date:
(Project Manager Name and Department)
Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and
conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance. The adjustment,if any,to the
Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/Design Professional arising out of or
related to the change set forth herein, including claims for impact and delay costs.
Accepted by: Date:
(Contractor/Vendor/Consultant/Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Procurement Professional
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EXHIBIT E
vEDTn IFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
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 contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on , 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
, 20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
, 20
OWNER
By:
Type Name and Title
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EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No. DESIGN PROFESSIONAL'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
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
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
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The Exhibit G "Warranty" is herein attached to and made a part of this Certificate.
Executed by Design Professional on , 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on , 20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on , 20_
OWNER
By:
Type Name and Title
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EXHIBIT G
WARRANTY
In consideration of ten dollars, 10.00 receipt of which is hereby acknowledged, the undersigned
�$ ), P Y 9 � 9
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
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AGREEMENT 14-6307
For
General Contractor Services
THIS AGREEMENT is made and entered into this day of , 2015, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or "Owner") and PBS Contractors, LLC,
authorized to do business in the State of Florida, whose business address is 4395 Corporate Square,
Naples, FL 34104 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. COMMENCEMENT. The Contract shall be for a one (1) year period, commencing on the date of
Board award and terminating after one (1) year, or until such time as all outstanding Work Orders
issued prior to the expiration of the Agreement period have been completed or terminated. This
contract shall have three (3) additional, one (1) year renewals, renewable annually. The County
Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and
conditions contained in this Agreement for up to one hundred eighty (180) days. The County
Manager, or his designee, shall give the Contractor written notice of the County's intention to
extend the Agreement term not less than ten (10) days prior to the end of the Agreement term
then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed five (5) firms to be
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for general contractors on an as-needed basis as may be required by
the Owner in accordance with the terms and conditions of RFP No. 14-6307 and the Contractor's
proposal, which is incorporated by reference and made an integral part of this Agreement. The
execution of this Agreement shall not be a commitment to the Contractor that any Work will be
awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for
Owner pursuant to this Agreement and that procedure during the term and any extension of the
term of this Agreement. The procedure to be followed will be determined by the value of the
project prior to the issuance of a Work Order.
For projects with a value of three ($3,000) to fifty thousand dollars ($50,000):
• The Owner shall solicit quotations from three (3) of the awarded firms;
• The Contractor shall respond with the information sought within seven (7) working
days;
• The Owner may negotiate project terms and conditions; and
• The Owner will issue a numbered Work Order.
For projects with a value of more than fifty thousand dollars ($50,000) up to two hundred
thousand and fifty dollars ($250,000):
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• The Owner shall solicit quotations from all of the awarded firms. In each Request
for Quotation, the Owner reserves the right to specify: the period of completion;
collection of liquidated damages in the event of late completion; payment and
performance bond requirement, and time and materials or lump sum.
• The Contractors shall respond with the information and/or quote sought within
seven (7) working days;
• The Owner may negotiate project terms and conditions;
• If Performance and Payment Bonds are required, the Contractor shall provide
within seven (7) working days after notification of award; and
• The Owner will issue a numbered Work Order.
For all Projects the Contractor further agrees to the following:
• The mark-up on materials shall not exceed 10% of the actual cost;
• The mark-up on subcontractors shall not exceed 5%;
• The total mark-up on materials and subcontractors shall not exceed 15%;
• Rates provided are fully burdened to include overhead, insurance and profit.
Mobilization and MOT are excluded from those rates and should be priced in
accordance with the demand of the project. Mobilization and MOT charges must
be mutually agreed upon with the Collier County representative prior to issuance of
a work order;
• Projects that require bonding (typically over $200,000), the bonding costs shall be
paid by the Contractor; and
• For insurance related repairs/work, the Contractor will provide an itemized
breakdown of materials, labor and associated costs necessary to complete the
repairs covered by the County's insurance policy.
This Agreement contains the entire understanding between the parties and any modifications to
this Agreement shall be mutually agreed upon in writing by the Contractor and the County in
compliance with the County Purchasing Ordinance and Procedures in effect at the time such
services are authorized.
3. THE CONTRACT SUM. The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in response to a specific Request for
Quotation. The Contractor agrees to the following:
Any County agency may utilize the services offered under this contract, provided sufficient funds
are included in its budget(s).
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
PBS Contractors, LLC
4395 Corporate Square
Naples, FL 34104
Phone: 239-643-6527; Fax: 239-643-4393
Attn: Kimberly Ortegon
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All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Procurement Services Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239-252-8407
Fax: 239-252-6480
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but 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.
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. Owner will not be obligated to pay
for any permits obtained by Subcontractors. 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.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a thirty (30) day written notice. The County shall be sole judge of non-performance
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9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall
include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of$1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of
this Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
11.1 The duty to defend under this Article 11 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 11 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.
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12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be
required to provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act
as a security guaranteeing the performance of the Contractor's work and the payment
by the Contractor to any other party (ies) providing labor and/or materials in connection
with each construction or renovation project performed by the Contractor. The bonds
shall be furnished using the forms prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business 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 another bond and surety, both of which shall be
subject to the Owner's approval.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on the response to the Request for
Quotation Contractor's wish to receive Progress Payments. Subsequent to the first payment,
Contractor must provide Owner with a fully executed Release and Affidavit in the form attached
hereto as Exhibit "B" as a condition precedent to release of each progress payment. All
applications for payment, whether for full payment or a progress payment shall be in writing, and
in substantially the form attached hereto as Exhibit "C".
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable
evidence indicating probable fling 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.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
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16. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
�_ �� diligently the of the and ..1' the being done on �
shall diligently pursue the completion o� die Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
P Y Y Y
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
supplies and contractors.
B. 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.
C. 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 his 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.
17. CHANGES IN THE WORK. 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 modifications to this Contract shall be in compliance with the
County Purchasing Ordinance and Procedures in effect at the time such modifications are
authorized.
A Change Order in the form attached as Exhibit "D" 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.
18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
19. COMPLIANCE WITH LAWS. 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, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
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Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including
specifically those contractual requirements in F.S. § 119.0701(2) as follows:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the
public agency.
20. CLEAN UP. 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.
21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. 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.
22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the RFP No. 14-6307, the Contractor's Proposal,
and/or the County's Board approved Executive Summary; the Contract Documents shall take
precedence.
23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final 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
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or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
25. TESTS AND INSPECTIONS. 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 to the Owner 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 Owner.
26. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
27. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after 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 Owner 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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28. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall
fix the date of Substantial Completion for the entire Work (or designated portion thereof) and
include a tentative punchlist of items to be completed or corrected by Contractor before final
payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
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, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F,
recommending that on the basis of his 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. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, 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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
29. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. The 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.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner 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. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
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Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the Work Wlth il the specified time period, Owner sha ll be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner 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 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 complete the Work in a timely manner.
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.
30. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Facilities Management Department.
31. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP No. 14-6307, any
addenda, any Quotation(s)/Work Order(s) made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders.
32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, 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.
33. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
34. SALES TAX. 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.
35. IMMIGRATION LAW COMPLIANCE. 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
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at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful Proposer(s) extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful Proposer(s).
38. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
39. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI fingerprint
check, credit reports, education, residence and employment verifications and other related
records. Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
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 County's staff person
who would make the presentation of any settlement reached during negotiations to County 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 County's staff person who would make the presentation of any
settlement reached at Mediation to County'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.
41. SAFETY. All contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable rules
and regulations. Also all Contractors and subcontractors shall be responsible for the safety of
their employees and any unsafe acts or conditions that may cause injury or damage to any
persons or property within and around the work site.
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Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
department and/or Contractor. All applicable OSHA inspection criteria apply as well as all
Contractor rights, with one exception. Contractors do not have the right to refuse to allow
OSHA onto a project that is being performed on Collier County Property. Collier County, as the
owner of the property where the project is taking place shall be the only entity allowed to
refuse access to the project. However, this decision shall only be made by Collier County's
Risk Management Department Safety Manager and/or Safety Engineer.
********************************* Remainder of page intentionally left blank ********************************
III
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tim Nance, Chairman
Dated:
(Seal)
PBS Contractors, LLC
Contractor
By:
First Witness Signature
Print Name and Title Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Le
Assistant County Attorney
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EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract No. 14-6307
KNOW ALL MEN BY THESE PRESENTS: That , as
Principal, and , as Surety, located at
(Business Address) are held and firmly bound
to as Oblige 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
Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying
Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of
the work provided for in the contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will
the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond,
regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of under-signed representative, pursuant to authority of its governing
body.
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Signed, sealed and delivered
in the presence of: PRINCIPAL:
By:
Witnesses as to Principal Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of 20 , by
, as of , a
corporation, on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
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As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as
of , Surety, on behalf of Surety. He/She is personally
known to me OR has produced as identification and who did (did not)
take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 14-6307
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige 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 Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and
made a pat hereof, and is referred to 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains
because of any default by Principal under the Contract, including, but not limited to, all
delay damages, whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of
the Contract or to work or to the specifications.
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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 Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of : PRINCIPAL:
By:
Witnesses as to Principal Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as of
, a corporation, on behalf of the
corporation. He/She is personally known to me OR has produced as
identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by_
, as of
, Surety, on behalf of Surety. He/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and its
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and
expenses, whether in contract or in tort, against the Board of County Commissioners of Collier
County, Florida, relating in any way to the performance of the Agreement between Contractor and
Owner, dated , 20_for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that
all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might
be sued or for which a lien or a demand against any payment bond might be filed, have been fully
satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits,
actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for
Payment No.
CONTRACTOR
II
BY:
ITS: President
DATE:
Witnesses [Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 20 , by , as
of , a corporation, on behalf of
the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
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EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County t Manager) RFP No. 14-6307
��.uunty Project rvianagcr� �.� � � C.
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or Purchase Order No.
Collier County Water-Sewer District(the OWNER) Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE: (Project Name)
Original Contract Time: Original Contract Price: $
Revised Contract Time: Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru [insert date] $ and stored to Date $
Retainage @ _% after [insert date] $ = Less Retainage $
Total Earned Less Retainage $
Less previous payment(s) $
Percent Work completed to Date: % AMOUNT DUE THIS
Percent Contract Time completed to Date % APPLICATION: $
Liquidated Damages to be Accrued $ Remaining Contract Balance $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name&Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional : (DP's Name)
(Signature) DATE:
(Type Name &Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
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EXHIBIT D
CHANGE ORDER
Contract#: Change#: Purchase Order#: Project#:
Contractor/Firm Name: Project Name:
Project Manager Name: Department:
_
Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item#
Current BCC Approved Amount s � Last BCC Approval Date; Agenda Item#
Current Contract/Work Order Amount J-4, ! a' ' SAP Contract Expiration Date (Master)
Dollar Amount of this Change #DIV/0! Total Change from Original Amount
Revised ContractNVork Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount
Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount
Completion Date,Description of the Task(s)Change,and Rationale for the Change
Notice to Proceed Original Last Approved Revised Date
Date Completion Date Date (Includes this change)
#of Days Added Select Tasks ❑Add new task(s) ❑ Delete task(s) ❑Change task(s) ❑Other(see below)
Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s)
and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.)
describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed.
Prepared by: Date:
(Project Manager Name and Department)
Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and
conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance. The adjustment, if any,to the
Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/Design Professional arising out of or
related to the change set forth herein,including claims for impact and delay costs.
Accepted by: Date:
(Contractor/Vendor/Consultant/Design Professional and Name of Firm,if project applicable)
Approved by: Date:
(Design Professional and Name of Firm,if project applicable)
Approved by: Date:
(Procurement Professional
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EXHIBIT E
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. ENGINEER'S Project No.
PROJ ECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
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 contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on , 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
, 20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
, 20_
OWNER
By:
Type Name and Title
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EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No. DESIGN PROFESSIONAL'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
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
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
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The Exhibit G "Warranty" is herein attached to and made a part of this Certificate.
Executed by Design Professional on , 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on , 20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on , 20_
OWNER
By:
Type Name and Title
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EXHIBIT G
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
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AGREEMENT14-6307
For
General Contractor Services
THIS AGREEMENT is made and entered into this day of , 2015, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or"Owner") and Compass Construction, Inc.,
authorized to do business in the State of Florida, whose business address is 824 Lafayette Street,
Cape Coral, FL 33904 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. COMMENCEMENT. The Contract shall be for a one (1) year period, commencing on the date of
Board award and terminating after one (1) year, or until such time as all outstanding Work Orders
issued prior to the expiration of the Agreement period have been completed or terminated. This
contract shall have three (3) additional, one (1) year renewals, renewable annually. The County
Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and
conditions contained in this Agreement for up to one hundred eighty (180) days. The County
Manager, or his designee, shall give the Contractor written notice of the County's intention to
extend the Agreement term not less than ten (10) days prior to the end of the Agreement term
then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed five (5) firms to be
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for general contractors on an as-needed basis as may be required by
the Owner in accordance with the terms and conditions of RFP No. 14-6307 and the Contractor's
proposal, which is incorporated by reference and made an integral part of this Agreement. The
execution of this Agreement shall not be a commitment to the Contractor that any Work will be
awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for
Owner pursuant to this Agreement and that procedure during the term and any extension of the
term of this Agreement. The procedure to be followed will be determined by the value of the
project prior to the issuance of a Work Order.
For projects with a value of three ($3,000) to fifty thousand dollars ($50,000):
• The Owner shall solicit quotations from three (3) of the awarded firms;
• The Contractor shall respond with the information sought within seven (7) working
days;
• The Owner may negotiate project terms and conditions; and
• The Owner will issue a numbered Work Order.
For projects with a value of more than fifty thousand dollars ($50,000) up to two hundred
thousand and fifty dollars ($250,000):
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• The Owner shall solicit quotations from all of the awarded firms. In each Request
for Quotation, the Owner reserves the right to specify: the period of completion;
collection of liquidated damages in the event of late completion; payment and
performance bond requirement, and time and materials or lump sum.
• The Contractors shall respond with the information and/or quote sought within
seven (7) working days;
• The Owner may negotiate project terms and conditions;
• If Performance and Payment Bonds are required, the Contractor shall provide
within seven (7) working days after notification of award; and
• The Owner will issue a numbered Work Order.
For all Projects the Contractor further agrees to the following:
• The mark-up on materials shall not exceed 10% of the actual cost;
• The mark-up on subcontractors shall not exceed 5%;
• The total mark-up on materials and subcontractors shall not exceed 15%;
• Rates provided are fully burdened to include overhead, insurance and profit.
Mobilization and MOT are excluded from those rates and should be priced in
accordance with the demand of the project. Mobilization and MOT charges must
be mutually agreed upon with the Collier County representative prior to issuance of
a work order;
• Projects that require bonding (typically over $200,000), the bonding costs shall be
paid by the Contractor; and
• For insurance related repairs/work, the Contractor will provide an itemized
breakdown of materials, labor and associated costs necessary to complete the
repairs covered by the County's insurance policy.
This Agreement contains the entire understanding between the parties and any modifications to
this Agreement shall be mutually agreed upon in writing by the Contractor and the County in
compliance with the County Purchasing Ordinance and Procedures in effect at the time such
services are authorized.
3. THE CONTRACT SUM. The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in response to a specific Request for
Quotation. The Contractor agrees to the following:
Any County agency may utilize the services offered under this contract, provided sufficient funds
are included in its budget(s).
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Compass Construction, Inc.
824 Lafayette Street
Cape Coral, FL 33904
Phone: 239-542-7118; Fax: 239-542-8648
Attn: Doug Oliver
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All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Procurement Services Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239-252-8407
Fax: 239-252-6480
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but 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.
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. Owner will not be obligated to pay
for any permits obtained by Subcontractors. 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.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a thirty (30) day written notice. The County shall be sole judge of non-performance
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9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall
include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of$1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of
this Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
11.1 The duty to defend under this Article 11 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 11 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.
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12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be
required to provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act
as a security guaranteeing the performance of the Contractor's work and the payment
by the Contractor to any other party (ies) providing labor and/or materials in connection
with each construction or renovation project performed by the Contractor. The bonds
shall be furnished using the forms prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business 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 another bond and surety, both of which shall be
subject to the Owner's approval.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on the response to the Request for
Quotation Contractor's wish to receive Progress Payments. Subsequent to the first payment,
Contractor must provide Owner with a fully executed Release and Affidavit in the form attached
hereto as Exhibit "B" as a condition precedent to release of each progress payment. All
applications for payment, whether for full payment or a progress payment shall be in writing, and
in substantially the form attached hereto as Exhibit "C".
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable
evidence indicating probable fling 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; (1) unsatisfactory prosecution of
the Work by the Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
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16. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. 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.
C. 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 his 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.
17. CHANGES IN THE WORK. 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 modifications to this Contract shall be in compliance with the
County Purchasing Ordinance and Procedures in effect at the time such modifications are
authorized.
A Change Order in the form attached as Exhibit "D" 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.
18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
19. COMPLIANCE WITH LAWS. 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, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
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Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including
specifically those contractual requirements in F.S. § 119.0701(2) as follows:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the
public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify Owner in writing.
20. CLEAN UP. 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.
21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. 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.
22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the RFP No. 14-6307, the Contractor's Proposal,
and/or the County's Board approved Executive Summary; the Contract Documents shall take
precedence.
23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
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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. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of iaw.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
25. TESTS AND INSPECTIONS. 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 to the Owner 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 Owner.
26. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
27. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after 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 Owner 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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28. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall
fix the date of Substantial Completion for the entire Work (or designated portion thereof) and
include a tentative punchlist of items to be completed or corrected by Contractor before final
payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
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, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F,
recommending that on the basis of his 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. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) if required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, 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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
29. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. The 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.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner 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. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
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Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the Work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner 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 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 complete the Work in a timely manner.
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.
30. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Facilities Management Department.
31. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP No. 14-6307, any
addenda, any Quotation(s)/Work Order(s) made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders.
32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, 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.
33. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
34. SALES TAX. 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.
35. IMMIGRATION LAW COMPLIANCE. 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
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at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful Proposer(s) extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful Proposer(s).
38. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
39. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI fingerprint
check, credit reports, education, residence and employment verifications and other related
records. Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
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 County's staff person
who would make the presentation of any settlement reached during negotiations to County 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 County's staff person who would make the presentation of any
settlement reached at Mediation to County'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.
41. SAFETY. All contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable rules
and regulations. Also all Contractors and subcontractors shall be responsible for the safety of
their employees and any unsafe acts or conditions that may cause injury or damage to any
persons or property within and around the work site.
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Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
department and/or Contractor. All applicable OSHA inspection criteria apply as well as all
Contractor rights, with one exception. Contractors do not have the right to refuse to allow
OSHA onto a project that is being performed on Collier County Property. Collier County, as the
owner of the property where the project is taking place shall be the only entity allowed to
refuse access to the project. However, this decision shall only be made by Collier County's
Risk Management Department Safety Manager and/or Safety Engineer.
********************************* Remainder of page intentionally left blank ********************************
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tim Nance, Chairman
Dated:
(Seal)
Compass Construction, Inc.
Contractor
By:
First Witness Signature
Print Name and Title Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
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EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract No. 14-6307
KNOW ALL MEN BY THESE PRESENTS: That
as
Principal, and
as Surety, located at
(Business Address) are held and firmly bound
to as Oblige 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
Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying
Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of
the work provided for in the contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will
the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond,
regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of under-signed representative, pursuant to authority of its governing
body.
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Signed, sealed and delivered
in the presence of: PRINCIPAL:
By:
Witnesses as to Principal Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of 20 , by_
, as of , a
corporation, on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
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As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as
of , Surety, on behalf of Surety. He/She is personally
known to me OR has produced as identification and who did (did not)
take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 14-6307
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige 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 Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and
made a pat hereof, and is referred to 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains
because of any default by Principal under the Contract, including, but not limited to, all
delay damages, whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of
the Contract or to work or to the specifications.
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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 Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of : PRINCIPAL:
By:
Witnesses as to Principal Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as of
, a corporation, on behalf of the
corporation. He/She is personally known to me OR has produced as
identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by_
, as of
, Surety, on behalf of Surety. He/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA /
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and its
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and
expenses, whether in contract or in tort, against the Board of County Commissioners of Collier
County, Florida, relating in any way to the performance of the Agreement between Contractor and
Owner, dated , 20_for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that
all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might
be sued or for which a lien or a demand against any payment bond might be filed, have been fully
satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits,
actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for
Payment No.
CONTRACTOR
BY:
ITS: President
DATE:
Witnesses [Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 20 , by , as
of , a corporation, on behalf of
the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
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EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) RFP No. 14-6307
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or Purchase Order No.
Collier County Water-Sewer District(the OWNER) Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE: (Project Name)
Original Contract Time: Original Contract Price: $
Revised Contract Time: Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru [insert date] $ and stored to Date $
Retainage @ _% after [insert date] $ = Less Retainage $
Total Earned Less Retainage $
Less previous payment(s) $
Percent Work completed to Date: % AMOUNT DUE THIS
Percent Contract Time completed to Date % APPLICATION: $
Liquidated Damages to be Accrued $ Remaining Contract Balance $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name&Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional : (DP's Name)
(Signature) DATE:
(Type Name &Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
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EXHIBIT D
CHANGE ORDER
Contract#: Change#: Purchase Order#: Project#:
Contractor/Firm Name: Project Name:
Project Manager Name: Department:
Original Contract/Work Order Amount .(z,; Original BCC Approval Date; Agenda Item#
Current BCC Approved Amount Last BCC Approval Date; Agenda Item#
x 3 ds"
Current Contract/Work Order Amount SAP Contract Expiration Date (Master)
Dollar Amount of this Change #DIV/0! Total Change from Original Amount
Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount
Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount
Completion Date,Description of the Task(s)Change,and Rationale for the Change
Notice to Proceed Original Last Approved Revised Date
Date Completion Date Date (Includes this change)
#of Days Added Select Tasks ❑Add new task(s) ❑ Delete task(s) ❑Change task(s) ❑ Other(See below)
Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s)
and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.)
describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed.
Prepared by: Date:
(Project Manager Name and Department)
Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and
conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance. The adjustment,if any,to the
Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/Design Professional arising out of or
related to the change set forth herein,including claims for impact and delay costs.
Accepted by: Date:
(Contractor/Vendor/Consultant/Design Professional and Name of Firm,if project applicable)
Approved by: Date:
(Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Procurement Professional
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EXHIBIT E
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
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 contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on , 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
, 20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
, 20_
OWNER
By:
Type Name and Title
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EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No. DESIGN PROFESSIONAL'S Project No.
PROJECT:
II
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
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
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
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The Exhibit G "Warranty" is herein attached to and made a part of this Certificate.
Executed by Design Professional on , 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on , 20__
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on , 20_
OWNER
By:
Type Name and Title
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EXHIBIT G
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
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